A Colorado husband and wife are currently in jail after allegedly keeping the third member of their “intimate” threesome dead at home for approximately 18 months in order to continue receiving his Social Security income, according to police.
The Jefferson County Sheriff’s Office has charged James David Agnew, 55, and Suzanne Ruth Agnew, 57, with one count each of tampering with a deceased human body and abuse of a corpse.
The husband has also been charged with theft by larceny over $2,000, unauthorized use of a financial transaction device over $2,000, and two counts of introducing contraband into a correctional facility. The wife is charged with two separate money-related offenses: $5,000 to $20,000 in theft and $5,000 to $20,000 in unauthorized use of a financial transaction device.
The macabre preservation of the deceased man’s remains occurred in Lakewood, a large suburban city located just west of Denver.
According to an arrest affidavit obtained by Law&Crime, the brother of James O’Neill, 62, requested that officers from the Lakewood Police Department conduct a welfare check in late June, claiming that the family had not seen him since 2019 or spoken to him since 2021.
A man exited the apartment on South Ammons Street, identifying himself as “James,” according to police. This man allegedly acknowledged his family’s inquiries but stated that he did not want to see or speak with them. Law enforcement later provided O’Neill’s brother with an image of the man they spoke with, captured on body-worn camera footage. According to police, the brother claimed that it was the wrong James.
“Robert said this is not his brother,” the affidavit reads. “Agents later were able to identify this male as James Agnew but based on the conversation he appeared to be implying that he was James O’Neill.”
So police returned to the house and spoke with the couple, but law enforcement was reportedly not permitted inside. The second conversation resulted in O’Neill being placed on a missing persons list. Police say the Agnews told conflicting stories about whether or not the “missing” man ever lived with them, eventually settling on a story in which he briefly lived there but left after meeting “some foreign woman online” several years ago.
Days later, the brother called the Agnews to discuss a “inheritance that needed to be deposited” into O’Neill’s bank account, according to the affidavit. The witness told police that the couple changed their story to make it appear as if O’Neill was still inside the house, but they refused to speak with him. Nonetheless, the brother claimed, the Agnews readily provided O’Neill’s bank account and Social Security numbers. When the couple learned that O’Neill would have to be present for the deposit, they “immediately stopped talking to him,” according to police.
These combined conversations appear to have set off alarms. The brother then decided to check O’Neill’s bank account activity using the information provided by Agnews, according to the affidavit. The deceased man’s brother discovered “regular” activity, a monthly deposit of $967 in Social Security income, a $200 overdraft, and “numerous ATM withdrawals,” according to police.
The brother then gave that information to the police.
Law enforcement continued their investigation. They then obtained surveillance footage from a 7-Eleven, where O’Neill’s debit card was used multiple times. According to the affidavit, images from the timestamped transactions show James Agnew making purchases and leaving the 7-Eleven in question.
Left to right: James Agnew is accused of using the deceased’s debit card and leaving a 7-Eleven in Colorado.
According to police, James Agnew was arrested “cooperatively” in early July on an outstanding warrant. Officers then “called in” Suzanne Agnew, telling her they wanted to talk and had a search warrant. This was apparently all that the wife needed to hear.
“She said she understood and immediately told me we would find James O’Neill’s body in the residence, indicating he was deceased,” an officer wrote in the affidavit. “I informed the other detectives and then returned to Suzanne to give her Miranda advice. Suzanne acknowledged that she understood the advice and agreed to continue speaking with me at the station. Detectives searching the residence discovered the body of a deceased male, believed to be James O’Neill.”
During her subsequent interview, Suzanne Agnew revealed that she referred to the deceased man as “Jim” and that the three had “been in a three-way relationship” for years.
“She said they’ve lived together for many years and have had an intimate relationship with the three of them involved,” according to the witness statement.
Then, in December 2023, O’Neill died. According to the affidavit, his death was most likely caused by a medical condition or drug use. The defendants are not suspected of killing him.
Suzanne Agnew allegedly admitted she was the one who initially refused to “give up” the man, and she repeatedly acknowledged “it was wrong” not to report his death, according to police.
“I asked Suzanne about when they decided to cover up his body and she said after about a week the chihuahuas began ‘chewing’ on him so she covered him with a deflated air mattress to try to keep them away,” according to the declaration.
During a separate interview, the husband allegedly admitted to using O’Neill’s debit card but claimed he had always known the PIN.
In total, law enforcement determined that the couple spent approximately $17,406 of O’Neill’s Social Security funds over 18 months.
“James had less to say about Jim’s passing but provided a similar account,” the affidavit continues. “He didn’t remember exactly when Jim died, but he recalled it and knew he was gone. He did not initially explain why the police were not contacted, but later told me that he was aware of Jim’s SSI income and that it was definitely a factor in deciding whether or not to report his death.
