On Tuesday, a Colorado judge dismissed first-degree murder charges against the husband of Suzanne Morphew, who has been missing since May 2020 and is presumed dead.

KKTV reported that prosecutors filed the motion to dismiss the case against Barry Morphew. However, the murder charge was dismissed without prejudice — meaning it can be refiled at a later date.

Barry’s wife, Suzanne Morphew, 49, reportedly vanished during a bike ride in Chaffee County. An April 2021 warrant declared her as deceased, with Colorado State Police saying they believe Barry Morphew killed her on May 9, 2020, after she asked for a divorce, according to The Herald Bulletin.

Barry Morphew was arrested in connection with his wife’s presumed murder in May 2021. In addition to first-degree murder, he is charged with tampering with a deceased human body, tampering with physical evidence, possession of a dangerous weapon, and attempting to influence a public servant. His trial was set to begin on April 28.

However, prosecutors asked for the case to be dismissed. They claimed they are close to finding Suzanne Morphew’s body, but the weather and snowpack are preventing them from searching. They wrote in their latest motion that they have zeroed in on a “remote and mountainous” area near the Morphews’ home which is currently covered by five feet of snow, according to KUSA.

During an April 8 hearing, the judge barred 12 of the prosecution’s 14 witnesses from testifying as expert witnesses. Prosecutors wrote in Tuesday’s motion that some of their strongest evidence — phone and GPS data in addition to truck data — was also excluded from Barry Morphew’s upcoming trial.

The Chaffee County Sheriff’s Office has declined to comment on the latest news but said they will continue to provide updates relevant to this case.

This story is developing…

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[Featured image: Barry and Suzanne Morphew]

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