Eight days after inspectors with the Colorado Department of Regulatory Agencies (DORA) uncovered a hidden room with two dozen decomposing bodies and other human remains at the private mortuary of Pueblo County Coroner Brian Cotter, the three-term coroner has resigned.
Cotter and his brother, Chris Cotter, who co-own Davis Mortuary at 128 Broadway Ave., became the subjects of an ongoing criminal probe by the Colorado Bureau of Investigations last week after 24 bodies and “multiple containers” of bones and probable human tissue were found in a concealed room at their funeral home.
In a letter sent to Pueblo County Attorney Cynthia Mitchell, David M. Beller, an attorney representing Brian Cotter through the law firm of Recht Kornfeld P.C., said Cotter was “hospitalized for a cardiac event following the events of August 20.”
“Following his discharge, he’s acted swiftly to prioritize the concerns of the public as it relates to his position as Coroner,” Beller wrote. “To that end, he hereby announces his retirement and submits his resignation for your acceptance … with an effective date of September 2, 2025.”
“Please permit this letter to operate with the full force and effect as a direct communicationfrom Mr. Cotter, and know he will provide his own written statement with his signature when he is able, as soon as possible.”
Beller’s letter described Cotter’s resignation as a “final act of public service, thus allowing the Coroner’s Office to continue its superb service to the people of this community — a public that Mr. Cotter holds dear.”
“The Pueblo County Board of Commissioners has received the resignation of Coroner Brian Cotter,” county officials stated in a news release. “The BOCC will be working diligently on the next steps in the process to fill the vacancy as outlined by law.”
With Cotter’s resignation, the Pueblo Board of County Commissioners will be tasked with appointing his temporary replacement, who will serve in the office until the vacancy is filled in the next general election, according to Colorado Revised Statutes.
Nearly every Pueblo city and county elected official, Colorado Gov. Jared Polis, the Colorado Coroners Association, Colorado House District 46 Rep. Tisha Mauro, and Colorado State Sen. Nick Hinrichsen had called for Cotter’s resignation.
Cotter was first elected Pueblo County Coroner in 2014 and subsequently re-elected in 2018 and 2022. Had he not resigned, his term would have expired in 2027. His 2025 salary was $131,700, which he was being paid monthly in $10,975 increments.
Why wasn’t Cotter previously removed from his position?
State and county officials were previously unable to remove Cotter from his position despite the ongoing CBI investigation, as Colorado law does not currently provide a way for an elected coroner to be removed from office, even if under criminal investigation.
State law does enable a board of county commissioners to suspend a county officer without pay and later remove them from office, but only if convicted of a felony or “infamous” crime, and that conviction is upheld through the appeals process.
Davis Mortuary located at 128 Broadway Ave. in Pueblo.
Where things stand with the investigation into Davis Mortuary
The criminal investigation into the Cotter brothers and their mortuary began after DORA inspectors found several bodies in various stages of decomposition in a concealed room of the funeral home on Aug. 20.
Cotter allegedly told the inspectors that some of the bodies had been in the room as long as 15 years, and that families of decedents may have been given fake cremains.
DORA’s Office of Funeral and Mortuary Science Services issued a summary suspension for Davis Mortuary on Aug. 21, stating 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,” among other infractions.
The CBI then launched a criminal probe, which is still in its early stages. No arrests have yet been made and no charges have been filed.
The coroner’s offices of El Paso and Fremont counties have assumed the day-to-day operations of the Pueblo County Coroner’s Office and are also working to examine the remains recovered from Davis Mortuary, which were transferred to the El Paso County Coroner’s Office for attempted identification.
That identification process is expected to take several months and will entail the use of dental x-rays, fingerprints and DNA samples. Due to unverified record keeping at Davis Mortuary and the condition of the remains, which could be at least 15 years old in some cases, DNA comparisons with samples voluntarily submitted by family members “will be a key part of the process,” according to CBI officials.
CBI agents executed search warrants on Aug. 26 at the homes of both brothers, but had not questioned either suspect as of that date, as they had retained legal counsel. CBI officials say neither man is considered a flight risk.
Chieftain Editor Zach Hillstrom can be reached at zhillstrom@gannett.com or on X, at @ZachHillstrom. Support local news; subscribe to the Pueblo Chieftain at subscribe.chieftain.com.
This article originally appeared on The Pueblo Chieftain: Pueblo County Coroner Brian Cotter resigns