Lawsuit filed against Cotter brothers, Pueblo Masonic Temple after Davis Mortuary scandal

PUEBLO, Colo. (KRDO) -- Several families have filed a lawsuit against Davis Mortuary owners Chris Cotter and Brian Cotter.

The lawsuit comes as the Colorado Bureau of Investigations (CBI) says 24 decaying bodies were found inside the funeral home; some of the bodies had been there for more than a decade, investigators say.

Brothers Chris and Brian Cotter have not yet officially faced criminal charges, but this lawsuit marks a new effort by families who, until this investigation, believed that their loved one's remains were properly taken care of.

The Allegations

The lawsuit also names the Pueblo Masonic Temple Annex Association, as attorneys say the group leased the mortuary property to the brothers. Attorneys claim that Brian Cotter has held a number of leadership roles with the group, including as "Worshipful Master" in 2009 and 2010.

The investigation into the brothers first began after Department of Regulatory Agencies (DORA) inspectors noticed a foul smell at Davis Funeral Home. The lawsuit alleges that the Masonic Temple, which owned the property, would have known about the smell.

"At all times relevant and upon information and belief, it is reasonable to conclude that the scent associated with decaying and rotting human bodies is so unique, powerful, and unmistakable that individuals who frequent the property where 24 corpses and numerous unattached body parts decayed and rotted for over 15 years would have smelled the foul odor," the lawsuit reads.

The lawsuit also alleges that the Pueblo Masonic Temple Annex "have started to move critical contents that may constitute evidence from the Property which includes, but not limited to, refrigerators that are purposed for storing cadavers."

KRDO13 reached out to the CBI about these claims, which said:

"The CBI completed its evidence collection from the Davis Mortuary property a while ago and turned the property back over to the Masons (as I think we previously shared) because they are the legal property owners.

The CBI investigation does not target the Masons and the CBI doesn't share any of the evidence preservation concerns you said were mentioned in the court document."

-CBI spokesperson

What the Families are Saying

KRDO13 got an exclusive interview with the attorney, Richard Orona, who spoke on behalf of the families.

"There's a family that...lost their father. He...was a loving husband and father and was very close to his...children. And, they...were very, very, devastated when they got the news that their father had been left to essentially just decay and rot in a room. Without any, any respect for his life...for who he was as a person," says Orona.

Among the decaying bodies allegedly found at the mortuary was one of a baby. The lawsuit claims her body was found in a white box at the funeral home, and the box was wrapped with green ribbon. It's unclear why the body was put in a box and adorned with green ribbon in such fashion; the lawsuit claims that hospital staff where the baby died did not send body like that. In the lawsuit, attorneys make note of Brian Cotter's reported affinity for the color green and also point to the Freemasons, who attorneys say have adopted the color green as symbolic of "Immortality of the Soul."

"One of my other clients is the grandfather of a baby...she took her first couple of breaths when she was born...they had to resuscitate her...she was having difficulties and she passed that same day. But she was a...baby to the mom, a granddaughter to the grandparents. And they mourn her. And to now have to relive the situation and... to be thinking about...where their daughter was this past 15 years has just been overwhelmingly devastating for that family," says Orona.

No one ever wants to hear this happened to their family, but Orona tells us that for the third family he is representing, the news came at a particularly devastating time.

"And then the third family...they lost...their husband and their father...the daughter found out about the fact that her dad, had been just thrown in this room for 15 years, on the same day she had the ultrasound and found out that she was having a daughter. So for such...a monumental and exciting day just turned to tragedy for that family," says Orona.

Families are suing the Cotter brothers and the Pueblo Masonic Temple Annex Association on a number of allegations, including breach of contract, negligence, and fraud/misrepresentation.

The plaintiffs are requesting a jury trial.

Background on the Case

Back in August, inspectors alleged that they noted a smell of decomposition in Cotter's privately-owned funeral home, Davis Mortuary. They claimed that there was a door hidden behind a display, and when they removed it, they allegedly found remains in various states of decomposition.

The Colorado Bureau of Investigations (CBI) said that there were 24 bodies found, and it's believed that they were all brought to the funeral home between 2010 and 2012. As of the last update from the CBI in early October, six of the bodies have been identified.

As of this publication, no criminal charges have been filed against Brian Cotter, or funeral home co-owner Chris Cotter. However, Brian Cotter did step down from his position as county coroner.

The CBI says that they want to identify all of the bodies before the district attorney's office evaluates potential charges.

"As we've indicated from the very beginning, this is a slow and tedious process," said District Attorney Kala Beauvais on Oct. 1. "I am determined to get this case right. The filing of charges will be done right the first time."

To read all of our updates on the Davis Mortuary case, click here.

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