A Colorado man has been sentenced to five years in prison after admitting to keeping a deceased man’s body in his apartment for approximately 18 months while continuing to collect the victim’s Social Security benefits.
James David Agnew, 56, pleaded guilty to charges of tampering with a deceased body and identity theft in Jefferson County court last week. The judge ordered both five-year sentences to run concurrently, with credit for 276 days already served in pretrial detention.
The victim, 62-year-old James O’Neill, had been living with Agnew and his wife, Suzanne Ruth Agnew, 58, in what Suzanne later described to investigators as a three-way intimate relationship that had lasted for years. The three shared an apartment in Lakewood, a suburban community west of Denver.
The discovery came after O’Neill’s brother requested a welfare check in June 2025, telling police the family had not seen the victim since 2019 and had not spoken with him since 2021. When officers arrived at the South Ammons Street apartment, a man identifying himself as “James” answered the door and claimed he did not wish to contact his family.
Body camera footage later shown to O’Neill’s brother revealed the man at the door was not O’Neill but rather James Agnew, who had apparently been impersonating the deceased. This prompted further investigation by law enforcement.
The brother’s subsequent attempt to discuss an inheritance that required O’Neill’s presence led to increasingly suspicious behavior from the couple. While they initially provided O’Neill’s bank account and Social Security numbers, they immediately ceased communication upon learning O’Neill would need to be physically present for the transaction.
Investigators obtained surveillance footage from a local 7-Eleven showing James Agnew using O’Neill’s debit card on multiple occasions. The timestamped images clearly showed Agnew making purchases and leaving the convenience store.
The case broke open in July 2025 when James Agnew was arrested on an outstanding warrant. When officers informed Suzanne Agnew they had a search warrant for the residence, she immediately disclosed that O’Neill’s body was inside the apartment.
During her police interview, Suzanne Agnew revealed that O’Neill had died in December 2023, likely from a medical condition or drug use, though the exact cause remains undetermined. Authorities have not charged the couple with causing his death.
Suzanne Agnew told investigators she initially refused to report the death and acknowledged her actions were wrong. She described disturbing details about the body’s condition, explaining that after approximately one week, the couple’s chihuahuas began disturbing the remains, prompting her to cover the body with a deflated air mattress.
James Agnew admitted during his interview to using O’Neill’s debit card, claiming he had always known the PIN. Investigators determined the couple fraudulently obtained approximately $17,406 in Social Security benefits over the 18-month period.
Prosecutors dropped five additional felony charges against James Agnew as part of the plea agreement, including abuse of a corpse, theft, attempted theft, another identity theft count, and unauthorized use of a financial device.
Suzanne Agnew has pleaded not guilty to her charges and is scheduled to appear in court on May 26 for a pretrial conference. Her case remains pending as she faces similar accusations related to the concealment of O’Neill’s death and the fraudulent collection of his benefits.
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