TORONTO — The father of late Canadian rocker Dave Brockie has gone to court to retrieve his son’s cremated remains.
William M. Brockie, administrator of Dave Brockie’s estate, is also seeking $1 million in damages from the surviving members of GWAR for alleged unauthorized use of Dave Brockie’s image.
The GWAR singer, who performed as Oderus Urungus, died March 23, 2014 in Richmond, Virginia of an accidental heroin overdose. He was 50.
The Ottawa native’s father filed a lawsuit last Thursday in Virginia claiming the remaining members of the band “set out on a course of action to capitalize on the death of Dave Brockie.”
The suit alleges Brockie was never compensated for a tour only weeks before his death and that the other members of GWAR “took possession of and removed certain of Dave Brockie’s personal items, including but not limited to his bass guitars, artwork, gold record, tour posters, antique firearm, and computer from his residence.”
William Brockie’s lawsuit alleges he was given “a small fraction of his son’s ashes” in a plastic bag.
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He claims the band set up the Dave Brockie Memorial Fund without permission and continues to use Brockie’s name and likeness.
None of the allegations have been proven in court.
A year before his death, Brockie said he was adopted and never knew his biological parents. He said although he kept his Canadian passport, he had “no blood connection” to the land.
On Tuesday, GWAR said in a statement it had not yet seen a copy of the lawsuit but denied the allegations.
“We did not steal Dave Brockie’s ashes, or anything else that belonged to him,” read the statement. “We have acted in good faith to honour the wishes of our dear friend.”
GWAR said it paid for the cremation, two memorial services and a plot in the Hollywood Cemetery in Richmond.
“Dave’s father did not attend either of the services held for his son in Richmond,” they claimed.
GWAR said it gave William Brockie some of the ashes “so he could spread them in the location where Dave’s brother and mother’s ashes were dispersed.”
It claimed the Brockie estate has been able to retrieve the belongings mentioned in the lawsuit for “weeks.”
The statement said GWAR wants to preserve “the legacy of one of the greatest singers in rock and roll history” and hopes “we will be able to get back to work on the one thing we all know Dave Brockie loved: GWAR.”
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