Lisa Wabel, Et Al., v. Megan Hess, Et Al.

DISTRICT COURT, MONTROSE COUNTY, COLORADO
Court Address: 1200 N. Grand Ave.

Montrose, CO 81401
DATE FILED: June 30, 2019 3:26 PM

Plaintiffs: LISA WABEL, surviving daughter of Donald FILING D. ID: 881AADBDF513E
Handardt; TERESA GILLIAM, surviving wife of Jerry L. Gilliam CASE NUMBER: 2019CV30071
Sr.; ELLIE YOUNG, surviving daughter of Roy C. Englebretsen;
THERESA RICE, surviving sister of Steven Rice; DAN HUISJEN,
surviving father of John Huisjen; LISA HUISJEN, surviving mother
of John Huisjen; KEVIN MCGRATH, surviving son of Sally
Aime; KAREN ANDERSON, surviving wife of Larry L. Anderson;
CHESTINA BLEWS, surviving daughter of Larry L. Anderson;
JULIE GOWER, surviving wife of Robert K. Gower; JIMMY ▲ COURT USE ONLY ▲
QUINTANA, surviving husband of Penny Quintana; WAYNE
SIMPSON, surviving husband of Gloria Simpson; LONDA
SESSOMS, surviving daughter of Lloyd Norlin; GLENDA
ALLEN, surviving daughter of Sylvia Allen; MICHAEL ALLEN,
surviving son of Sylvia Allen; MARIA ABACHICHE, surviving
sister of Jorge A. Tarango; FILIBERTO ABACHICHE, surviving
brother-in-law of Jorge A. Tarango; RICK D’AMBROSIO,
surviving son of Dorothy Mae D’Ambrosio; ROBERT BARNES,
surviving son of Stanley J. Barnes; CONNIE BURCH, surviving
daughter of Joylene Carter; CYNTHIA FALLS, surviving daughter
of Raymond Lowrance; TRUDY FULLER, surviving wife of
Garland Fuller; JONI GORMAN, surviving mother of Steven
Smythe; THOMAS GORMAN, surviving father of Steven Smythe;
DEBBIE GREENLEE, surviving daughter of Kathleen Dent;
DAWN REHR, surviving daughter of Kathleen Dent; HOWARD
HOLGATE, surviving son of Shirley Holgate; JOANNE LOWE,
surviving wife of James T. Lowe; DAVID LYONS, surviving son
of Anna Lyons; BRENDA LYONS, surviving daughter-in-law of
Anna Lyons; SHARON MAIN, surviving sister of Lora Lee
Johnson; SCOTT SCHROEDER, surviving son of Jerome J.
Schroeder; PATRICK HALLACY, surviving son of Debra Kingery
and surviving nephew of Beverly Christon; CINDY SCOTT,
surviving sister of Debra Kingery and Beverly Christon; WENDY
SHULL, surviving wife of Sherman Shull; ARLENE
ZWIEFELHOFER, surviving wife of Robert Zwiefelhofer.
v.
Defendants: MEGAN M. HESS, as an individual and as alter-ego

and trustee of PEYTON HESS TRUST; SUNSET MESA
FUNERAL FOUNDATION, INC., a Colorado nonprofit
corporation d/b/a Sunset Mesa Funeral Directors, Donor Services,
Colorado Cremation Inc., and Signature Events & Floral; SHIRLEY
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KOCH, an individual; ALAN KOCH, as an individual and as alter-
ego of freight transportation entity of unknown legal name and form;
THOMAS CANFIELD, M.D., as an individual and in his official
capacity as the Coroner of Montrose County; RETREIVER
FREIGHT SERVICES, LLC, a Colorado limited liability company;
HOPEWEST a Colorado nonprofit corporation; AXOGEN
CORPORATION, a Delaware corporation; M.D. GLOBAL, LLC, a
Colorado limited liability company; SOUTHWEST INSTITUTE
FOR BIO-ADVANCEMENT, an Arizona limited liability
company; INNOVED INSTITUTE, LLC, a Delaware limited
liability company; AMERICAN PLASTINATION COMPANY, a
Michigan corporation; MESA FUNERAL SERVICE, LLC, a
Colorado limited liability company; GLOBAL ANATOMY
PROJECT, LLC, a Michigan limited liability company;
MEDCURE, INC, an Oregon corporation; DOES 1-20; BODY-
USER DOES 21-30.
Attorneys for Plaintiffs: Case Number:
David K. TeSelle, Reg. No. 29648
Michael S. Burg, Reg. No. 7143
Holly B. Kammerer, Reg. No. 21752
Dan Ernst, Reg. No. 53438
Burg Simpson Eldredge Hersh & Jardine, P.C.
40 Inverness Drive East
Englewood, Colorado 80112
Telephone: (303) 792-5595
Facsimile: (303) 708-0527
E-Mail: dteselle@burgsimpson.com
E-Mail: mburg@burgsimpson.com
E-Mail: hkammerer@burgsimpson.com
E-Mail: dernst@burgsimpson.com
COMPLAINT AND JURY DEMAND
Plaintiffs, by and through their attorneys Burg Simpson Eldredge Hersh & Jardine, P.C., submit
their Complaint and Jury Demand against Defendants and state as follows:
INTRODUCTION AND GENERAL ALLEGATIONS
1. This case concerns a criminal enterprise and civil conspiracy of persons and entities
engaged in, facilitating and profiting from a heinous fraud committed upon bereaved families. Grieving
mothers, fathers, daughters, spouses and kin are lied to in order to take possession of the bodies of their
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recently deceased loved-ones, promised dignified cremation services in exchange for payment and then—
without consent and often against the families’ explicit wishes—the deceased are dismembered, carved
up and sold piecemeal for profit. After the deceased are dissected and sold off in parts, the mourning
families are returned urns filled with sand, concrete and cat litter among other materials masquerading as
their loved-ones’ “cremains”.
2. The bereaved are preyed upon, the deceased are desecrated, and grieving families are left
shocked, outraged, betrayed and without peace or knowledge of what has become of their loved-ones.
3. At the center of this conspiracy is MEGAN M. HESS (“HESS”) and SUNSET MESA
FUNERAL FOUNDATION, INC. (“SUNSET MESA”), the “non-profit” corporation through which
HESS operated both a funeral home (“Sunset Mesa Funeral Home”) and a body donation business
(“Donor Services”) out of the same location in Montrose, Colorado. HESS’ operation appears to be the
only place in the United States where both a funeral home and a body donation business are run out of the
same location and under the same ownership.
4. As the owner and operator of Sunset Mesa Funeral Home, HESS contracted to perform
cremations and offered bereaved families the opportunity to memorialize their loved-ones in ceremonies
at her memorial garden, where their ashes could be spread in a picturesque setting near a lake.
5. In Plaintiffs’ cases, however, once their deceased family members were transferred to
Sunset Mesa Funeral Home, HESS did not perform the promised cremations. Instead, HESS took their
cadavers to a back-room at the funeral parlor where her mother SHIRLEY KOCH would dismember their
corpses using a power saw, stack the pieces in coolers and, when there wasn’t enough room, in the back
of a flower refrigerator.
6. After this crude dissection, the deceased’s head, legs, arms, pelvis, torso or whole-body
would then be prepared for sale by HESS’ father ALAN KOCH and shipped for profit to companies
including SOUTHWEST INSTITUTE FOR BIO-ADVANCEMENT (“SWIBA”), INNOVED

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INSTITUTE, LLC (“INNOVED”), AXOGEN CORPORATION (“AXOGEN”), M.D. GLOBAL, LLC
(“M.D. GLOBAL”), AMERICAN PLASTINATION COMPANY (“AMERICAN PLASTINATION”),
GLOBAL ANATOMY PROJECT (“GAP”), MEDCURE, INC. (“MEDCURE”) and currently unknown
other DOES (collectively “BODY-BUYER DEFENDANTS”). Plaintiffs will amend this Complaint to
name DOES as their identities become known through the course of discovery.
7. Each and all of the herein Plaintiffs were informed by the Federal Bureau of Investigation
(“FBI”) that their loved-ones had not, in fact, been cremated, but rather their bodies and/or body-parts had
been sold to BODY-BUYER DEFENDANTS.
8. Colorado’s Revised Uniform Anatomical Gift Act (“UAGA”), at C.R.S. § 15-19-210
(2017), requires that consent for anatomical donations be documented. In each of Plaintiffs’ cases, there
were no consent documents as required by law and custom in the industry – because there was no consent
to donation. Yet, BODY-BUYER DEFENDANTS took possession of the bodies and body-parts of
Plaintiffs’ loved-ones, often at suspiciously discounted prices, without confirming that these bodies were
lawfully and ethically donated and UAGA compliant.
9. BODY-BUYER DEFENDANTS purchased bodies and body-parts from HESS either for
their own purposes or to rent and sell to other entities, BODY-USER DOES, for various uses (e.g., testing
the corrosive effects of potential products, teaching surgical procedures, explosives testing). Plaintiffs will
amend this Complaint to name BODY-USER DOES as their identities become known in the course of
discovery.
10. On information and belief, RETRIEVER FREIGHT SERVICES, LLC (“RETRIEVER”)
contracted with ALAN KOCH and/or Donor Services to ship bodies and body-parts to the BODY-
BUYER DEFENDANTS. On information and belief at all relevant times ALAN KOCH owned and
operated a freight-shipping company contracting with Donor Services that shipped the bodies and body
parts of Plaintiffs’ loved-ones to the BODY-BUYER DEFENDANTS.

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11. On information and belief, RETRIEVER knew, acted in reckless disregard or should have
known that the bodies and body-parts being shipped by SUNSET MESA were being trafficked without
legally required consent documents. Yet RETRIEVER continued to do business with Donor Services,
ALAN KOCH and HESS and profit from that business.
12. Donor Services’ price list offered torsos for $1,000, a pelvis (with upper legs) for $1,200,
heads for $500, $250 for a knee and $125 for a foot. These prices advertised by HESS and Donor Services
were arrestingly below market prices. Biological Resource Center, a multi-million dollar operation that
was in possession of 10 tons of bodies and parts when it was raided by the FBI, was charging $3,191 for
a torso, $700 for a pair of legs, and $5,893 for a whole body.
13. On information and belief, BODY-BUYER DEFENDANTS knew, acted in reckless
disregard or should have known, that the bodies and body-parts HESS and Donor Services were selling
were being trafficked illegally without the consent documents that are industry standard and required by
statute. Yet BODY-BUYER DEFENDANTS continued to do business with HESS and Donor Services
and profit from that business.
14. On information and belief, BODY-USER DOES knew, acted in reckless disregard or
should have known, that the bodies and body-parts BODY-BUYER DEFENDANTS were selling and
renting were being trafficked illegally without the consent documents that are industry standard and
required by statute. Yet BODY-USER DOES continued to do business with BODY-BUYER
DEFENDANTS and profit from that business.
15. HESS bragged to her employees at Signature Events & Floral that she was making $40,000
per month selling bodies and body-parts. SHIRLEY KOCH bragged that gold crowns she pried off
cadavers financed a family trip to Disneyland.
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16. To cover their tracks, HESS, SHIRLEY KOCH, ALAN KOCH and SUNSET MESA
provided mourning families with “cremains” composed of dry cement, cat litter and other materials. In
some cases, they provided families cremains of people other than those of their loved-ones.
17. THOMAS CANFIELD, M.D. (“CANFIELD”), is and at all relevant times was, the
Montrose County Coroner. CANFIELD was frequently present at the Sunset Mesa Funeral Home, often
several times each week, while the on-going fraud and outrageous conduct described above was occurring
at the Sunset Mesa Funeral Home.
18. On information and belief, CANFIELD participated in, aided and abetted, knew acted in
reckless disregard or should have known that an ongoing conspiracy at Sunset Mesa funeral home was
taking place to fraudulently acquire and illegally traffic bodies and body-parts without the knowledge or
consent of decedents or their families.
19. In May 2016, CANFIELD was informed with reliable evidence that HESS had been
providing bereaved families with “ashes” composed of materials other than the cremains of their loved-
ones. Yet, CANFIELD continued to direct bodies and bereaved families to SUNSET MESA.
20. On information and belief, in most Colorado Counties the Office of the County Coroner
only gets involved in instances of death when the cause of death requires investigation (“Coroner’s
Cases”).
21. On information and belief, in Montrose County, by contrast to most Colorado counties and
at CANFIELD’s direction, the Office of the Coroner requires that local hospitals, hospice facilities and
nursing homes alert the Coroner in every instance of death.
22. Once the Coroner’s office is notified of a death, the Coroner has statutory and regulatory
powers which allow the Coroner to influence or determine which funeral home will provide funeral
services for the deceased.
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23. On information and belief, CANFIELD set this policy requiring the involvement of the
Coroner’s Office in every instance of death so that he could ensure a steady supply of bodies to HESS and
SUNSET MESA.
24. On information and belief, in most Colorado Counties, the Coroner’s Office uses its own
employees to transport the deceased from the death-scene when there is a Coroner’s Case.
25. In Montrose County, by contrast, CANFIELD allowed HESS and SUNSET MESA
employees to provide transport of the deceased in Coroner’s Cases.
26. On information and belief, CANFIELD directed this policy of allowing SUNSET MESA
to provide such transport in order to ensure that HESS and SUNSET MESA would be the first funeral
home to make contact with the bereaved, and thus obtain their business.
27. In some of herein Plaintiffs’ cases, CANFIELD arranged for HESS and SUNSET MESA
to provide transportation of their loved-ones’ bodies for the Coroner’s office, thereby ensuring that
SUNSET MESA’s was the first funeral home to contact Plaintiffs.
28. On information and belief, CANFIELD purposefully directed all, or nearly all, deaths over
which the Office of the Montrose County Coroner had jurisdiction to HESS and Sunset Mesa.
29. On information and belief, the Montrose County Coroner’s Office is responsible for
approximately 150 Coroner’s cases per year. On information and belief, CANFIELD directed all, or nearly
all, Coroner’s cases to Sunset Mesa.
30. In October 2017, local and national media exposed HESS, SHIRLEY KOCH, ALAN
KOCH and SUNSET MESA as perpetrating the outrageous and fraudulent conduct described above,
accusing these Defendants of pretending to perform cremations while selling bodies and body-parts for
profit. Rather than conduct an investigation, CANFIELD continued to direct Coroner’s Cases and
bereaved families to HESS and SUNSET MESA up until the day Sunset Mesa Funeral Home was forcibly
closed by State authorities on February 12, 2018.

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31. On information and belief, CANFIELD purposefully directed the deceased and their
families to HESS and SUNSET MESA for his own financial gain.
32. HOPEWEST is a Colorado nonprofit corporation that provides hospice services in and
around Montrose County.
33. In some of herein Plaintiffs’ cases, HOPEWEST recommended SUNSET MESA’s
cremation services to Plaintiffs, and as a result of their reasonable reliance on HOPEWEST’s
recommendation, Plaintiffs’ loved-ones were transferred to SUNSET MESA.
34. On information and belief, HOPEWEST participated in, aided and abetted, knew, acted in
reckless disregard or should have known that an ongoing conspiracy was taking place to fraudulently
acquire and illegally traffic bodies and body-parts at Sunset Mesa Funeral Home.
35. On information and belief HOPEWEST and/or its employees directed decedents and their
families to HESS and SUNSET MESA for their own gain.
36. MESA FUNERAL SERVICE, LLC (“MESA” or “MESA FUNERAL SERVICE”)
contracted with four of the Plaintiffs herein to perform cremation of their loved-one. MESA did not
perform the contracted-for cremation, but rather transferred Plaintiffs’ loved-one’s body to SUNSET
MESA.
37. On information and belief, MESA participated in, aided and abetted, knew, acted in
reckless disregard or should have known that an ongoing conspiracy was taking place to fraudulently
acquire and illegally traffic bodies and body-parts at Sunset Mesa Funeral Home. Yet, MESA continued
to do business with SUNSET MESA and they profited from this business.
38. On February 6, 2018, the FBI raided Sunset Mesa funeral home.
39. On February 12, 2018, the Colorado Department of Regulatory Agencies (“DORA”) issued
an Order summarily shutting down Sunset Mesa Funeral Home.
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40. On August 7, 2018, DORA issued a Stipulation and Final Agency Order finding that Sunset
Mesa Funeral Directors (one of SUNSET MESA’s trade names) was guilty of:
a. Returning cremains composed of concrete to decedent JE’s next-of-kin in February 2014;
b. Returning cremains composed of concrete to decedent FC’s next-of-kin in March 2015;
c. Returning cremains found to weigh less than expected for decedent GH’s height and weight
in May 2017;
d. Maintaining bags of dry concrete/cement at the funeral home;
e. Failing to maintain required cremation records at the funeral home.
41. In all of the herein Plaintiffs’ cases, FBI agents contacted Plaintiffs to inform them that
the bodies of their loved-ones (or parts of their bodies) were sold by HESS and SUNSET MESA rather
than cremated.
42. The FBI has been able to identify some of the buyers: SWIBA, INNOVED, M.D.
GLOBAL, AXOGEN, AMERICAN PLASTINATION, GAP and MEDCURE.
43. In most of Plaintiffs’ cases, however, the identity of the buyers have yet to be discovered
and the provenance of their loved-ones remain unknown.
44. Plaintiffs contracted with HESS and SUNSET MESA to have their loved-ones cremated.
Neither the deceased, nor these Plaintiffs, ever consented to anatomical donations, consequently, there
are no documents of anatomical gift as required by law.
45. On information and belief, the BODY-BUYER DEFENDANTS who procured bodies
and body parts from HESS and SUNSET MESA participated in, aided and abetted, knew, acted in
reckless disregard or should have known that the bodies and body parts they were purchasing had not
been donated with consent of the deceased or the bereaved. And yet, they continued to do business with
HESS and SUNSET MESA and profit from that business.
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46. On information and belief, the BODY-USER DOES who procured the bodies and body
parts of Plaintiffs’ loved-ones from BODY-BUYER DEFENDANTS participated in, aided and abetted,
knew, acted in reckless disregard or should have known that the bodies and body parts they were
procuring had not been donated with consent of the deceased or the bereaved. And yet, they procured
said bodies and body-parts and profited from those procurements.
47. Plaintiffs, will name currently unknown Defendants to this action once they discover the
identities of the individuals and entities who procured their loved-ones’ bodies and body parts or otherwise
conspired with, aided, abetted, encouraged or incited HESS’s illegal and reprehensible scheme.
48. Plaintiffs, and each of them, did not discover, and could in no way have discovered the
existence of their claims until the FBI contacted them to inform them that their loved-ones’ remains were
sold rather than cremated.
DEFENDANTS
49. All of the foregoing allegations are hereby incorporated by reference.
50. Defendant MEGAN M. HESS (variously “MEGAN HESS” and “HESS”) is a natural
person and, on information and belief, resides in Montrose County, Colorado.
51. Defendant SUNSET MESA FUNERAL FOUNDATION, INC. (“SUNSET MESA”) d/b/a
Sunset Mesa Funeral Directors, Donor Services, Colorado Cremation Inc., and Signature Events & Floral,
is a Colorado nonprofit corporation licensed and organized under the laws of Colorado. SUNSET MESA’s
principal place of business is located at 155 Merchant Drive, Montrose, Colorado 81401. SUNSET
MESA’s registered agent MEGAN HESS is located at 155 Merchant Drive, Montrose, Colorado 81401.
52. Defendant SHIRLEY KOCH is a natural person and, on information and belief, resides in
Montrose County, Colorado.
53. Defendant ALAN KOCH is a natural person and, on information and belief, resides in
Montrose County, Colorado.

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54. Defendant ALAN KOCH is also, on information and belief, the alter-ego of a freight
transportation entity doing business in Colorado.
55. Defendant THOMAS M. CANFIELD, M.D. (“CANFIELD”) is a natural person and, on
information and belief, resides in Montrose County, Colorado. At all relevant times, CANFIELD served
as the Montrose County Coroner.
56. Defendant MESA FUNERAL SERVICE, LLC (“MESA” or “MESA FUNERAL
SERVICE”) is a Colorado limited liability company licensed and organized under the laws of Colorado.
MESA’S principal place of business is 2825 North Avenue, Grand Junction, CO 81501. MESA’S
registered agent Rhonda Nelson is located at PO Box 40242, Grand Junction, CO 81504.
57. Defendant HOPEWEST (“HOPE WEST”) is a Colorado nonprofit corporation licensed
and organized under the laws of Colorado. HOPEWEST’s principal place of business is 3090 North 12th
Street #B, Grand Junction, Colorado 81506. HOPEWEST’s registered agent Christy Whitney is located
at 3090 North 12th Street #B, Grand Junction, Colorado 81506.
58. Defendant RETRIEVER FREIGHT SERVICES, LLC (“RETRIEVER”) is a Colorado
limited liability company. RETRIEVER’S principal place of business is 2799 Winters Avenue, Grand
Junction, Colorado 81501. RETRIEVER’s registered agent Tomas Smith is located at 2799 Winters
Avenue, Grand Junction, Colorado 81501.
59. Defendant SOUTHWEST INSTITUE FOR BIO-ADVANCEDMENT (“SWIBA”) is an
Arizona limited liability company licensed and organized under the laws of Arizona. SWIBA’s principal
place of business is located at 4541 S. Butterfield Drive, Tucson, Arizona 85714. SWIBA’s registered
agent Matt Marcotte is located at 120 S. Houghton Road #138-166, Tucson, Arizona 85748.
60. Defendant INNOVED INSTITUTE, LLC (“INNOVED”) is a Delaware limited liability
company. INNOVED’s principal place of business is 1275 Brummel Avenue, Elk Grove, Illinois 60007.
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INNOVED’s registered agent Gregory Paulos is located at 1114 W. Columbia Avenue, Chicago, Illinois
60626.
61. Defendant M.D. GLOBAL, LLC (“M.D. GLOBAL”) is a Colorado limited liability
company licensed and organized under the laws of Colorado. M.D. GLOBAL’s principal place of business
is 15600 E. 19th Avenue, Aurora, Colorado 80011. M.D. GLOBAL’s registered agent Larissa Phorily is
located at 15600 E. 19th Place, Aurora, Colorado 80011.
62. Defendant AXOGEN CORPORATION (“AXOGEN”) is a Delaware corporation.
AXOGEN’s principal place of business is 13859 Progress Blvd., Alachua, Florida 32615. AXOGEN’s
registered agent David Hansen is located at 13631 Progress Blvd., Suite 400, Alachua, Florida 32615.
63. Defendant AMERICAN PLASTINATION COMPANY (“AMERICAN
PLASTINATION”) is a Michigan corporation. Its principal place of business is 2851 Ridge Run Road
Traverse City, Michigan 49686. Its registered agent Daniel P. Corcoran is located at 2851 Ridge Run
Road, Traverse City, Michigan 49686.
64. Defendant GLOBAL ANATOMY PROJECT, LLC (“GAP” or “GLOBAL ANATOMY
PROJECT”) is a Michigan limited liability company. GAP’S principal place of business is 5595
Hampshire Lane, Ypsilanti, Michigan, 48197. Its registered agent Khalid Raoof is located at 5595
Hampshire Lane, Ypsilanti, Michigan 48197.
65. Defendant MEDCURE, INC. (“MEDCURE”) is an Oregon corporation. Its principal place
of business is 18111 NE Sandy Blvd, Portland, Oregon 97230. MEDCURE’S register agent, Jeffrey
Edelson is located at 1211 SW 5th Avenue, Ste. 3000, Portland, Oregon 97204.
66. Plaintiffs are currently unaware of the true names and identities of many of the individuals
and businesses who purchased bodies and body parts, or otherwise conspired with, aided and abetted,
encouraged or incited the illegal and reprehensible scheme for the sale of bodies and body-parts described
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herein. At such time as Plaintiffs learn the true names and identities of these individuals and business
entities, they will amend their pleading to sue them in their true names.
JURISDICTION AND VENUE
68. This Court has subject matter jurisdiction pursuant to Article VI of the Constitution of the
State of Colorado as the court of plenary jurisdiction in the State of Colorado.
69. This Court has personal jurisdiction over each party to this action, either because such
individual or entity is a citizen of the State of Colorado, or because Plaintiffs’ claims arise out of
Defendants’ transaction of business within the state of Colorado or Defendants’ commission of tortious
acts within the state of Colorado. C.R.S. § 13-1-124.
70. This Court has personal jurisdiction over Defendants, and each of them, because
Defendants, and each of them, have (a) purposefully availed themselves of the benefits and privileges of
the laws of this State by conducting business in Colorado or have purposefully directed activity to this
State, (b) the herein claims against each Defendant are related to or arise out of the business each did in
Colorado or the activities each directed to Colorado, and (c) maintaining this suit against these Defendants,
and each of them, in this Court is reasonable and fair.
71. In particular, as supported by the detailed factual allegations herein, Plaintiffs were
informed by the FBI that Defendants SWIBA, INNOVED, M.D. GLOBAL, AXOGEN, AMERICAN
PLASTINATION, GAP, MEDCURE and other yet-to-be-identified entities (“BODY-BUYER DOES” or
“DOES”) entered into purchase agreements with HESS and SUNSET MESA for the bodies and body-
parts of their loved-ones (collectively “BODY-BUYER DEFENDANTS”). Plaintiffs’ claims against
these BODY-BUYER DEFENDANTS, and each of them, arise out of and relate to these purchase
agreements conducted in the State of Colorado. It is reasonable for these BODY-BUYER DEFENDANTS
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to be haled into this Court to defend the conduct they directed at this State in order to procure the bodies
and body-parts of its residents.
72. Plaintiffs further allege that BODY-USER DOES entered into agreements to rent or
purchase their loved-ones’ bodies and body-parts from BODY-BUYER DEFENDANTS. In conducting
such transactions to procure their loved-ones’ bodies and body-parts, these BODY-USER DOES
purposefully directed activity to this jurisdiction and at the residents and citizens of this State. It is
therefore reasonable for these Defendants to be haled into this Court to defend the herein claims against
them.
73. The Plaintiffs have provided CANFIELD, the Montrose County Coroner’s Office and all
required Colorado State agencies timely and proper Governmental Immunity Act notices of the herein
claims pursuant to C.R.S. § 24-10-109.
74. Venue is proper in Montrose County, Colorado, pursuant to C.R.C.P. 98(c) because
Defendants, and each of them, conducted business in Montrose County, reside or have a registered agent
in Montrose County, or have caused a substantial part of the conduct giving rise to the claims asserted
herein to occur in Montrose County.
PLAINTIFFS AND SPECIFIC ALLEGATIONS
76. Plaintiff LISA WABEL is the surviving daughter of Donald D. Hanhardt, deceased.
Plaintiff is, and at all relevant times was, a resident of Colorado, Mesa County. Donald passed away on
June 18, 2013 at Montrose Memorial Hospital. HOPEWEST, provided care for Donald during his last
days. HOPEWEST recommended SUNSET MESA to Donald’s family when it was time to make final
arrangements. HESS retrieved Donald’s body from the hospital to transport it to SUNSET MESA for
cremation. The purported cremation took place and the family was able to retrieve the cremains quickly.
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77. In February of 2019, however, Lisa spoke with an FBI agent who informed her that her
father’s arms, shoulders and legs had been sold to SWIBA. Donald’s torso and head were sold to Southern
Nevada Donor Services, a now defunct operation. The FBI agent also explained that it was difficult to
locate all of her father’s body parts as they had been comingled with others victims’ bodies and body-
parts. Lisa finds herself battling depression and all-consuming grief. She rarely sleeps and lives in a state
of constant stress and anxiety. Losing her father was a tragedy that impacted her deeply. The news of her
father’s body being cut up and sold for profit has caused her severe feelings of guilt and anger.
Defendants’ actions stole from Lisa the cherished memories of her father and still overshadow her memory
of their final good-byes. Now all she is left with are vivid visions and anxieties as to what became of her
father’s body. As a direct and proximate result of Defendants’ actions, Plaintiff has suffered and will
continue to suffer severe emotional distress, mental anguish, nervous shock, humiliation, anger, anxiety,
physical injuries, economic damages and property loss.
78. Plaintiff TERESA GILLIAM is the surviving spouse and former caretaker of Jerry L.
Gilliam, Sr. Ms. Gilliam is, and at all relevant times was, a resident of Montrose County, Colorado. Jerry
L. Gilliam, Sr. passed away at home on November 23, 2017. Jerry had made arrangements for his
cremation at SUNSET MESA prior to his passing. When HESS arrived to retrieve Jerry’s body for
transport to SUNSET MESA, she did not bring a gurney and Teresa had to assist in carrying Jerry’s body
to HESS’ vehicle. Teresa paid the balance due at the time she retrieved what HESS represented were
Jerry’s cremains.
79. In July of 2018, however, an FBI agent met with Teresa to inform her that what were
purported to be Jerry’s cremains were not in fact his remains. The FBI discovered that Jerry’s body had
not been cremated, and the purported “cremains” returned to Teresa were composed of dry cement, animal
remains, zippers, screws, a tooth with a crown (Jerry had dentures) and rivets from blue-jeans. The FBI
had discovered that Jerry’s head and torso had been sold by HESS to unspecified BODY-BUYER
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DEFENDANTS. The FBI Agent, Mr. John Busch, then further explained that it was impossible at this
time to account for Jerry’s limbs because the SUNSET MESA facility was strewn with five gallon buckets
full of arms and legs without any identification as to which bodies they belonged to. As a direct and
proximate result of Defendants’ actions, Plaintiff has suffered and will continue to suffer severe emotional
distress, mental anguish, nervous shock, humiliation, anger, anxiety, physical injuries, economic damages
and property loss.
80. Plaintiff ELLIE YOUNG is the surviving daughter of Roy C. Englebretsen, deceased.
Plaintiff is and at all relevant times was, a resident of Colorado, Montrose County. Roy passed away on
April 3, 2016, at his home while under the care of HOPEWEST hospice. The family ultimately chose
SUNSET MESA over other local funeral homes as it was more tailored to cremation and it was Roy’s
final wish to be cremated. What’s more, Roy wanted his cremains placed in an urn that held his late wife’s
ashes. SHIRLEY KOCH and ALAN KOCH retrieved Roy’s body to transport it to SUNSET MESA for
cremation. Roy’s purported cremains were picked up at SUNSET MESA and placed in the urn that held
the ashes of Roy’s beloved wife.
81. However, in October of 2018, Ellie received a call from the FBI and was informed that
Roy had not in fact been cremated. Instead, Roy’s head, spine, legs (knees to toes) and arms (elbows to
finger-tips) had been sold to unknown BODY-BUYER DEFENDANTS. As a direct and proximate result
of Defendants’ actions, Plaintiff has suffered and will continue to suffer severe emotional distress, mental
anguish, nervous shock, humiliation, anger, anxiety, physical injuries, economic damages and property
loss.
82. Plaintiff TERESA RICE is the surviving sister of Steven Rice, deceased. Plaintiff is, and
at all relevant times was, a resident of Douglas County, Colorado. Steven passed away at home on
September 21, 2015. His body was transported to SUNSET MESA without his family’s consent.
Montrose County Coroner Thomas CANFIELD was present at the death-scene and, on information and
16
belief, arranged for the transfer of Steven’s body to SUNSET MESA. Teresa and her sister met with
MEGAN HESS at the Sunset Mesa funeral home and requested that Steven be cremated. It was understood
that the federal Department of Veterans’ Affairs was going to cover the expense of Steven’s cremation.
Thus, the family was surprised to receive an $800.00 bill from SUNSET MESA for the purported
cremation of Steven. When the family told MEGAN HESS that they could not afford to pay for the
cremation, HESS refused to turn over her brother’s cremains until she was paid.
83. In July of 2018, Teresa and her family were contacted by FBI agents who informed them
Steven had not in fact been cremated. Instead, Steven’s head and torso had been sawed off his cadaver
and sold by SUNSET MESA to unidentified buyers. As a direct and proximate result of Defendants’
actions, Plaintiff has suffered and will continue to suffer severe emotional distress, mental anguish,
nervous shock, humiliation, anger, anxiety, physical injuries, economic damages and property loss.
84. Plaintiffs DAN HUISJEN and LISA HUISJEN are the surviving parents of John Huisjen,
deceased. Plaintiffs are, and at all relevant times were, residents of Montrose County, Colorado. Lisa and
Dan’s son, John, died after being struck by lightning while mountain-biking outside of Telluride,
Colorado. John’s body was sent to SUNSET MESA for cremation without either Lisa or Dan’s having
selected the Sunset Mesa funeral home. HESS asked Plaintiffs if they would consent to donation of their
son’s body, and Dan and Lisa explicitly refused HESS’ overture. Plaintiffs both recall HESS’ odd
comments as to how nice John’s legs were.
85. In July of 2018, the FBI contacted Plaintiffs to inform them that their son’s body had not
been cremated, but rather that his body had been dismembered and its parts sold piecemeal to unknown
BODY-BUYER DEFENDANTS. Plaintiffs had been living with what they believed were John’s ashes,
kept in a small pot made by John’s Grandfather, in their home. Dan and Lisa had been making
arrangements with family and close friends to spread John’s ashes in various locations, as it was never
John’s nature to stay in one place. Those plans came to a terrible halt once Plaintiffs received this news
17
from the FBI. Dan, Lisa and John’s brother Chris have been forced to suffer their terrible loss all over
again. They have been stripped of their ability to grieve properly and healthfully. Plaintiffs have
expressed despair that their family will ever be the same. As a direct and proximate result of Defendants’
actions, Plaintiffs have suffered and will continue to suffer severe emotional distress, mental anguish,
86. Plaintiff JULIE GOWER is the surviving wife of Robert Kevin Gower. Plaintiff is, and at
all relevant times was, a resident of Colorado, Montrose County. Robert died at home of a sudden heart
attack. Montrose County Coroner, Thomas CANFIELD responded to the death-scene. Prior to his passing
Robert was on a medication that had the potential to cause severe blood pressure issues. Because of this,
Julie asked CANFIELD if he would perform an autopsy, but CANFIELD refused. Plaintiff retrieved
Robert’s purported cremains from SUNSET MESA.
87. In July of 2018, the FBI informed Julie that they had her husband’s head in evidence. The
FBI has since requested dental records to make a positive identification. Julie was further informed by
the FBI that her husband’s body, minus his head, had been sold to INNOVED and that they would not be
able to recover any portion of his body because it had been used up and disposed of as medical waste.
Kevin passed away right in front of his wife Julie. This in itself was a severe trauma. Now, after this news
from the FBI, Julie’s nightmares regarding Kevin’s death have begun all over again. As a result of what
Defendants did to Kevin’s remains, Julie suffers from depression and sleepless nights. As a direct and
and property loss.
88. Plaintiff KEVIN MCGRATH is the surviving son of Sally Aime, deceased. Sally passed
away on January 1, 2016, at Delta County Memorial Hospital. Sally had made an arrangement for her
cremation with SUNSET MESA prior to her death. Plaintiff retrieved what were purported to be his
18
mother’s cremains from SUNSET MESA on January 11, 2016. Sally’s final request was that her cremains
be swept up by the wind so that she could “soar like and eagle.” Plaintiff thought he was complying with
his mother’s final wishes in performing the ceremony Sally requested.
89. However, in July of 2018, the FBI informed Kevin that his mother’s body had not been
cremated at all, but rather that her entire body had been sold and shipped by SUNSET MESA to
AMERICAN PLASTINATION for use and rental to various and unspecified BODY-USER DOES. As a
direct and proximate result of Defendants’ actions, Plaintiff has suffered and will continue to suffer severe
emotional distress, mental anguish, nervous shock, humiliation, anger, anxiety, physical injuries,
economic damages and property loss.
90. Plaintiff KAREN ANDERSON is the surviving wife and Plaintiff CHESTINA BLEWS is
the surviving daughter of Larry L. Anderson, deceased. Karen and Chestina are, and at all relevant times
were, residents of Colorado, Mesa County. Larry passed away suddenly from cardiac arrest on December
6, 2013. Larry’s body was transported to the Mesa County Coroner’s Office by paramedics. Karen and
Chestina selected Mesa Funeral Service, LLC in Grand Junction to perform Larry’s cremation. MESA
contracted out the cremation to SUNSET MESA. Karen and Chestina retrieved Larry’s purported
cremains from MESA.
91. In December of 2018, the FBI informed Karen and Chestina that Larry’s body was not
cremated at all, but rather embalmed and sold to unspecified BODY-BUYER DEFENDANTS. Since
receiving this news from the FBI, Karen has suffered from sleeplessness and severe anxiety. Chestina
still agonizes over what has become of Larry’s body-parts. They have both been stripped of the closure
they once felt and fear they will never discover what actually happened to Larry nor ever feel at rest.
Karen suffers from severe guilt for not fulfilling Larry’s final wishes. Plaintiffs despair at ever getting
over what has been done to their family. As a direct and proximate result of Defendants’ actions, Plaintiffs
19
have suffered and will continue to suffer severe emotional distress, mental anguish, nervous shock,
humiliation, anger, anxiety, physical injuries, economic damages and property loss.
92. Plaintiff JIMMY QUINTANA is the surviving husband of Penny A. Quintana, deceased.
Plaintiff is a resident of California, Los Angeles County. Penny passed away at San Juan Living Center,
Montrose Colorado on June 16, 2015. Jimmy chose SUNSET MESA because they were local. HESS
retrieved Penny’s body for transport to SUNSET MESA in order to perform the contracted-for cremation.
93. In November of 2018, however, the FBI informed Jimmy that his wife’s body had not been
cremated, but rather, embalmed and sold to GLOBAL ANATOMY PROJECT. Since that time, Jimmy
has been experiencing nightmares in which Penny is in danger and he cannot protect her. He has been
physically ill and suffers from regular stomach problems since receiving the news from the FBI. He has
received bereavement counseling to cope with the death of his wife and more recently, suffered depression
and severe anxiety. He lives with the burden of constantly wondering what happened to Penny’s remains.
As a direct and proximate result of Defendants’ actions, Plaintiff has suffered and will continue to suffer
severe emotional distress, mental anguish, nervous shock, humiliation, anger, anxiety, physical injuries,
94. Plaintiff WAYNE SIMPSON is the surviving husband of Gloria Simpson, deceased.
Plaintiff is, and at all relevant times was, a resident of Colorado, Montrose County. Gloria passed away
on August 27, 2015 after battling cancer. Gloria made arrangements with SUNSET MESA and HESS
prior to her passing. Gloria was an organ and tissue donor but upon her passing it was determined that
nothing was salvageable for transplantable donation. Neither Gloria nor her family consented to any type
of non-transplant donation.
95. In late July 2018, the FBI contacted Wayne and his family to inform them that body-parts
belonging to Gloria had been sold outside of the country. Wayne wakes up every day wondering what is
in the urn that he once thought contained his wife’s ashes. A portion of her “cremains” were interred in a
20
Lyons, Colorado cemetery. Wayne suffers from severe feelings of guilt as though he failed his wife in her
final days and in death by allowing this to happen to her. As a direct and proximate result of Defendants’
actions, Plaintiff has suffered and will continue to suffer severe emotional distress, mental anguish,
96. Plaintiff LONDA SESSOMS is the surviving daughter of Lloyd Norlin, deceased. Plaintiff
is, and at all relevant times was, a resident of Colorado, Mesa County. Lloyd passed away at HOPEWEST
hospice. He had a pre-arranged policy with Delta Funeral Home, also owned by HESS. Upon his passing,
the family discovered that Delta Funeral Home was no longer in business. HESS and SUNSET MESA
told the family that they would honor the policy. SUNSET MESA employees retrieved Lloyd’s body for
transport to SUNSET MESA for cremation. Londa called SUNSET MESA a number of times in an effort
to pick up Lloyd’s cremains. When she was finally able to retrieve them, Londa recalls the cremains being
very heavy.
97. In March of 2018, Londa received a call from the FBI informing her that body parts
belonging to her father had been sold to BODY-BUYER DEFENDANTS in three different states.
Londa’s father had been through a number of surgeries prior to his passing. She had promised him that
she would not let anyone “cut on him” again. Londa has extreme feelings of guilt for not protecting him.
She suffers from severe depression as a result of what happened to her father at the hands of the
Defendants. She also suffers from sleeplessness and severe stomach issues since the FBI gave her this
news. As a direct and proximate result of Defendants’ actions, Plaintiff has suffered and will continue to
suffer severe emotional distress, mental anguish, nervous shock, humiliation, anger, anxiety, physical
injuries, economic damages and property loss.
98. GLENDA ALLEN and MICHAEL ALLEN are the surviving children of Sylvia Allen,
deceased. Glenda is a resident of California, Stanislaus County. Michael is, and at all relevant times was,
a resident of Colorado, Montrose County. Sylvia passed away at Valley Manor Care Center while under
21
the care of HOPEWEST HOSPICE. Glenda and her family had originally selected Crippin Funeral Home
for Sylvia’s arrangements, however Montrose County Deputy Coroner Patricia Blackwelder, insisted that
the family use SUNSET MESA, so they did.
99. In November of 2018, Glenda and Michael were informed by the FBI that their mother had
not been cremated. Instead, her body had been sold to AMERICAN PLASTINATION to be used and
rented by BODY-USER DOES. Glenda and Michael constantly agonize over how they might go about
bringing their mother’s body home for a proper cremation. No one is at peace. Glenda has severe feelings
of guilt and sadness over what has been done to her mother at the hands of the Defendants. As a direct
and proximate result of Defendants’ actions, Plaintiffs have suffered and will continue to suffer severe
100. Plaintiffs MARIA ABACHICHE and FILIBERTO ABACHICHE are the surviving sister
and brother-in-law of Jorge A. Tarango Pinion, deceased. Maria and Filiberto are, and at all relevant times
were, residents of Colorado, Montrose County. Maria and Filiberto assisted in taking care of Jorge up to
the moment he passed, on September 22, 2016. Jorge made arrangements with SUNSET MESA prior to
his passing, and instructed HESS to give his cremains to his mother and Maria. Maria and Filiberto recall
that SUNSET MESA and HESS took three months to return Jorge’s purported cremains.
101. In November of 2018, FBI agents contacted Maria and Filiberto to inform them that Jorge’s
body was not cremated at all, but in fact sold to a plastination company to be rented and used by
unspecified BODY-USER DOES. As a direct and proximate result of Defendants’ actions, Plaintiffs have
suffered and will continue to suffer severe emotional distress, mental anguish, nervous shock, humiliation,
anger, anxiety, physical injuries, economic damages and property loss.
102. Plaintiff RICK D’AMBROSIO is the surviving son of Dorothy M. D’Ambrosio, deceased.
Plaintiff is, and at all relevant times was, a resident of Colorado, Montrose County. Dorothy passed away
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at home on September 15, 2014, while under the care of HOPEWEST. HOPEWEST recommended
SUNSET MESA to Rick and his family. Rick relied on HOPEWEST’s recommendation and selected
SUNSET MESA to handle Dorothy’s cremation. HESS and SHIRLEY KOCH retrieved Dorothy’s body
to transport it to SUNSET MESA for cremation.
103. In April of 2018, the FBI contacted Rick and informed him that body-parts belonging to
his mother had been sold to INNOVED. Rick has been traumatized by the whole ordeal and as a result he
suffers from nightmares, sleeplessness and severe anxiety. The closure he once felt has now been
destroyed. He lives with unbearable uncertainty as to what has become of his mother’s remains. He and
his family have been devastated by the actions of the Defendants. As a direct and proximate result of
Defendants’ actions, Plaintiff has suffered and will continue to suffer severe emotional distress, mental
loss.
104. Plaintiff ROBERT BARNES is the surviving son of Stanley J. Barnes, deceased. Robert
is, and at all times relevant was, a resident of Colorado, Montrose County. Stanley passed away at home
on August 14, 2015. Robert chose SUNSET MESA for Stanley’s cremation as the family had used
SUNSET MESA for previous arrangements. CANFIELD responded to the death-scene and arranged for
transfer of the body to SUNSET MESA. HESS asked Robert about donating his father’s body, but Robert
explicitly refused, as donation was against Stanley’s final wishes.
105. In September 2018, Robert was informed by the FBI that his father’s body was not
cremated at all, but rather sold to unknown BODY-BUYER DEFENDANTS. As a direct and proximate
result of Defendants’ actions, Plaintiff has suffered and will continue to suffer severe emotional distress,
mental anguish, nervous shock, humiliation, anger, anxiety, physical injuries, economic damages and
property loss.
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106. Plaintiff CONNIE BURCH is the surviving daughter of Joylene Carter, deceased. Connie
is, and at all times relevant was, a resident of New Mexico, Bernalillo County. Joylene passed away at an
assisted living facility on February 11, 2014. Plaintiff and her family chose SUNSET MESA to handle
Joylene’s cremation. SHIRLEY KOCH retrieved Joylene’s body to transport it to SUNSET MESA for
cremation.
107. In December 2018, Connie was informed by the FBI that rather than being cremated, her
mother’s torso and head had been sold to unknown BODY-BUYER DEFENDANTS. As a direct and
and property loss.
108. Plaintiff TRUDY FULLER is the surviving wife of Garland Fuller, deceased. Plaintiff is,
and at all relevant times was, a resident of Colorado, Montezuma County. Garland Fuller passed away on
January 2, 2015, at home after a lengthy battle with cancer. Trudy chose SUNSET MESA for Garland’s
cremation because it was the most affordable. Upon his passing, SHIRLEY KOCH and ALAN KOCH
retrieved Garland’s body for transport to SUNSET MESA. Trudy authorized the donation of Garland’s
organs only. After a prolonged wait, Trudy finally received what were purported to be Garland’s
cremains.
109. In late June 2018, however, the FBI informed Trudy that Garland’s head, upper arms and
the lower half of his body had been sold to unknown BODY-BUYER DENDANTS. Trudy also notes that
the purported “cremains” returned to her by HESS and SUNSET MESA had what appeared to be dental
hardware in them which does not make sense because Garland’s head had been sold. Garland passed away
in the arms of his wife Trudy. Prior to Garland’s passing, he and Trudy had decided on a place that both
of their ashes would be scattered so that they could be together for eternity. Trudy has overwhelming
feelings of guilt over what has been done to her husband. Trudy suffers horrible nightmares that include
24
visions of her beloved husband being carved up. Trudy has been prescribed anti-depressants so that she
can better cope with the devastating reality that she will never know what became of her husband. As a
direct and proximate result of Defendants’ actions, Plaintiff has suffered and will continue to suffer severe
110. Plaintiff CYNTHIA FALLS is the surviving daughter of Raymond Lowrance, deceased.
Plaintiff is, and at all relevant times was, a resident of Colorado, El Paso County. Raymond passed away
while under the care of HOPEWEST hospice. Raymond had a pre-need policy with a funeral home that
had ceased operations prior to his passing. HESS offered to honor the pre-arrangement policy if the family
used SUNSET MESA. Raymond agreed to have SUNSET MESA handle his cremation.
111. In late November 2018, Plaintiff was informed by the FBI that body-parts belonging to
Raymond had been sold to unknown BODY-BUYER DEFENDANTS. As a direct and proximate result
of Defendants’ actions, Plaintiff has suffered and will continue to suffer severe emotional distress, mental
loss.
112. Plaintiffs JONI GORMAN and TOM GORMAN are the surviving mother and step-father
of Steven Smythe, deceased. Plaintiffs are, and at all relevant times were, residents of Colorado, Adams
County. Steven was killed in a motorcycle accident on October 12, 2013. Plaintiffs selected MESA
FUNERAL SERVICE, LLC in Grand Junction, Colorado to handle Steven’s cremation. MESA however,
did not perform the cremation, but instead contracted out Steven’s cremation to SUNSET MESA without
informing Plaintiffs. Joni retrieved what were purported to be Steven’s cremains from MESA shortly
following Steven’s passing.
113. In December 2018, however, the FBI called to inform Joni and Thomas that body-parts
belonging to their son had been sold to a company in China. As a direct and proximate result of
25
Defendants’ actions, Plaintiffs have suffered and will continue to suffer severe emotional distress, mental
loss.
114. Plaintiffs DEBBIE GREENLEE and DAWN REHR are the surviving daughters of
Kathleen Dent, deceased. Plaintiffs are, and at all relevant times were, residents of Colorado, Delta
County. Kathleen passed away at home while under the care of HOPEWEST hospice. After Kathleen’s
passing, HESS retrieved her body and transported it to SUNSET MESA for cremation. Kathleen’s final
wishes were to be cremated and have her ashes spread over her parents’ graves in Kansas.
115. In the spring of 2018, the FBI contacted Plaintiffs and informed them that their mother’s
remains were never cremated, but rather, Kathleen’s entire body had been sold to BODY-BUYER
DEFENDANTS. As a direct and proximate result of Defendants’ actions, Plaintiffs have suffered and
will continue to suffer severe emotional distress, mental anguish, nervous shock, humiliation, anger,
anxiety, physical injuries, economic damages and property loss.
116. Plaintiff HOWARD HOLGATE is the surviving son of the Shirley Holgate, deceased.
Plaintiff is, and at all relevant times was, a resident of North Carolina, Wake County. Howard’s father
purchased pre-arrangement insurance policies for both himself and his wife Shirley. These were
subsequently assigned to SUNSET MESA. Upon Shirley’s passing on March 2, 2016, her body was
transported to SUNSET MESA for cremation. Shirley’s purported cremains were interred in Cedaredge,
Colorado.
117. In the summer of 2018, however, Howard received a call from the FBI. He was informed
that his mother had not been cremated at all, but rather, that her body had been sold to BODY-BUYER
DEFENDANTS. Howard and his family have suffered deeply from the news of what was done to his
beloved mother’s remains. What the family believed to be Shirley’s cremains had been interred at a
cemetery just walking distance from the family home. Howard’s father has been visiting the gravesite
26
daily. What was done to Shirley has caused Howard and his whole family immense trauma and sadness.
It is now seemingly impossible to cherish the good memories they had of their lives together with Shirley.
These memories have all been tarnished by Defendant’s actions. As a direct and proximate result of
Defendants’ actions, Plaintiff has suffered and will continue to suffer severe emotional distress, mental
loss.
118. Plaintiff JOANNE LOWE is the surviving wife of James Thomas Lowe, deceased.
Plaintiff is, and at all relevant times was a resident of Colorado, Montrose County. James passed away
unexpectedly on April 8, 2016, while out of town in Cripple Creek. The family had used SUNSET MESA
for a previous death so they opted to use SUNSET MESA again. SHIRLEY KOCH retrieved the body
from Teller County, Colorado to transport James’ body to SUNSET MESA for cremation.
119. In the spring of 2018, Joanne was contacted by the FBI and informed that body-parts
belonging to her late husband had been sold and shipped to unspecified BODY-BUYER DEFENDANTS
in two different states. As a direct and proximate result of Defendants’ actions, Plaintiff has suffered and
120. Plaintiffs BRENDA LYONS and DAVID LYONS are the surviving daughter-in-law and
son of Anna M. Lyons, deceased. Plaintiffs are, and at all relevant times were, residents of Colorado,
Montrose County. Anna passed away on June 29, 2015, at a long-term care facility. Anna had a pre-
arrangement policy through a different funeral home, and the family is unsure how Anna ended up at
SUNSET MESA.
121. In November of 2018, Plaintiffs received correspondence from the FBI informing them
that body-parts belonging to Anna had been sold rather than cremated. The FBI did not provide any
additional details. As a direct and proximate result of Defendants’ actions, Plaintiffs have suffered and
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122. Plaintiff SHARON MAIN is the surviving sister of Lora Lee Johnson, deceased. Plaintiff
is, and at all relevant times was, a resident of Arizona, Yavapai County. Lora Lee passed away on June
13, 2017, from a rare form of bladder cancer. HESS and SUNSET MESA offered free cremation in
exchange for the donation of Lora Lee’s bladder. Consent was given for the donation of Lora’s bladder
only.
123. In June of 2018, the FBI informed Plaintiff that Lora Lee’s whole body had been sold and
shipped from SUNSET MESA rather than cremated. Lora Lee’s whole body had been sold to a
plastination company for use and rental by currently unknown BODY-USER DOES. As a direct and
and property loss.
124. Plaintiff SCOTT SCHROEDER is the surviving son of Jerome J. Schroeder, deceased.
Jerome passed away at Montrose Memorial Hospital on July 1, 2017. HESS retrieved Jerome’s body and
transported it to SUNSET MESA for cremation. Jerome had set aside money for funeral services. Scott
mailed HESS a check for the cremation and subsequently retrieved the purported cremains of his father
in August of 2017.
125. In early 2019, the FBI informed Scott that his father had not been cremated at all, but rather
that the provenance of his father’s remains are currently part of the FBI’s investigation of SUNSET MESA
and MEGAN HESS. As a direct and proximate result of Defendants’ actions, Plaintiff has suffered and
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126. Plaintiff PATRICK HALLACY is the surviving son of Debra Kingery and surviving
nephew of Beverly Christon, CINDY SCOTT is the surviving sister of Debra Kingery and Beverly
Christon, deceased. Plaintiffs are, and at all relevant times was, a resident of Colorado, Montrose County.
Debra passed away at Montrose Memorial Hospital on October 1, 2014, after a massive stroke. Beverly
passed away seven days later on October 7, 2014. The family contracted with SUNSET MESA for both
Debra’s cremation and then also for Beverly.
127. In late November 2018, the FBI informed Plaintiffs that neither of the contracted-for
cremations had been performed. Rather, Debra’s body had been sold to M.D. GLOBAL and Beverly’s
body had been dismembered and sold to MEDCURE and other currently unknown BODY-BUYER
DEFENDANTS. As a direct and proximate result of Defendants’ actions, Plaintiffs have suffered and
128. Plaintiff WENDY SHULL is the surviving wife of Sherman Shull, deceased. Plaintiff is,
and at all relevant times was, a resident of Colorado, Montrose County. Sherman passed away on
December 5, 2017, at HOPEWEST hospice. HESS retrieved Sherman’s body and transported it to
SUNSET MESA for cremation. Sherman and his sister used to take annual trips up Sunset Mesa Road
on the Fourth of July to watch fireworks. Upon Sherman’s passing, Wendy selected SUNSET MESA
with that memory in mind. Sherman had a living will which made it explicitly clear that he did not want
an autopsy and did not want his remains donated. Wendy picked up what were purported to be Sherman’s
cremains from HESS.
129. However, in March 2018, the FBI informed Wendy that Sherman’s head, torso, one leg
(knees to toes) and the other leg (foot to ankle) had been sold rather than cremated. As a direct and
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and property loss.
130. Plaintiff ARLENE ZWIEFELHOFER is the surviving wife of Robert F. Zwiefelhofer,
deceased. Plaintiff is, and at all relevant times was, a resident of Colorado, Montrose County. Robert
passed away on October 1, 2010 at home. Prior to his passing, Robert had made pre-arrangements with
SUNSET MESA for his cremation. Arlene was present when Robert explicitly told HESS that he did not
wish to be cut up in any manner, nor any parts removed from his body. Upon his passing, MEGAN HESS
retrieved Robert’s body from the death-scene to transport it to SUNSET MESA for cremation.
131. In February of 2019, Arlene received a letter from the FBI indicating that she was the
victim of a crime and that it involved her late husband, Robert’s body. During a follow-up call with an
agent from the FBI, Arlene was informed that Robert’s body-parts had been sold rather than cremated. As
a direct and proximate result of Defendants’ actions, Plaintiff has suffered and will continue to suffer
severe emotional distress, mental anguish, nervous shock, humiliation, anger, anxiety, physical injuries,
CLAIM ONE – OUTRAGEOUS CONDUCT

(Against HESS, SUNSET MESA, SHIRLEY KOCH, ALAN KOCH, CANFIELD, MESA,
RETRIEVER, BODY-BUYER DEFENDANTS and BODY-USER DOES)
133. Defendants, MEGAN HESS, SUNSET MESA, SHIRLEY KOCH, ALAN KOCH,
CANFIELD, MESA, RETRIEVER, SWIBA, INNOVED, M.D. GLOBAL, AXOGEN, AMERICAN
PLASTINATION, GLOBAL ANATOMY PROJECT, MEDCURE, DOES and BODY-USER DOES,
individually and collectively, engaged in extreme and outrageous conduct, including, without limitations:
a. HESS, SUNSET MESA, and SHIRLEY KOCH carved up and desecrated the bodies of
Plaintiff’s loved-ones in order to harvest their body-parts and—without Plaintiffs’ consent or authorization
from the deceased—transfer those bodies and body-parts to others for pecuniary gain;
30
b. HESS, SUNSET MESA and MESA FUNERAL SERVICE each contracted to perform
cremations and return cremains to grieving families, and instead failed to perform the contracted-for
cremations and returned sand, dry concrete and cat litter masquerading as “cremains” to Plaintiffs;
c. HESS, SUNSET MESA, ALAN KOCH and RETRIEVER transferred possession of the
bodies and body-parts of Plaintiffs’ loved-ones to entities who neither Plaintiffs nor the deceased
authorized or consented to having possession;
d. SWIBA, INNOVED, M.D. GLOBAL, AXOGEN, AMERICAN PLASTINATION,
GLOBAL ANATOMY PROJECT, MEDCURE, BODY-BUYER DOES and BODY-USER DOES
knowingly, with willful blindness or culpable recklessness purchased for their own pecuniary gain the
bodies and body-parts of Plaintiffs’ loved-ones without either Plaintiffs’ consent or authorization of the
deceased;
e. CANFIELD knowingly and purposefully directed the deceased and their families to
SUNSET MESA while knowing, willingly turning a blind-eye or recklessly ignoring the on-going heinous
fraud that was occurring at Sunset Mesa Funeral Home.
134. The above-described conduct of Defendants HESS, SUNSET MESA, SHIRLEY KOCH,
ALAN KOCH, CANFIELD, MESA FUNERAL SERVICE, RETRIEVER, SWIBA, INNOVED, M.D.
GLOBAL, AXOGEN, AMERICAN PLASTINATION, GLOBAL ANATOMY PROJECT, MEDCURE
DOES and BODY-USER DOES is so outrageous in character and extreme in degree as to go beyond all
possible bounds of decency. Such conduct is atrocious and utterly intolerable in a civilized community.
135. The above-described conduct of Defendants MEGAN HESS, SUNSET MESA, SHIRLEY
KOCH, ALAN KOCH, CANFIELD, MESA FUNERAL SERVICE, HOPEWEST, RETRIEVER,
SWIBA, INNOVED, M.D. GLOBAL, AXOGEN, AMERICAN PLASTINATION, GLOBAL
ANATOMY PROJECT, MEDCURE, BODY-BUYER DOES and BODY-USER DOES was either done
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with the intent to cause Plaintiffs severe emotional distress or with culpable recklessness in regard to the
severe emotional distress likely to be caused.
136. Defendants, and each of them, knew or should have known that Plaintiffs would be
especially susceptible to severe emotional distress due to the recent death of their loved-ones and the
sensitivities reasonable persons have surrounding the care for their deceased loved-ones’ remains.
137. Plaintiffs, and each of them, have suffered and continue to suffer severe emotional distress,
personal injuries, economic and general damages as a direct and proximate result of the above-described
malicious, fraudulent, willful and wanton conduct of Defendants MEGAN HESS, SUNSET MESA,
SHIRLEY KOCH, ALAN KOCH, CANFIELD, MESA FUNERAL SERVICE, HOPEWEST,
RETRIEVER, SWIBA, INNOVED, M.D. GLOBAL, AXOGEN, AMERICAN PLASTINATION,
GLOBAL ANATOMY PROJECT, MEDCURE, BODY-BUYER DOES and BODY-USER DOES.
CLAIM TWO -- UNJUST ENRICHMENT

(Against HESS, PEYTON HESS TRUST, SUNSET MESA, ALAN KOCH, SHIRLEY KOCH,
RETRIEVER, CANFIELD, HOPEWEST, MESA FUNERAL SERVICE, BODY-BUYER
DEFENDANTS and BODY-USER DOES)
139. Defendants MEGAN HESS, PEYTON HESS TRUST, SUNSET MESA, and MESA
FUNERAL SERVICES received payments for performing cremations and funerary services in an amount
to be proven at trial.
140. Defendants MEGAN HESS, PEYTON HESS TRUST, SUNSET MESA, ALAN KOCH
and SHIRLEY KOCH received payments for the sale of Plaintiffs’ loved-ones’ bodies and body-parts in
an amount to be proven at trial.
141. Defendants CANFIELD, HOPEWEST, and MESA FUNERAL SERVICE received
pecuniary gain for directing Plaintiffs and their loved-ones to Sunset Mesa Funeral Home in an amount to
be proven at trial.
32
142. Defendant RETRIEVER received payments for transporting the bodies and body-parts of
Plaintiffs’ loved-ones in an amount to be proven at trial.
143. Defendants SWIBA, INNOVED, M.D. GLOBAL, AXOGEN, AMERICAN
PLASTINATION, GLOBAL ANATOMY PROJECT, MEDCURE, BODY-BUYER DOES and BODY-
USER DOES received pecuniary gain from the discounted purchase of the bodies and body-parts of
Plaintiffs’ loved-ones in an amount to be proven at trial.
144. It is unjust for these Defendants to retain the benefits, remuneration and gain received for
services not rendered, sham funerary ceremonies, the unconscionable sale of bodies and body parts
without the consent of Plaintiffs or the deceased, the delivery of bodies to SUNSET MESA, the transport
of bodies and body-parts without legally mandated and customarily required proofs of consent to transfer,
or the discounted purchase of bodies and body-parts sold without consent of the deceased or authorization
of their kin.
145. Equity and justice demand that these Defendants disgorge all amounts pecuniary gains they
received as a result of their part in this unjust scheme.
CLAIM THREE – FRAUD

(Against MEGAN HESS, SHIRLEY KOCH, ALAN KOCH, and SUNSET MESA)
147. As supported by the foregoing detailed factual allegations made by Plaintiffs, Defendants
MEGAN HESS, SUNSET MESA, SHIRLEY KOCH and ALAN KOCH individually and collectively
represented to each Plaintiff, their agent and/or family, that Sunset Mesa Funeral Home would cremate
their loved-one and return their loved-one’s cremains.
148. At the time that Defendants MEGAN HESS, SUNSET MESA, SHIRLEY KOCH and
ALAN KOCH represented to each Plaintiff, their agent and/or family, that they would cremate their loved-
one, they knew that they would not be performing the promised cremation.
33
149. At the time that Defendants MEGAN HESS, SUNSET MESA, SHIRLEY KOCH and
ALAN KOCH represented to each Plaintiff, their agent and/or family, that they would return their loved-
one’s cremains, they knew that they would not be returning their loved-one’s cremains.
150. Defendants MEGAN HESS, SUNSET MESA, SHIRLEY KOCH and ALAN KOCH made
these intentional, malicious and knowingly false representations in order to induce each Plaintiff to
transfer possession of their loved-one’s remains to SUNSET MESA.
151. Plaintiffs, and each of them, actually and justifiably relied on the representations
individually and collectively made by Defendants MEGAN HESS, SUNSET MESA, SHIRLEY KOCH
and ALAN KOCH, that they would perform cremations of their loved-one and return their loved-one’s
cremains.
152. Each Plaintiff, their agent or family member did actually transfer their loved-one’s remains
to SUNSET MESA.
153. However, instead of the promised cremations, the bodies of Plaintiffs’ loved ones’ were
taken to a back room of Sunset Mesa Funeral Home and butchered for sale and shipping.
154. MEGAN HESS, SUNSET MESA, SHIRLEY KOCH and ALAN KOCH, individually and
collectively, returned ashes to Plaintiffs knowing that those ashes were not the cremains of Plaintiffs’
loved-ones.
155. Defendants’ false and fraudulent representations were occasioned by malice and like
motives.
156. Plaintiffs, and each of them, have suffered severe emotional distress, physical injury,
economic and general damages as a direct and proximate result of the above-described fraud, in an amount
to be proven at trial.
34
CLAIM FOUR – NEGLIGENCE
(Against HESS, SUNSET MESA, SHIRLEY KOCH, ALAN KOCH, CANFIELD, MESA
FUNERAL SERVICE, HOPEWEST, RETRIEVER, BODY-BUYER DEFENDANTS and BODY-
USER DOES)
158. Defendants HESS, SUNSET MESA, SHIRLEY KOCH, ALAN KOCH, CANFIELD,
MESA FUNERAL SERVICE, HOPEWEST, RETRIEVER, SWIBA, INNOVED, M.D. GLOBAL,
AXOGEN, AMERICAN PLASTINATION, GLOBAL ANATOMY PROJECT, MEDCURE, BODY-
BUYER DOES and BODY-USER DOES owed a duty to Plaintiffs to ensure that their loved-ones’
remains were treated with dignity, respect and in a lawful manner. Defendants owed a further duty to
Plaintiffs to ensure that their loved-ones’ remains were treated in accord with the wishes of the deceased
and their grieving families. Defendants, and each of them, knew or should have known that Plaintiffs
would suffer severe emotional distress and damages if these duties were violated.
159. MEGAN HESS, SUNSET MESA, SHIRLEY KOCH and ALAN KOCH (“SELLER
DEFENDANTS”) each violated their duties to Plaintiffs by and through, among other things, the
following acts and omissions:
a. SELLER DEFENDANTS knew or should have known that Plaintiffs wished their loved-
ones’ remains to be cremated and otherwise treated in a lawful, dignified and respectful manner.
b. Rather than treat Plaintiffs’ deceased loved-ones in accord with Plaintiffs’ wishes, these
SELLER DEFENDANTS did not perform the cremations they knew or should have known were expected
by Plaintiffs, nor did they treat the deceased in a lawful, dignified and respectful manner. Instead, these
Defendants dismembered, mutilated and carved up the deceased to sell for profit.
160. SWIBA, INNOVED, M.D. GLOBAL, AXOGEN, AMERICAN PLASTINATION,
GLOBAL ANATOMY PROJECT, MEDCURE and BODY-BUYER DOES (collectively, “BODY-
35
BUYER DEFENDANTS”) each violated their duties to Plaintiffs by and through, among other things, the
a. As institutions involved in the procurement of human bodies and body-parts, BODY-
BUYER DEFENDANTS knew or should have known that SELLER DEFENDANTS were subject to little
to no governmental regulation, supervision or inspection and that they could not reasonably rely upon
governmental regulations alone to ensure that the bodies and body-parts that SELLER DEFENDANTS
supplied to them had been obtained lawfully and with appropriate consent and knowledge.
b. As institutions involved in the procurement of bodies and body-parts, these BODY-
BUYER DEFENDANTS also knew or should have known of the history of and potential for abuse and
improper and illegal conduct in the sale of bodies and body-parts.
c. Plaintiffs are informed and believe, and thereupon allege, that BODY-BUYER
DEFENDANTS failed to undertake all reasonable and necessary means to ensure that the bodies and
body-parts that SELLER DEFENDANTS supplied them had in fact been obtained lawfully and with
appropriate consent and knowledge.
d. Plaintiffs are informed and believe, and thereupon allege, that BODY-BUYER
DEFENDANTS fell below the customary standard of care when selecting and/or executing procedures
for ensuring that the bodies and body-parts acquired from HESS and SUNSET MESA were lawfully
obtained with appropriate consent and knowledge.
e. Plaintiffs are informed and believe, and thereupon allege, that an adequate and reasonable
investigation, or even a cursory inspection of SELLER DEFENDANTS’ business and premises would
have revealed glaring irregularities including but not limited to (1) grotesquely carved up cadavers, (2)
body parts lacking necessary documentation of consent, (3) cremation being performed on body parts and
incomplete corpses, (4) a complete lack of separation or insulation between the cremation services of
Sunset Mesa Funeral Home and the “bodies for sale” business of Donor Services.
36
f. Plaintiffs are informed and believe, and thereupon allege, that BODY-BUYER
DEFENDANTS knew or should have known that the bodies and body parts that SELLER DEFENDANTS
had supplied BODY-BUYER DEFENDANTS were obtained improperly and without appropriate consent
and knowledge, on the basis of the sheer volume of bodies and body parts supplied by SELLER
DEFENDANTS, the discounted prices at which SELLER DEFENDANTS were marketing bodies and
body-parts, and the unusual fact that SELLER DEFENDANTS operated both a funeral home and a body
donation business out of the very same location.
161. CANFIELD, as the County Coroner, violated HIS duties to Plaintiffs by and through,
among other things, the following acts and omissions:
a. CANFIELD, as the County Coroner, tasked with regular treatment of the deceased.
b. Plaintiffs are informed and believe, and thereupon allege, that CANFIELD knew or should
have known about the unique and precarious circumstance within their jurisdiction wherein a funeral
home, a crematorium and a body-donation operation were being run out of the same location, and failed
to undertake all reasonable and necessary means to ensure that the bodies and body-parts that SELLER
DEFENDANTS were selling had in fact been obtained lawfully and with appropriate consent and
knowledge.
c. Plaintiffs are informed and believe, and thereupon allege, that CANFIELD with
knowledge, willful blindness, wanton recklessness or culpable negligence fell below the customary
standard of care when executing procedures for ensuring that the bodies and body-parts acquired and sold
by HESS and SUNSET MESA were lawfully obtained with appropriate consent and knowledge.
d. Plaintiffs are informed and believe, and thereupon allege, that an adequate and reasonable
investigation, or even a cursory inspection of SELLER DEFENDANTS’ business and premises would
have revealed glaring irregularities including but not limited to (1) grotesquely carved up cadavers, (2)
body parts lacking necessary documentation of consent, (3) cremation being performed on body parts and
37
e. Plaintiffs are informed and believe, and thereupon allege, that CANFIELD knew or should
have known that the bodies and body parts that SELLER DEFENDANTS were selling had been obtained
improperly and without appropriate consent and knowledge, on the basis of the sheer volume of bodies
and body parts supplied by SELLER DEFENDANTS, the discounted prices at which SELLER
DEFENDANTS were marketing bodies and body-parts, and the unusual fact that SELLER
DEFENDANTS operated both a funeral home and a body donation business out of the very same location.
162. MESA FUNERAL SERVICE, HOPEWEST and CANFIELD each violated their duties to
Plaintiffs by and through, among other things, the following acts and omissions:
a. MESA FUNERAL SERVICE, HOPEWEST and CANFIELD recommended families
engage SUNSET MESA for cremation services, and directed the deceased there without having performed
a reasonable inquiry into SUNSET MESA’s operation to properly vet SUNSET MESA before
recommending their services.
b. Plaintiffs are informed and believe, and thereupon allege, that MESA FUNERAL
SERVICE, HOPEWEST and CANFIELD knew or should have known of the history of and potential for
abuse and improper and illegal conduct in the sale of bodies and body-parts.
c. Plaintiffs are informed and believe, and thereupon allege, that MESA FUNERAL
SERVICE, HOPEWEST and CANFIELD knew that SUNSET MESA was operating both a funeral home
and a body donation business out of the same location.
d. Plaintiffs are informed and believe, and thereupon allege, that MESA FUNERAL
SERVICE, HOPEWEST and CANFIELD failed to undertake all reasonable and necessary means to vet
SUNSET MESA’s operations before sending Plaintiffs’ deceased loved-ones to SUNSET MESA.
38
e. Plaintiffs are informed and believe, and thereupon allege, that MESA FUNERAL
SERVICE, HOPEWEST and CANFIELD knowingly, with willful blindness, wanton recklessness or
culpable negligence fell below the customary standard of care when directing the deceased to a funeral
home or recommending that funeral home’s services.
f. Plaintiffs are informed and believe, and thereupon allege, that an adequate and reasonable
investigation, or even a cursory inspection of SUNSET MESA’s business and premises would have
revealed glaring irregularities including but not limited to (1) grotesquely carved up cadavers, (2) body
parts lacking necessary documentation of consent, (3) cremation being performed on body parts and
g. Plaintiffs are informed and believe, and thereupon allege, that MESA FUNERAL
SERVICE, HOPEWEST and CANFIELD knew or should have known that the bodies and body parts that
SUNSET MESA was selling had been obtained improperly and without appropriate consent and
knowledge, on the basis of the sheer volume of bodies and body parts supplied by SUNSET MESA, the
discounted prices at which SUNSET MESA were marketing bodies and body-parts, and the unusual fact
that SUNSET MESA operated both a funeral home and a body donation business out of the very same
location.
163. RETRIEVER violated its duties to Plaintiffs by and through, among other things, the
a. RETREIVER knew or should have known that the bodies and body-parts of Plaintiffs
loved-ones that it was contracted to transport were not obtained with proper consent.
b. On information and belief, RETRIEVER was never provided with the legally mandated
and customarily required Willed Body Donation Consent forms documenting that the bodies and body-
39
parts it was transporting have been donated legally and ethically with the informed consent of the deceased
and/or the next of kin.
c. Plaintiffs are informed and believe, and thereupon allege, that RETRIEVER knew or
should have known that the bodies and body parts that SNSET MESA was transporting had been obtained
improperly and without appropriate consent and knowledge, and yet RETRIEVER continued to do
business transporting said bodies and body-parts and to profit from this business.
164. BODY-USER DOES violated duties to Plaintiffs by and through, among other things, the
a. BODY-USER DOES each knew or should have known that the bodies and body-parts of
Plaintiffs loved-ones they procured from BODY-BUYER DEFENDANTS were not obtained with proper
consent of the deceased and/or their next of kin.
b. On information and belief, BODY-USER DOES were never provided with the legally
mandated and customarily required Willed Body Donation consent forms documenting that the bodies
and body-parts procured had been donated legally and ethically with the informed consent of the deceased
and/or the next of kin.
c. Plaintiffs are informed and believe, and thereupon allege, that BODY-USER DOES knew
or should have known that the bodies and body-parts that BODY-BUYER DEFENDANTS were
transferring had been obtained improperly and without appropriate consent and knowledge, and yet
BODY-USER DOES continued to do business in using and/or renting said bodies and body-parts and to
profit from this business.
165. As a direct and proximate cause of SELLER DEFENDANTS’ breaches of their duties to
Plaintiffs, Plaintiffs have suffered and will continue to suffer severe emotional distress, physical injuries,
and economic damages in an amount to be proven at trial.
40
166. As a direct and proximate cause of BODY-BUYER DEFENDANTS’ breaches of their
duties to Plaintiffs, Plaintiffs have suffered and will continue to suffer severe emotional distress, physical
injuries, economic and general damages in an amount to be proven at trial.
167. As a direct and proximate cause of CANFIELD breach of this duties to Plaintiffs, Plaintiffs
have suffered and will continue to suffer severe emotional distress, physical injuries, economic and
general damages in an amount to be proven at trial.
168. As a direct and proximate cause of MESA FUNERAL SERVICE, HOPEWEST and
CANFIELD’S breaches of their duties to Plaintiffs, Plaintiffs have suffered and will continue to suffer
severe emotional distress, physical injuries, economic and general damages in an amount to be proven at
trial.
169. As a direct and proximate cause of BODY-USER DOES’ breaches of its duties to
Plaintiffs, Plaintiffs have suffered and will continue to suffer severe emotional distress, physical injuries,
and economic damages in an amount to be proven at trial.
CLAIM FIVE – NEGLIGENCE PER SE

(Against HESS, SUNSET MESA, CANFIELD, BODY-BUYER DEFENDANTS and BODY-USER
DOES)
171. Colorado statutes of the Mortuary Science Code in force at all times relevant here,
including but not limited to Sections 12-54-103(2), 12-54-104(1)(l), (n), and (o), 12-54-110(2)(d), (3)(c)
and (d), 12-54-301(1)(b), (f) and (l), 12-54-303(2)(d), 3(c) and (d), 12-54-305(3) and 12-54-307(2)(a),
(4) and (6), prohibit the conduct HESS and SUNSET MESA engaged in, and were designed to ensure that
the remains of persons like Plaintiffs’ loved-ones are treated with dignity, respect and in accord with the
wishes of the deceased and their bereaved families.
172. Plaintiffs are members of the class that the above-listed statutes are designed to protect.
41
173. SUNSET MESA and HESS, CANFIELD, BODY-BUYER DEFENDANTS and BODY-
USER DOES had a duty to ensure that the above statutes and regulations were complied with.
174. By the conduct described above, SELLER DEFENDANTS, CANFIELD, BODY-BUYER
DEFENDANTS and BODY-USER DOES each knew or should have known of the violations of the
above-listed statutes of the Mortuary Science Code.
175. As a direct and proximate result of these violations, Plaintiffs have suffered and will
continue to suffer severe emotional distress, physical injuries, economic and general damages in an
amount to be proven at trial.
CLAIM SIX – AIDING AND ABETTING

(Against CANFIELD, MESA FUNERAL SERVICE, HOPEWEST, RETRIEVER, BODY-
BUYER DEFENDANTS and BODY-USER DOES)
177. Plaintiffs and each of them allege that they have been harmed by the torts entailed in
MEGAN HESS, ALAN KOCH, SHIRLEY KOCH and SUNSET MESA’s above-described conduct,
including fraudulently promising cremation services and instead dismembering and selling their loved-
ones’ remains for profit, while returning “ashes” to Plaintiffs that were not the cremains of their loved-
ones.
178. On information and belief, defendants CANFIELD, MESA FUNERAL SERVICE,
HOPEWEST, RETRIEVER BODY-BUYER DEFENDANTS and BODY-USER DOES (“ABETTING
DEFENDANTS”) knew, or were willfully blind of the fact that HESS and SUNSET MESA were
committing these tortious acts.
179. ABETTING DEFENDANTS knew that MEGAN HESS and SUNSET MESA were
operating both a funeral home performing cremations and a body-broker business out of the same location.
42
180. ABETTING DEFENDANTS knew that MEGAN HESS and SUNSET MESA were
supplying cadavers and body parts in a quantity far exceeding the number of cadavers and body parts that
could possibly be obtained with the legally required consent and authorizations.
181. CANFIELD acted to direct the bodies of the deceased, including some of Plaintiffs’ loved-
ones, to MEGAN HESS and SUNSET MESA by arranging the transport of those bodies to Sunset Mesa
Funeral Home.
182. CANFIELD acted to direct bereaved families, including some of Plaintiffs, to MEGAN
HESS and SUNSET MESA by arranging that HESS and her employees, agents, or contractors transport
the deceased from a death-scene, thereby assuring that SUNSET MESA was the first funeral home to
contact the bereaved.
183. These actions by CANFIELD gave HESS and SUNSET MESA substantial assistance in
keeping their operations running, and were a substantial factor in causing Plaintiffs’ harm.
184. HOPEWEST acted to direct bereaved families, including some of Plaintiffs, to SUNSET
MESA.
185. MESA FUNERAL SERVICE acted to direct the deceased for cremation at SUNSET
MESA, including some of Plaintiffs’ loved-ones.
186. MESA FUNERAL SERVICE and HOPEWEST’s actions were a substantial factor in
causing Plaintiffs’ harm.
187. RETRIEVER provided transportation services to SUNSET MESA. These services
provided substantial assistance in operating SUNSET MESA’s body-part sales operation.
188. RETRIEVER’s actions were a substantial factor in causing Plaintiffs’ harm.
189. BODY-BUYER DEFENDANTS purchased bodies and body parts carved off of Plaintiffs’
loved-ones from HESS and SUNSET MESA.
43
190. BODY-BUYER DEFENDANTS’ purchases gave HESS and SUNSET MESA substantial
assistance in keeping their ghoulish operations running, and were a substantial factor in causing Plaintiffs’
harm.
191. As a direct and proximate result of these Defendants’ aiding and abetting MEGAN HESS
and SUNSET MESA’s scheme described above, Plaintiffs have suffered and will continue to suffer severe
emotional distress, physical injuries, economic and general damages in an amount to be proven at trial.
CLAIM SEVEN -- CIVIL CONSPIRACY

(Against SELLER DEFENDANTS and ABETTING DEFENDANTS)
193. SELLER DEFENDANTS and ABETTING DEFENDANTS at all relevant times conspired
to commit numerous torts against Plaintiffs and each of them arising out of their joint actions to procure,
dismember, transfer, sell and buy the bodies and body-parts of Plaintiffs’ loved-ones without the consent
of either Plaintiffs or the deceased.
194. At all relevant times, SELLER DEFENDANTS and ABETTING DEFENDANTS acted
with the object of collecting, harvesting and trafficking human bodies and body-parts regardless of the
wishes of decedents and their family members.
195. At all relevant times, SELLER DEFENDANTS and ABETTING DEFENDANTS
authorized, consented to, and/or ratified statements and representations to each other and third parties that
they were in agreement with the object of procuring, harvesting and trafficking human bodies and body-
parts regardless of the wishes of decedents and their family members.
196. At all relevant times, SELLER DEFENDANTS and ABETTING DEFENDANTS acted
either intentionally, with culpable recklessness, or willful blindness to traffic human bodies and body-
parts regardless of the wishes of Plaintiffs or their deceased loved-ones.
44
197. As a direct and proximate cause of these conspiracies, Plaintiffs suffered and will continue
to suffer severe emotional distress, physical injury, economic and general damages.
CLAIM EIGHT – COLORADO CONSUMER PROTECTION ACT

(Against SUNSET MESA, MEGAN HESS and MESA FUNERAL SERVICE)
199. At all relevant times, MEGAN HESS, SUNSET MESA and MESA FUNERAL SERVICE
engaged in deceptive trade practices in the course of their businesses.
200. MEGAN HESS, SUNSET MESA and MESA FUNERAL SERVICE through marketing
materials and representations by their employees, principals, agents and contractors stated that:
a. They would perform cremations of Plaintiffs’ loved-ones;
b. They would return cremains of their loved-ones to Plaintiffs;
201. MEGAN HESS, SUNSET MESA and MESA FUNERAL SERVICE made these
representations but did not perform the promised cremations or return the deceased’s cremains.
202. Such deceptive practices by these Defendants significantly impacts the public and
potential consumers of funerary and cremation services.
203. As a direct and proximate result of Defendants’ deceptive practices, Plaintiffs have
suffered, and continue to suffer, severe emotional distress, physical injuries, economic and general
damages.
CLAIM NINE – COLORADO ORGANIZED CRIME CONTROL ACT

(Against SELLER DEFENDANTS and ABETTING DEFENDANTS)
205. Colorado law allows for a private cause of action for racketeering. C.R.S § 18-17-106(7)
provides that: Any person injured by reason of any violation of the provisions of section 18-17-104 shall
have a cause of action for threefold the actual damages sustained and the cost of suit, including
reasonable attorneys’ fees for trial and appellate representation. Plaintiffs have sustained injury, as well
45
as economic and general damages as a direct and proximate result of SELLER DEFENDANTS’ and
ABETTING DEFENDANTS’ pattern of racketeering.
206. At all relevant times, SELLER DEFENDANTS and ABETTING DEFENDANTS have
been involved in the above-described on-going fraudulent business scheme to acquire dead human
bodies and body parts to sell for profit.
207. On information and belief, Defendant MEGAN HESS will plead or be convicted of
violations of federal and state penal codes in connection with her activities as part of the above-
referenced fraudulent business scheme.
208. At all relevant times, SELLER DEFENDANTS and ABETTING DEFENDANTS have
been knowingly receiving proceeds derived from the above-mentioned pattern of racketeering and
investing those proceeds in the establishment or operation of their respective business enterprises,
including the acquisition of title to real property.
209. Plaintiffs and each of them have been injured by the conduct of these enterprises by
racketeering.
PRAYER FOR RELIEF
WHEREFORE, having fully plead the allegations and claims herein, Plaintiffs respectfully pray
that they have judgment entered against Defendants, and each of them, and for an award of damages as
follows:
1. For compensatory damages for pain and suffering, mental and emotional distress, anxiety
and all other general damages alleged and proven at trial;
2. For special damages proven at trial;
3. For disgorgement of funds by which Defendants have been unjustly enriched;
4. For treble damages where appropriate and authorized;
5. For recovery of expert witness fees;

46
6. For recovery of attorneys’ fees;
7. For recovery of costs incurred in investigating these claims;
8. For costs incurred by the suit herein;
9. For pre-judgment interest;
10. For post-judgment interest;
11. For statutory penalties authorized by law;
12. For all such other and further relief, at law or in equity, to which Plaintiffs may be entitled.
JURY DEMAND
Plaintiffs demand a trial to a jury of six (6) on all issues so triable.
Respectfully submitted and dated June 30, 2019.
BURG SIMPSON
ELDREDGE HERSH & JARDINE, P.C.
/s/ David K. TeSelle

David K. TeSelle, Reg. No. 29648
Michael S. Burg, Reg. No. 7143
Holly B. Kammerer, Reg. No. 21752
Dan Ernst, Reg. No. 53438
40 Inverness Drive East
Englewood, Colorado 80112
Telephone: (303) 792-5595
Facsimile: (303) 708-0527
E-Mail: dteselle@burgsimpson.com
E-Mail: mburg@burgsimpson.com
E-Mail: hkammerer@burgsimpson.com
E-Mail: dernst@burgsimpson.com
Attorneys for Plaintiffs
47
Plaintiffs Addresses:
Maria Abachiche
1065 Chipeta Ave.
Montrose, CO 81403
Filiberto Abachiche
1065 Chipeta Ave.
Montrose, CO 81403
Glenda Allen
131 Modesto Ave
Modesto, CA 95354
Michael Allen
16540 6400 Road
Montrose, CO 81403
Karen Anderson
469 & ½ Seckel Street
Clifton, CO 81402
Robert Barnes
707 N. 1st Street
Montrose, CO 81401
Chestina Blews
3154 Glenham Drive
Grand Junction, CO 81504
Connie Burch
6118 Edith Blvd. NE, #74
Albuquerque, NM 87107
Rick D’Ambrosio
61610 Tres Coyotes Trail
Montrose, CO 81401
Cynthia Falls
8050 Juniper Road
Colorado Springs, CO 80908
Trudy Fuller
29011 Hwy 491
48
Yellow Jacket, CO 81335
Teresa Gilliam
251 Bristle Cone Drive
Montrose, CO 81403
Joni Gorman
7808 E 139th Place
Thornton, CO 80602
Thomas Gorman
7808 E. 139th Place
Thornton, CO 80602
Julie Gower
2005 Bradford Drive
Montrose, CO 81401
Debbie Greenlee
5473 Sunridge Road
Delta, CO 81416
Patrick Hallacy
13235 – 6650 Road
Montrose, CO 81401
Howard Holgage
3536 Pinnacle Drive
Cary, NC 27518
Dan Huisjen
20566 Tulip Circle
Montrose, CO 81403
Lisa Huisjen
20566 Tulip Circle
Montrose, CO 81403
Joanne Lowe
238 Crossroads Circle
Montrose, CO 81401
David Lyons
1177 Schrader Ave.
Craig, CO 81625
Brenda Lyons
49
1177 Schrader Ave.
Craig, CO 81625
Sharon Main
258 N. Equestrian Way
Prescott, AZ 86303
Kevin McGrath
PO Box 833
Delta, CO 81416
Jimmy Quintana
16935 Prairie Ave. #22
Torrance, CA 90504
Dawn Rehr
500 A Street
Delta, CO 81416
Theresa Rice
3635 Knoll Lane #181
Colorado Springs, CO 80917
Scott Schroeder
626 River Park Drive
Ridgway, CO 81432
Cindy Scott
13235 – 6650 Road
Montrose, CO 81401
Londa Sessoms
3107 F Road
Wendy Shull
67166 Borough Drive
Montrose, CO 81401
Wayne Simpson
18801 Sims Mesa Road
Montrose, CO 81403
Lisa Wabel
233 Alice Court
50
Ellie young
737 S. 7th Street
Montrose, CO 81401
Arlene Zwiefelhofer
459 Earle Lane
Montrose, CO 81403
51
52

Lisa Wabel, Et Al., v. Megan Hess, Et Al.

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Lisa Wabel, Et Al., v. Megan Hess, Et Al.

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DISTRICT COURT, MONTROSE COUNTY, COLORADO

Court Address: 1200 N. Grand Ave.

DATE FILED: June 30, 2019 3:26 PM

Defendants: MEGAN M. HESS, as an individual and as alter-ego

COMPLAINT AND JURY DEMAND

INTRODUCTION AND GENERAL ALLEGATIONS

their loved-ones’ “cremains”.

same location and under the same ownership.

including SOUTHWEST INSTITUTE FOR BIO-ADVANCEMENT (“SWIBA”), INNOVED

(“M.D. GLOBAL”), AMERICAN PLASTINATION COMPANY (“AMERICAN PLASTINATION”),

been sold to BODY-BUYER DEFENDANTS.

8. Colorado’s Revised Uniform Anatomical Gift Act (“UAGA”), at C.R.S. § 15-19-210

lawfully and ethically donated and UAGA compliant.

10. On information and belief, RETRIEVER FREIGHT SERVICES, LLC (“RETRIEVER”)

parts of Plaintiffs’ loved-ones to the BODY-BUYER DEFENDANTS.

ALAN KOCH and HESS and profit from that business.

13. On information and belief, BODY-BUYER DEFENDANTS knew, acted in reckless

and profit from that business.

required by statute. Yet BODY-USER DOES continued to do business with BODY-BUYER

DEFENDANTS and profit from that business.

cadavers financed a family trip to Disneyland.

at the Sunset Mesa Funeral Home.

consent of decedents or their families.

nursing homes alert the Coroner in every instance of death.

services for the deceased.

employees to provide transport of the deceased in Coroner’s Cases.

SUNSET MESA’s was the first funeral home to contact Plaintiffs.

all, Coroner’s cases to Sunset Mesa.

closed by State authorities on February 12, 2018.

around Montrose County.

33. In some of herein Plaintiffs’ cases, HOPEWEST recommended SUNSET MESA’s

cremation services to Plaintiffs, and as a result of their reasonable reliance on HOPEWEST’s

recommendation, Plaintiffs’ loved-ones were transferred to SUNSET MESA.

families to HESS and SUNSET MESA for their own gain.

36. MESA FUNERAL SERVICE, LLC (“MESA” or “MESA FUNERAL SERVICE”)

an Order summarily shutting down Sunset Mesa Funeral Home.

a. Returning cremains composed of concrete to decedent JE’s next-of-kin in February 2014;

b. Returning cremains composed of concrete to decedent FC’s next-of-kin in March 2015;

d. Maintaining bags of dry concrete/cement at the funeral home;

e. Failing to maintain required cremation records at the funeral home.

GLOBAL, AXOGEN, AMERICAN PLASTINATION, GAP and MEDCURE.

and the provenance of their loved-ones remain unknown.

are no documents of anatomical gift as required by law.

HESS and SUNSET MESA and profit from that business.

said bodies and body-parts and profited from those procurements.

sold rather than cremated.

49. All of the foregoing allegations are hereby incorporated by reference.

person and, on information and belief, resides in Montrose County, Colorado.

Montrose County, Colorado.

Montrose County, Colorado.

transportation entity doing business in Colorado.

55. Defendant THOMAS M. CANFIELD, M.D. (“CANFIELD”) is a natural person and, on

as the Montrose County Coroner.

56. Defendant MESA FUNERAL SERVICE, LLC (“MESA” or “MESA FUNERAL

57. Defendant HOPEWEST (“HOPE WEST”) is a Colorado nonprofit corporation licensed

at 3090 North 12th Street #B, Grand Junction, Colorado 81506.

58. Defendant RETRIEVER FREIGHT SERVICES, LLC (“RETRIEVER”) is a Colorado

Avenue, Grand Junction, Colorado 81501.

59. Defendant SOUTHWEST INSTITUE FOR BIO-ADVANCEDMENT (“SWIBA”) is an

60. Defendant INNOVED INSTITUTE, LLC (“INNOVED”) is a Delaware limited liability

located at 15600 E. 19th Place, Aurora, Colorado 80011.

62. Defendant AXOGEN CORPORATION (“AXOGEN”) is a Delaware corporation.

63. Defendant AMERICAN PLASTINATION COMPANY (“AMERICAN