BREAKING: A Durango man, Joe Brinkerhoff, was released from custody after being found incompetent to stand trial for allegedly firing a gun through a window at the Durango Community Recreation Center earlier this year. This urgent development raises significant concerns about public safety and the effectiveness of Colorado’s mental health and criminal justice systems.
The 76-year-old suspect was charged in connection with an incident on April 15 that shattered a window at the recreation center. Authorities confirmed that Brinkerhoff had a history of conflicts with staff and patrons. Despite prosecutors labeling him as a potential threat to the community, a psychiatric evaluation revealed he suffers from permanent cognitive impairment, rendering him unable to stand trial.
On August 30, Sixth Judicial District Judge Suzanne Carlson ruled Brinkerhoff incompetent, triggering his release under Colorado law. However, his release was delayed by 35 days to allow for planning. This case highlights the concerning gaps in the state’s treatment of individuals found incompetent to stand trial, as historically, such defendants are often released without sufficient care.
In a recent hearing on September 4, a prosecutor acknowledged Brinkerhoff as “an imminent danger to the community and himself,” yet the county declined to pursue a civil commitment order. Meghan Graham, a county spokesperson, emphasized the necessity for someone with firsthand knowledge of Brinkerhoff’s mental state to initiate such a petition.
New legislation passed in 2024 allows for up to three months of short-term treatment for defendants deemed incompetent, aiming to prevent automatic releases like Brinkerhoff’s. However, the implementation of this law has been complicated. District Attorney Sean Murray stated that confusion between his office and the county attorney hindered the filing of petitions under the new statute.
“The Behavioral Health Administration has indicated that even when commitments are ordered, there are no available beds,” Murray said, expressing frustration over the lack of psychiatric resources. He pointed out that no commitments have been approved since the law’s enactment, leaving judges with minimal options to protect the community.
In a swift response to Brinkerhoff’s release, the city of Durango filed a temporary civil protection order on behalf of eight employees, citing his troubling behavior at various city facilities. Judge Carlson granted this order, with a follow-up hearing scheduled shortly.
Just a day after his release, Brinkerhoff was arrested again on suspicion of trespassing, a petty offense, raising concerns about a potential cycle of repeated evaluations and legal proceedings. “We could be back at square one, potentially,” Murray warned, highlighting the ongoing challenges in addressing cases of mental health in the justice system.
As the situation unfolds, community members are urged to remain vigilant and report any concerning behavior. The implications of Brinkerhoff’s release and subsequent actions are being closely monitored.
Stay tuned for updates on this developing story.
