Topeka (WIBW) - Shawnee County is taking steps to stop one planned memorial for murder victim Gerald Eberhardt.

The 51-year old was shot and killed at his Tecumseh home Oct. 25th. His wife, Michelle Eberhardt, along with his stepson, Scott Mosher, and friends Stephanie Menard and Derrick Haase are charged with murder and conspiracy.

Activist Sonny Scroggins says his group, Bias Busters, plans to dedicate a tree to Eberhardt 5:45 pm Sunday at Lake Shawnee. Scroggins holds similar dedications around the Topeka area for most other homicide victims.

But at Monday's Shawnee County Commission meeting, Commissioner Vic Miller questioned whether the group had contacted Parks and Recreation to get the appropriate approval. Parks and Rec Director John Knight says his office had not spoken with anyone.

Miller also specifically mentioned Gerald Eberhardt's criminal history, including convictions for domestic battery. Miller said he is concerned anytime someone tries to link county property without approval.

Miller direct Knight to take all necessary steps to keep the event from happening.

Scroggins says he'll go forward with the event. He says he will dedicate the tree from his car if he has to.

Scroggins says the park is open to the public and he knows the rules. He says Miller is abusing his power.

Asked about whether a person's background should matter, Scroggins noted he did not dedicate a tree for the man killed while trying to rob a liquor store.

In a statement, he added, "Every life should be celebrated and every loss of life should be remembered as a tribute to their families, loved ones, friends and community."