Pueblo County Coroner Brian Cotter is facing a criminal investigation after state inspectors allegedly found improperly stored bodies in various stages of decomposition in a concealed room of his privately-owned funeral home and mortuary, Davis Mortuary.
Cotter, a three-term Republican county coroner, allegedly told state inspectors with the Colorado Department of Regulatory Agencies (DORA) that some of the bodies had been in the hidden room as long as 15 years, and that families of decedents may have been given fake cremains.
In an Aug. 21 press conference, local and state law enforcement and regulatory officials discussed the ongoing investigation into what Colorado Bureau of Investigation Director Armando Saldatecalled "a deeply disturbing and tragic situation involving the Davis Mortuary."
"This is the day no one wants to see," Saldate said. "We have received credible information that Davis Mortuary has been improperly storing human remains for years. This is a profound violation of trust and a heartbreaking betrayal of the families who entrusted their loved ones to this funeral home.
"I want to express my deepest and most sincere condolences to the families and loved ones of the deceased whose remains have been so terribly disrespected. We know you are grieving, and this news only compounds your pain. We are committed to getting you the answers you deserve. I can confirm that the Colorado Bureau of Investigation, in partnership with our local law enforcement partners here in Pueblo, our county law enforcement partners, have launched a full-scale investigation into Davis Mortuary."
At the time of Thursday's press conference, Saldate said investigators were on the Davis Mortuary premises, "executing search warrants to collect evidence and document the full scope of this tragedy."
"We know that you want answers and you want them now," Saldate said. "I understand that urgency completely. However, this is a complex and painstaking process. We are at the very beginning of a thorough, methodical investigation. Our top priorities are to respectfully and humanely process the scene, identify all the deceased and notify their families and loved ones. This will take some time, unfortunately."
Sam Derp, director of DORA's Division of Professions and Occupations, said when investigators made contact with workers at the funeral home on Aug. 20, they "made statements that indicated they believed the bodies ranged around 20 or so."
"The investigators did not make entry into the room where the bodies were specifically stored, they were able to see them from the doorway," Derp said. "In order to really assess how many were in the room, they would have had to start moving them around, which is not what we wanted them to be doing. The statements that were made to our inspectors at the time was that they believed the bodies could be as old as 15 years."
Tenth Judicial District Attorney Kala Beauvais said the ongoing investigation is "going to be long, it's going to be tedious, and it's going to be thorough," and that no formal charges have been filed at this time.
"This is an active investigation that's in its early stages, and charges will be reviewed by my office once the investigation is completed. Until then, we will keep you informed as appropriate, while maintaining the integrity of the investigation," Beauvais said.
Currently, Cotter remains out of custody, according to Pueblo County Sheriff David Lucero. Lucero stated law enforcement was aware of Cotter's current location, although he is not yet under arrest and has not been charged with any crimes at this time. His brother, Christopher Cotter, who is co-owner and secretary of the funeral home, is also under investigation, Lucero said.
Cotter currently remains the Pueblo County coroner.
"We are exploring through legal means the statutory situation," Saldate said of Cotter's status as coroner. "We're trying to get advice on how to proceed. Obviously, we're going to need a coroner to process our scene and help process the remains."
Saldate stated CBI is not currently in a position to comment further on Cotter's continued role as coroner.
Should Cotter resign or be otherwise ousted from the position, the Pueblo Board of County Commissioners would appoint his temporary replacement, per Colorado Revised Statutes. That replacement would serve in the coroner's office until the vacancy is filled in the next general election.
"At this time, we are continuing to gather information," Pueblo commissioners said in a written statement Thursday afternoon. "Our thoughts are with those who may be affected during this difficult time. Pueblo County is committed to fully cooperating with law enforcement throughout this investigation, as well as ensuring our community continues to be served by a functioning coroner office."
Families who utilized Davis Mortuary and have concerns about the handling of their loved ones' remains are encouraged to contact the CBI's victim assistance line at 719-257-3359 or through email at [email protected].
What the state inspection found
Inspectors from the office of Funeral Homes and Mortuary Science Services within DORA's Division of Professions and Occupations conducted an annual inspection at Davis Mortuary, located at 128 Broadway Ave., on Aug. 20.
When inspectors entered the mortuary, they noted a strong odor of decomposition and a door hidden by a cardboard display, DORA officials said in an emailed statement to the Chieftain.
"Upon entering the room behind the display, the inspectors found several bodies in various stages of decomposition," DORA officials said. "The appointed designee for the funeral home, Brian Cotter, told inspectors that the bodies were awaiting cremation and admitted that some bodies had been in the room for approximately 15 years. He also admitted that he may have issued next-of-kin fake cremains."
A summary suspension for Davis Mortuary issued by DORA’s Office of Funeral and Mortuary Science Services on Aug. 21 stated the mortuary “engaged in willfully dishonest conduct and/or committed negligence in the practice of embalming, funeral directing, or providing for final disposition that defrauds or causes injury or is likely to defraud or cause injury.”
“Davis Mortuary failed to embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains,” the suspension order stated. “Davis Mortuary took custody of more human remains than the funeral establishment has the capacity to refrigerate and maintained custody of human remains for more than twenty-four hours.”
Cotter’s history as Pueblo County coroner
Cotter was first elected Pueblo County coroner in 2014 and was re-elected in 2018 and 2022.
His profile on the Pueblo County webpage states he “has over 20 years’ experience working with the Pueblo County Coroner's office and over 25 years of death care experience as a local mortician, a state death investigator, and a diplomat for the American Board of Medicolegal Death Investigators.”
According to the Davis Mortuary website, the business was purchased by Brian and Chris Cotter in 1989. The family, including Lloyd, Bernadette, Brian, and Christopher Cotter, incorporated Cotter Family Funeral Services in 1992 in Trinidad, according to the Colorado Secretary of State's Office website.
At the time the family took over the Pueblo-based mortuary it had been serving as home to southern Colorado's first crematory since 1971, according to the website.
As of Thursday morning, the funeral home had removed its "our staff" page, which formerly listed Brian Cotter as president of the funeral home.
This story was updated to include additional information.
More on this case: Pueblo coroner's private practice suspended after state inspectors find decomposing bodies
Chieftain Editor Zach Hillstrom can be reached at [email protected] or on X, at @ZachHillstrom. Chieftain Reporter Justin Reutter can be reached at [email protected] or on X, at @jayreutter1. Support local news; subscribe to the Pueblo Chieftain at subscribe.chieftain.com.
This article originally appeared on The Pueblo Chieftain: Pueblo coroner may have had '20 or so' bodies in hidden mortuary room
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