GOLDEN, Colo. (Nov. 2, 2026) – The related criminal cases against James and Suzanne Agnew concluded today with Suzanne Agnew’s sentencing. Both defendants received five-year prison sentences after pleading guilty to Tampering with a Deceased Human Body and Identity Theft in connection with James O’Neill’s death. James Agnew, 58, pleaded guilty in March and was sentenced in April; Suzanne Agnew, 57, pleaded guilty in June and was sentenced today. Each must also serve three years of mandatory parole.
Under the plea agreements, Counts Two through Six were dismissed, and the defendants faced sentences ranging from probation to 12 years in the Department of Corrections on Count One and up to six years on Count Seven.
At today’s hearing, Senior Deputy District Attorney Trevor Moritzky sought a prison sentence for Suzanne Agnew, describing her conduct as a calculated, 16-month course of concealment and financial exploitation. “This was not panic. This was not confusion. This was a long-term course of deception that required repeated, conscious decisions to continue the fraud and maintain the concealment,” Moritzky said. Moritzky argued that the prolonged concealment benefited the defendants financially, compromised evidence about the cause and manner of O’Neill’s death, denied him dignity, deprived his family of closure, and hindered the investigation. “This was a sustained violation of law, decency, and humanity,” Moritzky added.
In a statement to the court on behalf of O’Neill’s family, his brother asked that O’Neill be remembered as a person rather than only through the circumstances in which his remains were found. “Jim was not just a body under an air mattress. He was a man who loved, who laughed, and whose presence is deeply missed by those who truly cared for him,” he said. He added, “She did not just hide his body. She stole our chance to grieve him.”
Suzanne Agnew, who requested to appear virtually for the hearing, addressed the court, stating in part, “I deeply regret the hurt, damage, and uncertainty that my actions have caused.”
Before imposing her sentence, District Court Judge Meegan Miloud called Suzanne Agnew’s crimes “morally reprehensible.” She sentenced her to five years in the Department of Corrections on Count One and five years on Count Seven, to be served concurrently, followed by three years of mandatory parole. Suzanne Agnew, who has remained in custody since her arrest, received 465 days of presentence confinement credit.
Factual Summary:
The Agnews told prosecutors that James O’Neill died around December 3, 2023, at the South Ammons Street home he shared with James and Suzanne Agnew in Lakewood. The defendants concealed O’Neill’s body in a plastic mattress secured with tape and failed to report his death, preventing his discovery until July 2025.
At times, the defendants impersonated O’Neill in phone or email communications to make others believe he remained alive. They also accessed Social Security payments deposited into his account and used his debit card or card number to make purchases for their own benefit.
The investigation began after O’Neill’s brother requested that Lakewood Police conduct a welfare check in June 2025. At the residence, an officer spoke with a man identifying himself as “James” who said he wanted no contact with the O’Neill family. After viewing body-camera footage, O’Neill’s brother confirmed the man was not O’Neill. James and Suzanne Agnew later claimed O’Neill had moved away and they did not know his whereabouts.
After investigating financial transactions involving O’Neill’s account, police executed a search of the residence and found his remains beneath a deflated air mattress.
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