CAÑON CITY — Despite all charges being dismissed against Barry Morphew in the death of his wife, Suzanne, prosecutors will still have the ability to re-file charges at a later date.
How is this possible?
Since the case was "dismissed without prejudice," a prosecutor or petitioner is not necessarily precluded from re-filing the case at a later point in time, especially if there's new evidence.
Had the case been "dismissed with prejudice," a prosecutor cannot legally re-file the same claim again in court.
There is no statute of limitations to file murder charges in Colorado.
The court has dismissed the murder case against Barry Morphew after the prosecution filed a motion to dismiss the case Tuesday.
The defense says the motion to dismiss says that the prosecutors have the possible location of the body of Suzanne Morphew, but that the location is too snowed in to search.
Morphew is accused of murdering his wife Suzanne Morphew in May 2020.
Suzanne Morphew, 49, went missing on May 10, 2020, from the Maysville area in Chaffee County after going out for a bike ride and never returning.
Her disappearance sparked several searches in the following months, including more than 135 search warrants executed by investigators.
On May 17, 2020, Barry Morphew posted a video on a Facebook page set up to share updates on the search for Suzanne, pleading for her safe return.
Nearly a year to the day following her disappearance, Barry Morphew was charged with first-degree murder after deliberation, tampering with physical evidence and an attempt to influence a public servant, according to court documents.