DENVER (KDVR) — Barry Morphew is no longer charged with murdering his wife Suzanne Morphew.

The case was dropped Tuesday, but prosecutors can re-file charges against Barry in the future. After nearly two years’ worth of investigating, detectives believe they’re close to finding Suzanne’s body.

Suzanne’s disappearance was realized on Mother’s Day of 2020. One year later, and now, nearly one year ago, Barry was arrested. A planned trial is now off the calendar.

Suzanne Morphew is still missing – what could happen next?

James Allbee, a 10-year veteran of Colorado law enforcement and a current private investigator, has been following the case. He said dismissing the case without prejudice is important.

“At least they can re-file if, for some reason, something ends up coming up,” Allbee said. “I fully anticipate and expect that they’re going to continue to work this case and come back even more solid.”

Absent a body, Allbee said there needs to be strong testimony and/or physical evidence to get a jury to find guilt beyond a reasonable doubt. Allbee referenced the Kelsey Berreth case, where prosecutors had concrete evidence to convict her fiancé Patrick Frazee. Kelsey’s body has never been found.

Much of the Morphew evidence has been circumstantial, Allbee explained. That evidence included texts from Suzanne to a friend confiding about problems at home, cell phone tracking showing Barry’s whereabouts and tranquilizer dart materials. Investigators believe Barry shot Suzanne with a tranquilizer dart before a struggle and then, they believe he killed her.

Allbee said victory in a civil case is more likely at the moment where the burden of proof is “more likely than not.”