Durango Man Released After Gun Incident, Raises Safety Concerns
UPDATE: A Durango man, Joe Brinkerhoff, has been released from custody after being found incompetent to stand trial for allegedly firing a gunshot through a window at the Durango Community Recreation Center earlier this year. This shocking development raises serious questions about public safety and the effectiveness of Colorado’s mental health and criminal justice systems.
The incident occurred in April, when Brinkerhoff, aged 76, reportedly had ongoing conflicts with staff and patrons at the rec center, culminating in the gunfire that shattered a ground-floor window. Prosecutors characterized Brinkerhoff as a significant threat to the community. However, a psychiatric evaluation concluded that he suffers from permanent cognitive impairment, rendering him unable to stand trial.
On August 4, Sixth Judicial District Judge Suzanne Carlson ruled Brinkerhoff incompetent, leading to his release under Colorado law. The release was delayed for 35 days to allow for proper planning, highlighting the systemic issues within the state’s handling of mentally ill defendants.
This case occurs against a backdrop of new legislation passed in 2024, which allows courts to mandate up to three months of short-term treatment for criminal defendants found incompetent. This law aims to tackle the gaps that have historically allowed potentially dangerous individuals to walk free without adequate care.
At a recent hearing on September 4, prosecutors indicated that Brinkerhoff was recognized as “an imminent danger to the community and himself,” yet the county chose not to file a commitment order due to a lack of petitions for involuntary commitment. Meghan Graham, a county spokesperson, clarified that civil commitment requires firsthand knowledge of a person’s mental state and potential risks.
Despite the new law, officials revealed that confusion exists between the district attorney’s office and county attorneys regarding its implementation. District Attorney Sean Murray expressed frustration over the lack of commitment filings, citing a statewide shortage of psychiatric beds. “Even when you get that order, the Behavioral Health Administration is saying, ‘We don’t have a bed,’” Murray stated.
As a result, dangerous defendants like Brinkerhoff are often released, with little recourse for law enforcement. Since the enactment of the new law, no commitment petitions have been approved, raising alarms about community safety.
In an immediate response to his release, the city of Durango filed a temporary civil protection order on behalf of eight city employees, citing Brinkerhoff’s threatening behavior towards staff at multiple facilities. Judge Carlson granted this order, and a follow-up hearing is scheduled to address ongoing concerns.
Just a day after his release, Brinkerhoff was arrested again for suspicion of trespassing, a petty offense. This new charge will also require a competency evaluation, potentially restarting the cycle of legal proceedings. Murray commented on the frustrating situation, noting, “We could be back at square one, potentially, so it would just be a repeating cycle.”
This developing story underscores critical issues within the intersection of mental health and criminal justice, leaving the Durango community grappling with safety concerns and the efficacy of legal protections. Stay tuned for updates as this situation unfolds.
