A Durango man arrested earlier this year on suspicion of firing a gunshot through a window at the Durango Community Recreation Center was released from custody after being found incompetent to stand trial – underscoring well-documented gaps in Colorado’s mental health and criminal justice systems.
Joe Brinkerhoff, 76, had reoccurring conflicts with rec center staff and patrons and was charged in connection to the April incident that shattered one of the building’s ground-floor windows.
While prosecutors argued Brinkerhoff posed a considerable threat to the community, a psychiatric evaluation found that he had permanent cognitive impairment and was unable to stand trial, according to a court document.
Sixth Judicial District Judge Suzanne Carlson found him incompetent in August, triggering his release under Colorado law, though the dismissal was delayed 35 days to allow for release planning.
Historically, defendants found incompetent and unlikely to be restored were released unless prosecutors or family members pursued a civil commitment. Judges and district attorneys had few tools to keep such individuals in treatment, even if they were considered dangerous.
That changed in 2024, when lawmakers passed new legislation that allows courts to order up to three months of short-term treatment for criminal defendants found incompetent, aimed at preventing automatic release while providing limited care.
For the first time, prosecutors, clinicians or the state’s behavioral health office could petition directly in connection with a criminal case. In counties with more than 50,000 residents, such as La Plata County, county attorneys are responsible for filing the petitions.
At a Sept. 4 hearing, a prosecutor told the court that while the county recognized Brinkerhoff as “an imminent danger to the community and himself,” it declined to file a commitment order.
Meghan Graham, county spokesperson, said that is because no one had submitted a petition for involuntary commitment.
“The county does not, on its own, have the authority to civilly commit people,” Graham said. “Doing so requires that somebody with firsthand personal knowledge of someone’s mental capacity and whether there is a potential risk of harm to self or others.”
But the new statute is not the same as a traditional civil commitment, which is broader and applies outside of criminal cases. Instead, it is a narrow tool tied to criminal defendants found incompetent, designed to provide short-term treatment.
District Attorney Sean Murray said his office had recommended using the new law, but no filing occurred. He acknowledged confusion between his office and the county attorney about how to implement the statute.
“In essence, my office and the county attorney need to get together and just iron this out,” Murray said.
Even if petitions are filed, Murray said commitments are rarely approved because of a statewide shortage of psychiatric beds.
“What’s frustrating right now is even when you get that order, the Behavioral Health Administration is saying, ‘We don’t have a bed,’” he said.
The lack of capacity means judges and attorneys are increasingly forced to release defendants deemed dangerous, with few civil or short-term commitments being granted. To Murray’s knowledge, none have been approved since the 2024 law was enacted.
The day after his release, the city of Durango filed a temporary civil protection order against Brinkerhoff on behalf of eight city employees. City officials presented information about his menacing behavior toward staff at multiple facilities, and Judge Carlson granted the order. A follow-up hearing is scheduled.
Brinkerhoff was arrested the day after his release on suspicion of trespassing, a petty offense, Murray said.
Even minor charges require a finding of competency before cases can proceed, meaning his mental fitness may again need to be evaluated.
“We could be back at square one, potentially, so it would just be a repeating cycle,” Murray said.
jbowman@durangoherald.com
