Your Family Was Shot at a Motel on US 160. Here Is What Colorado Law Actually Does About It.
We are sorry you are reading this. The people who come to our firm after a family member has been shot at a motel are not “cases” to us — they are fathers, mothers, sisters, and brothers who just buried someone at a place that was supposed to be safe enough to spend the night. We will not dress this page up. We are going to tell you, in plain English, what Colorado law gives you when your loved one is killed at a place like the Wapiti Lodge in west Durango, who can be held responsible, what the deadline looks like, and exactly what to do in the next 72 hours so the proof does not disappear while you are still planning the funeral.
The April 2026 sentencing of Johnny Cash Kimbrough to 44 years and 364 days in the Colorado Department of Corrections for the October 25, 2023 shooting death of Quentin Mayberry at the Wapiti Lodge is a criminal conviction. It puts the shooter in prison for most of his remaining life. It does not pay your family for the funeral, the lost wages, the empty chair at the table, the grief, or the years you will spend missing your person. The criminal court and the civil court are two different courts, with two different jobs, and two different standards of proof. The criminal case closed the criminal door. We are here to open the civil one.
Past results depend on the facts of each case and do not guarantee future outcomes.
Who We Can Sue, and on What Theories
This case has at least three potential civil defendants. We treat each one separately because each one has different insurance, different lawyers, and different defenses. The job in the first 30 days is to identify every pocket that owes your family money, and to serve each of them before any of them can hide behind a default judgment they saw coming.
The Shooter: Johnny Cash Kimbrough
Mr. Kimbrough is the direct perpetrator. He is the first-named defendant in any civil complaint we file. Under Colorado law, an intentional homicide is a battery that becomes a wrongful death. There is no workers’ compensation bar, no corporate shield, no contractual release that protects him. His personal assets — whatever he has now and whatever he accumulates inside or outside prison — are reachable through a civil judgment.
The conviction itself is extraordinarily powerful civil leverage. Under Colorado’s non-mutual offensive collateral estoppel doctrine, a criminal conviction entered against a defendant can be used offensively in a later civil case to prove the elements of the underlying intentional tort, even though the burden of proof in the civil case is only “more probable than not” rather than “beyond a reasonable doubt.” Mr. Kimbrough will not be allowed to retry the question of whether he deliberately shot Mr. Mayberry. That question is settled.
There is one practical reality we will be honest about: collecting from a 22-year-old who has just been sentenced to nearly 45 years in prison is difficult. We will still name him as a defendant because:
- The judgment stays on the record for the rest of his life and becomes collectible from any future assets or earnings.
- If he has any pre-conviction insurance, homeowner policy, or other coverage that excludes intentional acts, we test every exclusion.
- If a third party (such as an employer or property owner) contributed to the circumstances, naming Mr. Kimbrough is required to preserve joint-and-several liability arguments.
The Motel: Wapiti Lodge and Its Owners
This is often where the actual money is. The Wapiti Lodge is a business that invites the public onto its property in exchange for money. Under Colorado’s Premises Liability Act, C.R.S. § 13-21-115, an innkeeper owes a duty of reasonable care to its guests — which includes protection against foreseeable criminal acts of third parties when the business knew, or should have known, of the danger.
The legal question is not whether the motel pulled the trigger. The motel did not pull the trigger. The legal question is whether the motel failed to provide the level of security a reasonably careful innkeeper would have provided, and whether that failure contributed to the harm. Specifically:
“A possessor of land is liable for any physical or mental harm caused to an invitee by the possessor’s failure to exercise reasonable care to protect the invitee against a danger which the possessor should have reasonably foreseen.”
That duty is broader than most people expect. Colorado courts have repeatedly held that an innkeeper who knows — or through reasonable inspection should know — that its property has been the site of prior violent incidents, drug activity, prostitution, gang activity, or other foreseeable harm, has a duty to implement reasonable security measures. Those measures can include adequate exterior lighting, functional locks on guest-room doors, working security cameras, trained staff, background checks on staff with key access, controlled key-card duplication, and a documented protocol for responding to disturbances.
The public record tells us several things that bear on the motel’s foreseeability:
- The shooting occurred in a guest room, which is the very location the motel controls most directly.
- The shooter had time to consider his actions, which means there was a window during which motel staff could have intervened.
- The shooting involved a domestic dispute involving two registered guests, which means the motel had records, payment information, and a check-in history for both parties.
- West Durango sits along US Route 160 in a transient corridor with budget motels — exactly the category of property the Colorado Premises Liability Act and Colorado innkeeper case law treat as requiring enhanced security protocols.
We will subpoena the motel’s records the day we are retained. We will find out how many times police were called to the property in the 24 months before the shooting. We will find out whether the motel had functioning surveillance cameras and whether any footage of the night of October 25, 2023 still exists. We will find out whether the motel had any documented incidents involving weapons, threats, or domestic violence. We will find out who was working the desk that night and what training they had. None of that information will come out on its own. It comes out because we serve a preservation letter and a subpoena on day one.
Hunter Griswold
Ms. Griswold is named as a defendant in our complaint for her potential role under the concert-of-action theory and for negligence if evidence shows she lured Mr. Mayberry to the motel room knowing or having reason to know of the danger. A defendant who helps create the conditions that lead to a foreseeable harm can be jointly and severally liable for the resulting damages, even if that defendant did not pull the trigger.
This is a fact-specific analysis. We will not name Ms. Griswold as a defendant based on speculation. If the evidence supports it, we name her. If the evidence does not, we do not. That is the kind of decision that requires a real investigation, not a website paragraph.
What Your Family Is Entitled to Recover
Under Colorado law, a wrongful death claim is brought for the benefit of the statutory beneficiaries — typically the surviving spouse, children, and parents of the deceased, with the distribution governed by C.R.S. § 13-21-201 and § 13-21-202. The estate may also bring a survival action for damages the decedent himself sustained between injury and death, including conscious pain and suffering.
The categories of recoverable damages include:
Economic Damages (Uncapped)
These are the dollars with receipts attached:
- Medical and hospital expenses incurred between the shooting and death (ambulance, ER, ICU, surgery, medications)
- Funeral and burial expenses
- Lost wages and earning capacity — the income Mr. Mayberry would have earned over the remainder of his working life, including employer-paid benefits such as health insurance, retirement contributions, and paid leave. The Bureau of Labor Statistics’ Employer Costs for Employee Compensation data places benefits at approximately 29.9% of total private-industry compensation — meaning roughly $0.30 of every dollar your family lost came from benefits, not just the paycheck.
- Lost household services — the cooking, childcare, home maintenance, yard work, vehicle care, and household management Mr. Mayberry performed, valued at the cost to replace each service in the local market.
- Lost employer-provided benefits including health insurance premiums, 401(k) match, life insurance, and stock or equity compensation.
Non-Economic Damages (Uncapped Because of the Felonious Killing Exception)
These are the human losses that no receipt can measure:
- Grief and sorrow of the surviving spouse and children
- Loss of companionship, love, and society
- Loss of guidance and nurturing for any minor children
- Pain and suffering sustained by Mr. Mayberry between the shooting and his death (in the survival action)
- Mental anguish and emotional distress of the beneficiaries
Punitive Damages
Colorado permits punitive damages where the defendant’s conduct shows a willful and wanton disregard for the safety of others. An intentional homicide satisfies this standard. A jury can award punitive damages to punish the defendant and to deter similar conduct. Punitive damages in a felonious-killing case are not subject to the statutory cap on noneconomic damages.
Survival Action Damages
If Mr. Mayberry survived for any period after the shooting — even minutes — his estate has a separate claim for the conscious pain and suffering he endured during that period, plus the economic losses flowing from the injury itself. The survival action is brought by the personal representative of the estate.
The Statute of Limitations — The Clock That Decides Everything
This is the most urgent topic on this page, and we are going to be direct.
Colorado’s Wrongful Death Act, C.R.S. § 13-21-204, provides that a wrongful death action must be brought within two years from the date of death. The survival action under C.R.S. § 13-20-801 also carries a two-year clock, but it runs from the date of the injury (the shooting), not the date of death.
The shooting occurred on October 25, 2023. The standard two-year clock from that date expired October 25, 2025. That is the hard truth.
However, the law provides several paths forward that we will investigate and pursue on your behalf:
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Equitable tolling during the criminal case. Colorado courts have recognized that the wrongful death SOL may be equitably tolled while a related criminal case is actively pending, particularly where the civil defendant is the same person being criminally prosecuted and where pursuing the civil case during the criminal case would create Fifth Amendment conflicts. The criminal case was actively pending from October 25, 2023 through the December 2024 verdict and the April 11, 2026 sentencing. We will argue that the SOL was tolled throughout the pendency of the criminal case.
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Discovery rule application. In cases where the full extent of the harm or the identity of all defendants could not be known within the SOL, Colorado courts have applied a discovery rule. We will investigate whether the motel records, surveillance footage, and third-party discovery yield new defendants or new theories that restart the clock.
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Premises liability against the motel. The wrongful death SOL applies to the direct perpetrator. Claims against third parties — such as the motel under the Premises Liability Act — may carry different timing considerations, particularly where the third-party defendant’s negligence was not discoverable within the original SOL period.
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Federal claims. Depending on the facts, federal civil rights claims under 42 U.S.C. § 1983 or other federal statutes may be available, with their own statutory schemes.
Do not read this section as a reason not to call us. Read it as a reason to call us today. Every day that passes makes the analysis more difficult. We will conduct a free, confidential evaluation of your specific timeline and tell you honestly what is still available.
The Insurance Adjuster Playbook — And How We Beat Each Play
If the Wapiti Lodge or its insurer contacts your family before you have hired counsel — and they often do, within days of a death — here are the plays they will run and how we counter each one.
Play One: The Quick Check With a Release Buried Under It
The adjuster will express sympathy, offer a small immediate payment to cover funeral expenses, and ask you to sign a receipt — which is, in legal terms, a release of all claims. The dollar amount is deliberately calibrated to be tempting when you are grieving and cash-strapped, and the release language is deliberately buried in fine print.
Our counter: Do not sign anything. Do not cash any check that comes with a release. Do not speak with the adjuster about anything other than confirming the receipt of the death certificate. The funeral can be paid from your own resources, from Mr. Mayberry’s estate, or from a victim compensation fund while we pursue the full civil case.
Play Two: The “Sympathetic” Recorded Statement
The adjuster will ask you to “tell us what happened” so they can “process your claim.” They will record the conversation. Every word you say will be analyzed for inconsistencies, admissions, or statements that can be used against you later. The adjuster is not your friend. The adjuster’s job is to reduce your claim’s value.
Our counter: Do not give a recorded statement. Refer the adjuster to us. We will handle all communication with the insurance company.
Play Three: The Recorded Phone Call Designed to Trip You Up
The defense attorney or investigator will call, sometimes within days of the funeral, to “get your version of events.” The call will be friendly and conversational. The questions will be designed to elicit statements you do not realize you are making.
Our counter: Refer all calls to our office. We will screen and redirect. If you have already spoken with an adjuster or investigator before hiring us, tell us exactly what was said so we can address it.
Play Four: The Delay Tactic
The insurer will ask for “more time to investigate” and then ask for more time again. The goal is to run out the statute of limitations clock or to pressure you into accepting a low offer out of financial exhaustion.
Our counter: We file the lawsuit before the insurer can finish its delay. Filing the complaint starts the discovery process and imposes court-ordered deadlines that the insurer cannot control.
Play Five: The “Comparative Fault” Argument
Even in an intentional homicide case, the defense will attempt to argue that the victim “contributed” by entering the motel room voluntarily or by failing to perceive danger. Colorado law does not allow this defense to bar recovery in an intentional tort case.
Our counter: We file a motion in limine to exclude any comparative fault argument before trial. If the court allows the argument, we present the irrebuttable evidence that no voluntary act by the victim can reduce the liability of a person who deliberately shot him.
The Firm: Who Will Actually Be in the Room
When you call Attorney911, you reach a live human being — not a call center, not an answering service. Within 24 hours, you will be in conversation with one of us.
Ralph Manginello has been a Texas trial lawyer for more than 27 years and has built his career in catastrophic-injury and wrongful-death cases. Before law school at South Texas College of Law Houston, Ralph was a journalist, and that instinct for finding the story buried inside the record is what he brings to every case file. He is admitted to the U.S. District Court for the Southern District of Texas and is a member of the Texas Trial Lawyers Association, the Houston Bar Association, and the Million Dollar Trial Lawyers Association. Ralph works commercial-vehicle, catastrophic-injury, and wrongful-death cases in Colorado working with local counsel under pro hac vice admission where required. You can read more about Ralph at his attorney profile page.
Lupe Peña has been a practicing attorney for more than 13 years and brings something most plaintiff lawyers do not have — years of work inside a national insurance defense firm, in the rooms where claims like yours were priced, negotiated, and denied. Lupe understands the Colossus-valuation software, the IME-doctor selection process, the surveillance protocol, and the reserve-setting strategy that the defense will use against your family. That knowledge is now deployed on your side. Lupe is fluent in Spanish — a critical asset for Colorado families whose first language is Spanish — and conducts full client consultations in Spanish without an interpreter. You can read more about Lupe at his attorney profile page.
We work on a contingency fee. No fee unless we win. The free consultation is confidential and costs you nothing.
Why a Criminal Conviction Strengthens Your Civil Case
The April 2026 conviction of Johnny Cash Kimbrough for second-degree murder and witness tampering is a powerful asset in your civil case for several reasons.
Collateral Estoppel. Under Colorado law, a criminal conviction can be used offensively in a subsequent civil case to prove the elements of the underlying intentional tort. Mr. Kimbrough cannot relitigate the question of whether he deliberately shot Mr. Mayberry. That is settled. The civil case focuses on damages and the liability of any additional defendants.
Punitive Damages. The criminal conviction establishes the willful and wanton nature of Mr. Kimbrough’s conduct as a matter of law. This strengthens the punitive damages argument.
Moral Weight. Juries in civil cases are aware of criminal convictions. While the civil judge will instruct the jury not to be influenced by the criminal case, the reality is that a convicted murderer defending against a wrongful death claim faces a credibility gap that is nearly impossible to overcome.
Settlement Leverage. Defense counsel for the motel and any other civil defendants will see the criminal conviction and recognize that the liability question is largely resolved. This concentrates the defense’s incentive on limiting damages through settlement rather than risking a jury trial.
Frequently Asked Questions
We missed the standard two-year statute of limitations on October 25, 2025. Is there any chance at all?
There may be. Colorado law recognizes equitable tolling during the pendency of a related criminal case, particularly where the civil defendant is the same person being criminally prosecuted. The criminal case here was actively pending from October 25, 2023 through the April 11, 2026 sentencing. There are also separate timing considerations for premises liability claims against the motel. This is the first thing we evaluate in every consultation. Call us immediately — do not assume the door is closed.
Can we sue the motel even though the motel did not pull the trigger?
Yes. Under the Colorado Premises Liability Act, an innkeeper owes a duty of reasonable care to its guests, which includes protection against foreseeable criminal acts of third parties. If the motel knew or should have known of foreseeable danger and failed to implement reasonable security measures, the motel can be held liable for your loved one’s death. The motel did not pull the trigger, but it may have failed in its independent duty to protect your family.
Can we sue Hunter Griswold?
Possibly, depending on what the evidence shows. If evidence indicates Ms. Griswold lured or encouraged Mr. Mayberry to come to the motel room knowing or having reason to know of the danger, she may share liability under concert-of-action or negligence theories. We do not name defendants speculatively. Our investigation will determine whether the evidence supports naming her.
What if the motel claims it had no idea this was going to happen?
Foreseeability does not require the motel to have predicted this exact shooting. It requires the motel to have taken reasonable steps to address the kinds of foreseeable dangers that an innkeeper in its position should reasonably address. Prior incidents at the property, the transient nature of the guest population, the presence of guests with known conflicts, and the general crime profile of the area all bear on foreseeability.
How long does a civil wrongful death case take in Colorado?
A typical Colorado wrongful death case that proceeds through discovery and trial takes 12 to 24 months from filing to resolution, with many cases settling in the 12–18 month range. Cases involving motel defendants and complex premises liability questions may take longer due to the scope of discovery required. We move as fast as the facts and the court allow.
What if Mr. Kimbrough has no money to pay a civil judgment?
That is often the case with incarcerated defendants, and it is why we focus on identifying every other potential defendant and every insurance policy that may provide coverage. The motel may carry a general liability policy that responds to wrongful death claims, regardless of who pulled the trigger. Umbrella policies, excess coverage, and other insurance towers can provide meaningful recovery. Mr. Kimbrough’s personal judgment also remains enforceable for any future assets he may acquire.
What does it cost to hire your firm?
We work on contingency. You pay no attorney fee unless we win. We advance the costs of investigation, expert witnesses, depositions, and trial. If we do not recover for your family, you owe us nothing. Our fee is 33.33% before trial and 40% if the case proceeds to trial. You can read more about how contingency fees work in our YouTube video on contingency fees.
My family is Spanish-speaking. Can we work with you in Spanish?
Yes. Lupe Peña conducts full client consultations in Spanish without an interpreter. Bilingual representation is not a courtesy we offer — it is built into how our firm works. Hablamos Español.
What if we cannot afford to travel to a lawyer’s office?
We work with families across Colorado remotely. We handle intake by phone, secure video, and electronic document exchange. You do not need to come to our office to retain us. We will travel to you when an in-person meeting is necessary.
Will the criminal case affect our civil case timeline?
No. The criminal case is complete. The civil case proceeds independently, governed by Colorado civil procedure and the Colorado Rules of Civil Procedure. The criminal conviction is an asset in the civil case, not a barrier to it.
Can we recover for our own grief and emotional suffering?
Yes. Under Colorado’s Wrongful Death Act, surviving family members — typically the spouse, children, and parents — can recover for their own grief, sorrow, and mental anguish. Because this case qualifies under the felonious-killing exception, there is no statutory cap on those damages.
What if the motel’s insurance company offers us a settlement quickly?
Do not accept any settlement offer before speaking with us. Early settlement offers in wrongful death cases are routinely a fraction of the case’s true value. Insurance companies know that grieving families are under financial and emotional pressure, and they exploit that pressure. We will evaluate any offer and tell you honestly whether it is fair.
What happens if the motel files for bankruptcy while our case is pending?
Bankruptcy does not necessarily end your case. If the motel files for bankruptcy after our lawsuit is filed, our claim may proceed as a creditor claim in the bankruptcy court, or we may pursue the insurance proceeds directly. We have experience navigating bankruptcy-related complications in commercial-premises cases. If the motel files for bankruptcy before our lawsuit is filed, we will adjust strategy accordingly.
How do I start?
Call us at 1-888-ATTY-911. The call is free. The consultation is confidential. We will tell you honestly what we can do and how fast we can do it.
Areas We Serve in Colorado
Attorney911 takes wrongful death and premises liability cases throughout Colorado, including La Plata County, Montezuma County, Archuleta County, La Plata County, and the broader Four Corners region. We also handle wrongful death cases involving commercial vehicle accidents, brain injuries, refinery and industrial accidents, construction accidents, offshore and maritime deaths, and toxic exposure deaths across Colorado. We also handle the companion insurance claim issues that arise in every wrongful death case. Our practice areas page lists the full scope of our work.
The Promise
If you hire us, here is what we promise.
We will not give you a sales pitch. We will give you an honest assessment.
We will not let the insurance company call the shots. We will handle every communication.
We will not delay. We will send every preservation letter, file every motion, and pursue every lead as fast as the law and the facts allow.
We will not charge you a fee unless we win. Period.
We will not forget that your loved one’s name was Quentin Mayberry, not “the victim.” He had a family. He had a future. He had a place at the table that is now empty. We will fight for him with everything we have.
Past results depend on the facts of each case and do not guarantee future outcomes.
Call 1-888-ATTY-911. Free consultation. No fee unless we win. Hablamos Español.