Found Deceased CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *Case dismissed w/o Prejudice* #103

DNA Solves
DNA Solves
DNA Solves

New Posts

Status
Not open for further replies.
CGray123 said:
The charge of misleading the officials investigating SM's murder and disappearance was part of the murder case, and it was dismissed on the DA's request. If there was a misleading officials charge in the separate vote fraud/forgery case, I never saw it.
Click to expand...
I always wondered if the media outlet that reported that third charge made a mistake. The influencing just didn't "fit" since it specifically named the 8 people he was accused of influencing and they were all associated with the murder case and I didn't understand how they could severe it and return it to Chaffee added to the voter fraud case.
 
Momofthreeboys said:
Well like it or not, it went pretty much as I guessed:



Lauren Scharf
@LaurenScharfTV

SENTENCING: #BarryMorphew agreed to deferred sentence to 1 year, supervised probation. No jail time. “I believe there should be some sort of punishment,” Judge Murphy said. 32 hours of community service and he can do it in Denver, not Chaffee Co. if he wants.


11:29 AM · Jul 21, 2022·Twitter for iPhone
Click to expand...
It was going to be something like this or a straight up plea to a misdemeanor voting charge - which would not have interfered with his gun rights. Also, monitored probation with public service involves payment of costs and is a burden on his freedom. And, if he violates probation terms he gets sentenced for the felony forgery. So, its a little tougher than I thought it would be. I'm not as confident as others BM will be able to comply with the conditions for a year, but he may. If he does, the court will allow him to withdraw his plea and will dismiss the case. But it will stay on his record unless he takes further steps.

Here's attorney H. Michael Steinburg's take on deferred sentence deals.

Here's the statute providing for deferred judgment:

Colorado Revised Statutes § 18-1.3-102. Deferred sentencing of defendant​

Current as of January 01, 2019 |

(1)(a) In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and his or her attorney of record and the district attorney, to continue the case for the purpose of entering judgment and sentence upon the plea of guilty for a period not to exceed four years for a felony or two years for a misdemeanor or petty offense or traffic offense.  The period shall begin to run from the date that the court continues the case.

(b) The period may be extended for an additional time:

(I) Up to one hundred eighty-two days if the failure to pay restitution is the sole condition of supervision which has not been fulfilled, because of inability to pay, and the defendant has shown a future ability to pay.  During such time, the court may place the defendant under the supervision of the probation department;  or

(II) Up to two years if the deferred judgment is for an offense listed in section 16-11.7-102(3), C.R.S ., good cause is shown, and the district attorney and defendant consent to the extension.

(2) Prior to entry of a plea of guilty to be followed by deferred judgment and sentence, the district attorney, in the course of plea discussion as provided in sections 16-7-301 and 16-7-302, C.R.S ., is authorized to enter into a written stipulation, to be signed by the defendant, the defendant's attorney of record, and the district attorney, under which the defendant is obligated to adhere to such stipulation.  The conditions imposed in the stipulation shall be similar in all respects to conditions permitted as part of probation.  A person convicted of a crime, the underlying factual basis of which included an act of domestic violence, as defined in section 18-6-800.3(1) , shall stipulate to the conditions specified in section 18-1.3-204(2)(b) .  In addition, the stipulation may require the defendant to perform community or charitable work service projects or make donations thereto.  Upon full compliance with such conditions by the defendant, the plea of guilty previously entered shall be withdrawn and the charge upon which the judgment and sentence of the court was deferred shall be dismissed with prejudice.  The stipulation shall specifically provide that, upon a breach by the defendant of any condition regulating the conduct of the defendant, the court shall enter judgment and impose sentence upon the guilty plea;  except that, if the offense is a violation of article 18 of this title, the court may accept an admission or find a violation of the stipulation without entering judgment and imposing sentence if the court first makes findings of fact on the record stating the entry of judgment and sentencing would not be consistent with the purposes of sentencing, that the defendant would be better served by continuing the deferred judgment period, and that public safety would not be jeopardized by the continuation of the deferred judgment.  If the court makes those findings and continues the deferred judgment over the objection of the prosecution, the court shall also impose additional and immediate sanctions upon the defendant to address the violation, to include, but not be limited to, the imposition of further terms and conditions that will enhance the likelihood of the defendant's success, respond to the defendant's noncompliance, and promote further individual accountability, including extending the time period of the deferred judgment for up to two additional years or incarceration in the county jail for a period not to exceed ninety days consistent with the provisions of section 18-1.3-202(1) , or both.  When, as a condition of the deferred sentence, the court orders the defendant to make restitution, evidence of failure to pay the restitution shall constitute prima facie evidence of a violation.  Whether a breach of condition has occurred shall be determined by the court without a jury upon application of the district attorney or a probation officer and upon notice of hearing thereon of not less than seven days to the defendant or the defendant's attorney of record.  Application for entry of judgment and imposition of sentence may be made by the district attorney or a probation officer at any time within the term of the deferred judgment or within thirty-five days thereafter.  The burden of proof at the hearing shall be by a preponderance of the evidence, and the procedural safeguards required in a revocation of probation hearing shall apply.

(3) When a defendant signs a stipulation by which it is provided that judgment and sentence shall be deferred for a time certain, he or she thereby waives all rights to a speedy trial, as provided in section 18-1-405 .

(4) A warrant for the arrest of any defendant for breach of a condition of a deferred sentence may be issued by any judge of a court of record upon the report of a probation officer, or upon the verified complaint of any person, establishing to the satisfaction of the judge probable cause to believe that a condition of the deferred sentence has been violated and that the arrest of the defendant is reasonably necessary.  The warrant may be executed by any probation officer or by a peace officer authorized to execute warrants in the county in which the defendant is found.
 
Last edited:
Momofthreeboys said:
Well like it or not, it went pretty much as I guessed:



Lauren Scharf
@LaurenScharfTV

SENTENCING: #BarryMorphew agreed to deferred sentence to 1 year, supervised probation. No jail time. “I believe there should be some sort of punishment,” Judge Murphy said. 32 hours of community service and he can do it in Denver, not Chaffee Co. if he wants.


11:29 AM · Jul 21, 2022·Twitter for iPhone
Click to expand...
I wonder what behavior will violate this "deferred sentence" plea? If he is caught with a weapon in his possession during the next 12 months, is the deal off and what is his punishment then?
 
Momofthreeboys said:
For a year! And he gets to participate muzzle season and archery season so September into mid-October so not really Robin Hook LOL if you've seen hunting bows and arrows. And that is a deferred sentence....wow....means if he continues to not break probation this year as he has the past two years he won't even have that charge on his record. Sweet plea deal. I'd hire this lawyer in a heartbeat if I was in trouble and had the $$. I shouldn't be surprised...but I am slightly.
Click to expand...
I think any attorney could get this deal. This was a first time offense. He's a big game hunter, so I can't imagine a muzzle loader is his weapon of choice...
 
Momofthreeboys said:
It is said that Barry doesn't drink. Why do you think he's drinking after all these decades? He's at that age where bags do start in men and women.
Click to expand...
And you believe Barry when he says he “doesn’t drink?” After ALL the lies he is known to have told?? LOL! Didn’t they find beer bottles in the dumpster with HIS DNA on them? MOO
 
California Dreamin’ said:
And you believe Barry when he says he “doesn’t drink?” After ALL the lies he is known to have told?? LOL! Didn’t they find beer bottles in the dumpster with HIS DNA on them? MOO
Click to expand...
And wasn't that one of the things that the Defense wanted excluded from the trial - the beer bottles? Indicates that he does drink IMO.
 
Megnut said:
So....I guess you can vote twice in Chaffee County?

JMO
Click to expand...
Well, I'd say not.

The vote of SM was not counted.

Barry had to defend more serious charges than are typical in these cases, at an expense of $30,000.00 - $50,000.00.

As it stands, Barry is guilty of felony forgery, awaiting sentence and subject to monitored probation and public service requirements. If he steps out of line during the probation period he'll be sentenced for the forgery. And, since felons can't possess certain weapons, his handguns, shotguns, and hunting rifles go away.

These are more severe consequences than I expected for a stand alone vote fraud case. MOO.
 
Too bad Barry didn't consider what Suzanne wanted to do with her life. I think a lifetime ban on using weapons might just hurt him more than being in jail. Having the freedom, but not having freedom seems like what he sentenced Suzanne to for all these years and then he snuffed her out so he can never do the things she loves again. Small victory that he didn't get his wife to use all his firearms to hunt this upcoming hunting season. With any luck he will be back in jail for Suzanne's murder before he even gets the chance to hunt with a muzzleloader or bow.
 
Seattle1 said:
I wonder what behavior will violate this "deferred sentence" plea? If he is caught with a weapon in his possession during the next 12 months, is the deal off and what is his punishment then?
Click to expand...
I would think if he violates his probation he is back in court for violating probation and I am guessing the offense would stay on his record. If he keeps to the terms of his probation for a year the offense is off his record. Sounds like he needs to get hunting cleared with his probation officer so for me that seems like a minor detail. We don't know what other conditions were put in place for the probationary period.
 
I think Barry is just Barrying, with the shiny veneers and the frosted tips and the Bobcat that he carried around like a purse. Glad he is least a little inconvenienced in his hunting, cause that’s what he loves more than anything else. It would be lovely if Suzanne was found before his term of probation is up. My dream scenario is where he goes back to the Sheriff’s Department to pick up his guns after completing his probation, and the whole old crew-Spezze, Grusing, Linda Stanley, are all there to arrest him again.
 
Status
Not open for further replies.

DNASolves

Who is DeKalb County John Doe (2022)?

Members online

... and 130 more.
Total: 3,039 (members: 131, guests: 2,908)

Online statistics

Members online
131
Guests online
2,908
Total visitors
3,039
Totals may include hidden visitors.

Forum statistics

Threads
603,176
Messages
18,153,258
Members
231,668
Latest member
vanamburga
Back
Top