Investigation of Davis Mortuary Broadens; Owner Resigns His Coroner Post

It’s only been about three weeks since an inspection of Davis Mortuary in Pueblo, Colorado by the state’s Department of Regulatory Agencies (DORA) uncovered a concealed room full of human remains, some of which had been in the room for 15 years. In that short time, though, authorities have upgraded the body count, expanded the scope of the investigation, and sparked new discussions about Colorado’s deathcare regulations, eerily echoing the aftermath of 2023’s Return to Nature Funeral Home tragedy.

Rippling repercussions

On August 20, DORA representatives carrying out the agency’s first-ever inspection of Davis Mortuary found what they initially thought to be 20 sets of human remains that Brian Cotter, who served as Pueblo County coroner and co-owns the funeral home with his brother, Chris, admitted had been covertly stored in the room for years. Six days later, the Colorado Bureau of Investigation (CBI) revised the number of remains to 24, adding that it could take months to sort through the boxes of bones and containers of “probable human tissue” to confirm this number, identify the deceased, and notify families.

The mortuary’s business license was immediately revoked, and Colorado Governor Jared Polis called for Brian Cotter to resign from his position as coroner. Cotter submitted his resignation on August 29 with an effective date of September 2, and coroners in two neighboring counties are pitching in to help with the Pueblo County coroner’s office workload. In the meantime, the homes of both Brian Cotter and Chris Cotter have been searched, and both have retained attorneys, although no formal charges have been issued as of September 5.

Legal and financial implications

Inevitably, this discovery revived criticisms of the laws that govern funeral homes, funeral workers, and elected coroners in Colorado. The Return to Nature scandal, which uncovered in a Penrose, Colorado facility nearly 300 decomposing bodies that were supposed to have been cremated, led to brand new laws in 2024 meant to govern the previously unregulated deathcare profession. The August 20 visit to Davis Mortuary was a direct result of new inspection guidelines within that legislation.

It seems that the Davis Mortuary incident is also following in the footsteps of Return to Nature by illuminating gaps in the state’s laws governing coroners. Senator Nick Hinrichsen, who has lived in Pueblo for 10 years, now wants to investigate the potential conflicts of interest of coroners owning funeral homes. He also hopes to allow coroners to be “removed from their elected positions in extreme cases” like this, rather than simply requesting and waiting for a resignation.

Most recently, the Colorado Department of Insurance (DOI) has joined the CBI in the investigation of Davis Mortuary, focusing on the firm’s preneed program. The DOI is asking anyone who prepaid for funeral services from the now-shuttered business to fill out a form on their website, although it’s unclear at this time whether breach of contract claims will result in a refund, as there may be no resources from which to recover funds.

Doors are closed

Authorities say that because the investigation into Davis Mortuary is ongoing, no arrest warrants have been issued for the Cotter brothers, who are not considered flight risks. In addition to the revocation of the operating license for the funeral home, the business has also been served a notice to vacate the property at 128 Broadway Avenue in Pueblo. The eviction notice is due to the owners “conducting criminal activity on the property, storage of bodies over the allowed limit as stated by CBI investigation.”

The Davis Mortuary website is still active, although all photos and bios from the “Our Staff” page have been removed. The business is listed as “temporarily closed” by Google.

Parting Stone, the New Mexico based start-up that takes cremated ash remains and turns them into what they term “Solidified Remains” recently sent out this press release celebrating their 10,000th family served in their short business history.

In the press release the company says this about their achievement, “This milestone marks a significant achievement in the company’s mission to provide a comforting, tangible alternative to conventional cremated remains and highlights an important shift in the modern grief experience in America.”

The company calls their solid form of cremated remains, which results in 40-80 small stones “a complete alternative to conventional “ashes.”

Related Article — In a somewhat related article the New York Post published this article recently titled, “How innovative cremation services are giving a new spin to the end of life”.   The article features Parting Stone but also mentions about a dozen other alternatives for cremated remains.

Tom Anderson
Funeral Director Daily

The article intimates that with the high percentage of cremations taking place there is also a feeling that burial of cremated remains, niche placement, and even home urn placement are not the preferred ways that people want to memorialize their cremated loved ones.  According to the article, “They (consumers) want customized events paired with tactile experiences. Not surprisingly, a creative movement memorializing ashes is now happening.”

To that end, there are many opportunities, wide and varied in scope, coming to market for the these consumers looking for another option and the article mentions many of them with links to the processes.

I would suggest that you read the article and learn of the options available.  Many of them offer commissions or margins to funeral directors who facilitate the sale and, in a business looking for increased revenue, that revenue may come in handy.

The NY Post article states, “According to the Cremations Association of North America’s 2022 Cremation Memorialization Research, almost one in four US households, or approximately 22 million families, have human cremated remains in their homes.”

Disclosure:  The author of this article for Funeral Director Daily is a shareholder of Parting Stone.

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