Colorado Springs funeral home on probation, stored bodies without proper refrigeration
COLORADO SPRINGS, Colo. (KRDO) - Evergreen Funeral Home in Colorado Springs has been placed on probation for the next year, according to documents released by the Colorado Department of Regulatory Agencies.
The documents say DORA got an anonymous tip about Evergreen on Jan. 20 and subsequently sent inspectors to the facility.
On Jan. 22, state inspectors noted multiple violations. According to the documents, these include: storing more human remains than the facility was capable of storing, the refrigeration unit exceeded 39 degrees, the initial and internal chain of custody were inconsistently filled out, among other clerical errors.
The Colorado Code of Regulations outlines that the refrigeration unit at any funeral home must be maintained in good operating condition, including a functioning, properly calibrated internal thermostat, and must be maintained in a sanitary condition at all times. The regulation continues to detail how refrigeration units in good working order shall maintain a temperature of no more than 39 degrees Fahrenheit or 3.9 degrees Celsius.
KRDO13 Investigates has been looking into this for more than a month. We reached out to the General Manager of Evergreen Funeral Home, Michael Hendry, over a month ago to see if this was true. In his statement below, he admitted to taking on more decedents than they had the room for.
“As a longstanding member of this community, Evergreen Funeral Home is dedicated to treating every individual with dignity and respect, regardless of their circumstances.
Recently, our area experienced a significant increase in El Paso County Public Administrator cases – that is, individuals who passed away without known family or resources. When other facilities were unable or unwilling to accept these cases, we opened our doors. In a close-knit community like ours, we believe strongly that everyone deserves to be cared for, and we could not in good conscience turn them away.
However, stepping up to fulfill this vital need meant we received an unexpected volume of remains that temporarily exceeded the capacity of our primary refrigeration units. To ensure these individuals were sheltered, we utilized a secure, secondary space on our property.
We respect the oversight of the Department of Regulatory Agencies (DORA) and are working cooperatively with them to resolve their inquiries regarding this temporary situation. To ensure we can continue serving the public without ever exceeding our storage limits, we have proactively implemented a new facility protocol. Moving forward, if an influx of cases pushes us near our refrigeration capacity, we will perform embalming. This ensures that any individual who cannot be immediately placed in our cooler is still preserved, protected, and treated with the highest standard of dignified care.
We remain deeply committed to serving our neighbors and ensuring that every person entrusted to our funeral home is cared for with compassion and reverence.”
-Michael Hendry, Holt Family Funeral Homes General Manager
We followed up with DORA inquiring about the inspection and what they found, and the state agency declined to provide additional information outside of the inspection report.
We asked Evergreen if the new facility protocol would apply to everyone, or just County Public Administrator cases. The Holt Family Funeral Homes attorney did not answer our questions.
According to the Colorado Code, funeral homes are required to either embalm or continuously refrigerate remains if being held for longer than 24 hours.
Refrigeration of Human Remains:
- All human remains that will be embalmed must be disinfected by approved disinfecting
solutions in such a manner to help eliminate the danger of spreading diseases or
infection. All human remains that are not going to be embalmed must be wrapped in a
sheet or other cloth. If human remains are to be held longer than twenty-four (24) hours,
the remains must, at minimum, either be embalmed or continuously refrigerated until final
disposition.
Hendry also explained how he didn't want to turn anyone away. However, it is outlined in the county contract, Evergreen Amd 1 CON-23-076C; Cremation Services - Exe, that the funeral home is expected to notify the Public Administrator's Office when the facility is at capacity.
A. Upon request by the Representative of the Public Administrator, the Contractor shall transport the bodies of deceased persons from the deceased’s location within El Paso County to the Contractor’s facility, unless the facility is at capacity and the Contractor makes notification to the Public Administrator’s Office.
DORA writes that now Evergreen Funeral Home is subject to disciplinary sanctions to protect public health, safety and welfare. These include the funeral home's license being classified as a "license with conditions," and the license being on probation for a year.
As part of the probation, DORA says Evergreen Funeral Home must have a strict internal auditing program and submit comprehensive quarterly written reports to DORA. The funeral home must write up reports quarterly for DORA. Additionally they must notify DORA of any violations within 72 hours, the agency points out that this includes any instance where continuous temperature monitoring indicates refrigeration exceeded allowable limits or where physical custody limits are breached.
Part of the quarterly write-ups includes specific evidence. DORA outlines the need for refrigeration temperature logs, strict capacity auditing (a daily census of all human remains), a comprehensive chain of custody (copies of logs of all human remains received, transferred or released) and a designee affidavit (a notarized document signed by the designee swearing they are not designated for more than one funeral establishment or crematory).
KRDO13 Investigates asked El Paso County about its contract and communication with Evergreen Funeral Home. Below is the county's previous response.
El Paso County has not been notified of any pending cases or investigations. Our contract with Evergreen Funeral Home remains active. We are actively reviewing the situation and will take appropriate action if necessary. At this time, the Coroner’s Office has not had any new cases to transfer to a funeral home on behalf of the Public Administrator.
On Monday, a spokesperson for El Paso County said its contract with Evergreen Funeral Home is no longer active.
The County has not received an inspection report. We are aware of the State’s Final Agency Order, which is publicly available on the DORA website. The County’s contract with Evergreen is no longer active. The Coroner’s Office has not transferred any new cases to a funeral home on behalf of the Public Administrator.
- A spokesperson for the county tells KRDO13 Investigates
On Monday, KRDO13 Investigates followed up with emails and calls to Michael Hendry, Hendry's attorney, El Paso County, and the legal office representing the now former Public Administrator, Catherine Seal. Hendry declined to comment.
The legal office representing the now-former Public Administrator (PA), Catherine Seal, tells KRDO13 that she is no longer the PA as of April 6. We reached out to the new PA, Christopher Turner.
Seal's attorney told KRDO13 Investigates that an employee of Evergreen advises staff at the Public Administrator's office from time to time when their facility cannot take another PA case. They say when this occurs, PA staff will contact other facilities also under contract with the county.
KRDO13 Investigates was the first to advise Seal's legal office of this issue, the office wrote in an email. They say that the PA contacted Evergreen to get the full story. The legal office says it wasn’t until the PA’s third call to Evergreen that they disclosed there was an “oversight” at Evergreen.
You can read the full order from DORA below.
This is not the first case of state action against a Colorado funeral home that KRDO13 Investigates broke the news of.
Back in 2023, KRDO13 Investigates told you about the Return to Nature Funeral Home, where owners Jon and Carie Hallford have both been convicted on state and federal charges.
We were also the first ones to bring you the news of state inspectors allegedly finding multiple bodies hidden in the now former county coroner, Brian Cotter, and his brother Chris's privately owned mortuary. You can read more on our coverage regarding Davis Mortuary here.
Even more recently, KRDO13 Investigates brought you the information surrounding Wilson Funeral Home in Cañon City, which is also managed by Hendry. DORA had issued a cease-and-desist order against the funeral home, stating the business operated without a valid state registration after its license expired in November 2024. The funeral home ended up reaching a settlement with state regulators and allowing it to be reopened.
Is there something we need to know? Email your tip to 13investigates@krdo.com.
Editor’s Note: The owner of the Shrine of Remembrance contacted KRDO13 to clarify with viewers that the facility is not affiliated with Evergreen Funeral Home and operates independently.
Stay up to date with the latest local news, sports, and investigations by downloading the KRDO13 app. Click here to download it from the Apple App Store. Android users can download it from Google Play here.
