PUEBLO, Colo. — Once again, regulating Colorado's funeral home industry is expected to be part of the state's next legislative session as a result of the investigation into Davis Mortuary in Pueblo.
Workers with the Department of Regulatory Agencies (DORA) noticed a strong smell while preforming its mandated annual inspection of Davis Mortuary on August 20, according to the summary suspension document for the mortuary.
The mortuary is owned by brothers Brian and Chris Cotter. Brian Cotter is also the Pueblo County Coroner.
While inside Davis Mortuary, inspectors noticed a door hidden behind a cardboard display, which Brian Cotter asked them not to enter. The inspectors said they discovered at least 24 bodies in "various stages of decomposition" inside.
Brian Cotter allegedly told the inspectors that the bodies were awaiting cremation, admitting that some had been in that room for an estimated 15 years. The document continues to claim that Brian Cotter told inspectors he "may have issued next-of-kin fake cremains."
Davis Mortuary was ordered to cease and desist from any funeral establishment practices.
The Colorado Bureau of Investigation (CBI) is leading the investigation into Davis Mortuary, based on the department's experience with the Return to Nature case out of Penrose.
The estimated 24 bodies from the mortuary along with “multiple containers of bones and several containers of probable human tissue” that belong to an unknown number of deceased individuals were transferred to the El Paso County Coroner’s Office for identification where possibloe, a CBI spokesperson said in a news release.
State Senator Nick Hinrichsen, District 3- D, has lived in Pueblo for the last 10 years. He has seen laws change throughout the state in response to other scandals within the funeral home industry in Colorado, such as Sunset Mesa Funeral Directors in Montrose and Return to Nature Funeral Home in Penrose.
"Sadly, this isn't the first time that we've seen something horrific like this happen in Colorado," Sen. Hinrichsen said. "Given what we're seeing here in Pueblo, it's time to take another look at those and reconsider steps forward to make sure that this doesn't happen again."
Some of the changes in Colorado law include SB18-234, which made it illegal to own more than 10% interest in a funeral establishment or crematory while also owning more than 10% in a nontransplant tissue bank.
In 2020, HB20-1148 made abuse of a corpse a felony instead of a misdemeanor.
Last year, HB24-1335 expanded DORA's inspection authority while requiring routine inspections of funeral homes and mortuaries. August 20 marked the first inspection of Davis Mortuary since the bill was signed into law.
Now, Hinrichsen would like to address a conflict of interest he believes arises when coroners own a funeral home, and can direct decedents to their own practice in certain circumstances. He also wants to reform how coroners can be removed from their elected positions in extreme cases, such as the investigation into Davis Mortuary.
"Just oversight that hasn't been addressed in state law, ensuring that there is a way to remove somebody from office in that position if there is gross negligence or other behavior that warrants it, and then also to ensure that there isn't a financial incentive tied to the office," Sen. Hinrichsen explained. "Conceptually, it's one piece of legislation, but I'm not married to being a single bill. It could become two bills."
Aaron Kucharik is a former funeral home director who worked in Kansas before spending two years in the industry in Colorado Springs.
"The perception is that Colorado is the wild, wild west of the funeral industry, where if you lose your license in another state, just move to Colorado and you can open up your own funeral home the very next day," Kucharik said.
When Kucharik first learned about the investigation into Davis Mortuary, he was stunned.
"My initial, knee-jerk reaction was, well, here we go again," Kucharik said. "After the initial shock and embarrassment kind of settled, I was like, well, at least we know that the legislation that we got passed in 2024 is working, and DORA is inspecting and investigating funeral homes across the state."
Kucharik believes the ideas from Hinrichsen would be a "major step forward for the safety of the deceased here in Colorado."
Denver7 obtained Cotter's resignation letter through his attorney, which said Cotter was "hospitalized for a cardiac event" after August 20. His resignation will be effective on September 2.
The letter ended by saying Cotter has been a "dedicated public servant" since 2014, and that "he offers this resignation as a final act of public service, thus allowing the Coroner's Office to continue its superb service to the people of the community — a public that Mr. Cotter holds dear."
