Former Pueblo County coroner Brian Cotter & brother out of jail after judge lowers bail

PUEBLO, Colo. (KRDO) -- Former Pueblo County Coroner Brian Cotter and his brother, Chris, who is also his business partner, were released from custody on Friday night after posting bail, a lieutenant at the Pueblo County Jail confirms to KRDO13 Investigates.

Their bonds were reduced by a judge a day after the Cotters were arrested on Thursday. Brian Cotter's attorneys had argued for a reduction of his bond, arguing he was not a flight risk since he remained in Pueblo during the investigation.

A judge reduced their bonds from $1 million to $500,000. This decision drew strong responses from the family of Mel Emerson, whose body was discovered at Davis Mortuary.

Mel's widow, Patty Emerson, expressed a mix of disappointment and gratitude following the bond reduction. "It was upsetting to us that the bond was reduced," she said. "But, I do have to say that despite that, I am grateful that they are finally facing charges"

Patty Emerson reflected on the profound impact of the situation on her family. “I never thought I would be making funeral arrangements for my husband twice in my lifetime,” she said, highlighting the ongoing pain. She went on to say, “There are countless family members out here who are suffering and we deserve to have them pay for that suffering.”

Nicole Rider, Mel Emerson's daughter, voiced her desire for severe consequences for those responsible. “For me personally, them rotting under a prison and then burning in hell for eternity,” Rider said. She also posed a direct question to those involved, asking, “I would like to ask him: why? Why my dad? My dad was a kind, good man. Why?”

Both Cotter brothers each faces the following charges:

• 125 counts of abuse of a corpse (class 6 felony: 24 bodies, 83 cremains, 16 sets of bones, 2 containers of human tissue) 
• 9  counts of forgery (class 5 felony)
• 9 counts of theft (class 5 felony)
• 9 counts of theft (class 6 felony)
• 7 counts of theft (class 1 misdemeanor) 
• 2 counts of theft (class 2 misdemeanor) 

The DA says as of now, 19 bodies have been identified out of the 24 found at Davis Mortuary. Officials confirmed that the human tissue was found in buckets and was from 2016 to 2017, whereas the bodies were from around 2010 to 2012.

The CBI says, in addition to the physical abuse of remains, the investigation identified evidence of systemic financial and administrative misconduct, including the fabrication of death certificates and the misappropriation of funds from preneed funeral contracts. KRDO13 asked the DA's office whether any of the charges related to the Davis Mortuary contract with the Colorado Department of Corrections, and the DA's office said no.

According to records by the Colorado Department of Regulatory Agencies (DORA), former Pueblo County Coroner Brian Cotter's privately-owned funeral home was due for an inspection back in August of 2025. When inspectors arrived, they noted "a strong odor of decomposition."

READ MORE: Pueblo County Coroner accused of hiding bodies in secret room at his privately-owned funeral home

Later, inspectors said they noticed a door was hidden by a cardboard display. When they went to remove the display, inspectors say Cotter asked them not to go inside, according to DORA's records.

Inspectors did not follow Cotter's request; when they entered, they said they found bodies in various stages of decomposition. According to the Colorado Bureau of Investigation (CBI), Cotter told inspectors that some of the bodies had been awaiting cremation for approximately 15 years.

CBI says a total of 24 bodies from Davis Mortuary, along with multiple containers of bones and multiple containers of probable human tissue, were transferred to the El Paso County Coroner's Office for attempted identification.

KRDO13 Investigates was the first to uncover the allegations. To read all of our previous reporting on this case, click here.

KRDO13 has reached out to the Cotter's Attorney for comment.

“Mr. Cotter has been in contact with law enforcement and cooperative throughout the investigation and will continue to cooperate and engage in  the judicial process in hopes of bringing closure and peace to everyone impacted by this case.”

- David Beller

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.