With Suzanne Morphew's Body Found, Prosecutors Can Re-File Charges Against Husband Barry
Suzanne Morphew's remains were found on Sept. 22, more than three years after she vanished during a bike ride near her home on May 10, 2020
Chaffee County Sheriff's Office8BIM
Suzanne MorphewNow that investigators have found the body of Suzanne Morphew, a Colorado mother of two who vanished during a bike ride near her home three years ago, charges being refiled in the case is possible.
The mystery of the 49-year-old’s disappearance began on Mother’s Day on May 10, 2020, in Maysville, Colo., where she lived with her husband, Barry Morphew, and their two daughters, PEOPLE previously reported. While her bike and helmet were recovered during searches, her body remained missing — until last week’s discovery in Saguache County by authorities who were out investigating an unrelated case.
While this is the most significant development in the case, it has hardly remained stagnant throughout the years. About a year after Suzanne disappeared, prosecutors accused Barry of murdering his wife and charged him with first-degree murder, tampering with physical evidence and attempting to influence a public servant, PEOPLE previously reported.
Related: Remains of Suzanne Morphew, Colorado Mom Last Seen 3 Years Ago, Found
In August 2020, before his arrest, Barry spoke to FOX 21, stating that his wife's disappearance was "the most devastating thing that has ever happened to me."
Barry pleaded not guilty and his trial was set to begin in April 2022, but Assistant District Attorney Linda Stanley dropped the charges “without prejudice.” This means that charges can be re-filed against Barry at a later time.
In the motion, prosecutors said that they believed they were close to finding Suzanne's body and that they “have a good faith reason to believe further investigation into this matter is essential to answering the most consequential question presented by this case.”
Before the charges were dismissed, prosecutors laid out a case against him in an 129-page affidavit, which was previously reviewed by PEOPLE.
During one conversation in January 2021, authorities told Barry that his wife had been involved in an affair for nearly two years before she disappeared. In response, Barry allegedly told investigators that "maybe in God's eyes this was his way of resolving something,” according to the affidavit.
Related: Barry Morphew Pondered Whether Wife Suzanne's Disappearance Was Divine Intervention: Affidavit
"I've had a very hard time understanding why God did this," he continued, according to the affidavit. "But if I would have known this from the beginning, I wouldn't had to suffer for nine months, not knowing why God did what he did. I'm not saying he did it to punish Suzanne because of her affair, but it makes more sense than what I knew before you guys came today."
In the affidavit, investigators alleged that Barry tried to "hunt and control Suzanne like he had hunted and controlled animals" after she insisted on leaving him.
Chaffee County Sheriff's Office
Barry MorphewFollowing the arrest and dropped charges last year, Barry and the couple’s two daughters spoke out for the first time with ABC News to discuss Suzanne’s disappearance.
Barry explained, "They've [prosecutors] got tunnel vision and they looked at one person and they've got too much pride to say they're wrong and look somewhere else." He added, "I don't have anything to worry about. I've done nothing wrong."
"I just hope that Linda [the assistant district attorney] will step up to the plate and do everything she can to find our mom," Mallory said. "Because what they've done is not fair and we're never going to stop looking for our mom."
Morphew's attorney, Iris Eytan, told PEOPLE in 2022 — before Suzzane's body was found — that she doesn't believe prosecutors will refile charges.
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"What they said in their motion to dismiss was that they need a body; after two years' time, that's what they think they need now, after they put Mr. Morphew through this hell," she said. “They might find Suzanne, but I'll tell you what — it's not gonna be linked to Mr. Morphew," she added.
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A spokesperson for the Colorado Judicial Department tells PEOPLE that as of Thursday, "the Court does not have any open cases related to this matter." The spokesperson added that if a filing is made and a case is opened, any information on upcoming hearings will be shared on the CJD's social media pages.
In a statement obtained by PEOPLE on Wednesday, Eytan said, “Barry is with his daughters and they are all struggling with immense shock and grief after learning today that their mother and wife whom they deeply love was found deceased. They had faith that their wife and mom would walk back into their lives again. The news is heartbreaking.”
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