The husband of missing mom Suzanne Morphew will be released on bond - despite being sent to trial on charges of first degree murder and tampering with a dead body, a Colorado judge has ruled.
Barry Morphew, 53, was in court in Salida, Colorado, to hear closing arguments from the prosecution who said Suzanne's 'road to being murdered' began when she told him she wanted a divorce days before she vanished and described it as 'a domestic violence homicide'.
Prosecutors also revealed Suzanne had texted her sister Melinda the day before she vanished on May 10 to complain Morphew was 'physically and emotionally abusive' towards her.
Barry Morphew, 53, is to go on trial for the murder of his wife Suzanne next May
Cadaver dogs are brought back to the scene where Chaffee County Sheriff's officers, FBI and CBI were searching for Suzanne Morphew last May
Morphew sat impassively through the closing arguments and barely reacted when Judge Patrick Murphy announced his decision, telling court that he did see 'probable cause' for both first degree murder charges and a trial.
Judge Murphy also emphasized texts from Suzanne saying she felt 'unsafe' with Morphew and said his discovery of her affair amounted to a credible motive for murder.
He also said the court 'can confirm' that Morphew disposed of his wife's bike helmet - which was found close to the Garfield Mine - and questioned why he drove 150 miles that Sunday morning for a job that couldn't begin until the following day.
Morphew, who was wearing a light gray suit and cowboy boots for the hearing, will now be processed for release until the trial begins which has been scheduled to begin next May lasting for about one month.
The decision to set bond was opposed by the prosecution who asked for it to be $10m cash only - citing his lack of ties to Colorado and cash assets of approximately $3m following the sale of his Salida home and business.
In this still image from video, Barry Morphew, center, appears in court in Salida, Colorado earlier in the year
Morphew (pictured in court last May) will be released on Monday but will have to wear an ankle monitor as a condition of his release and will be forced to stay in Chaffee county
Judge Murphy eventually decided to set bond at $500,000 cash and agreed to the prosecution's request for him to be monitored by the police and to be forced to surrender his guns.
He denied the defense's request for Morphew to be allowed to live in Gunnison while he awaits trial and banned him from contacting any of the witnesses.
Morphew will now be released on Monday but will have to wear an ankle monitor as a condition of his release and will be forced to stay in Chaffee county as well as being made to attend every hearing in person.
Mom-of-two Suzanne, 49, disappeared on Mother's Day 2020 and was reported missing when daughters Mallory, 21, and Macy, 17, were unable to get hold of her.
Morphew made a tearful video plea for her return shortly after she vanished but was arrested on a first degree murder charge in May.
Pictured, Garfield mine near Morphew's home where it is believed that Barry dumped evidence
Barry's mother Shirley, 75, was seen wiping away tears as she left court with her granddaughters (foreground) and another woman on the last day of preliminary hearings last month
He also faces one count of tampering with human remains and another of voter fraud, after he cast a ballot for President Trump in his wife's name during last year's election.
Prosecutors told the court that they believe Morphew killed his wife on the night of May 9 and could have disposed of her body at the remote Garfield Mine, 12 miles from Salida.
Exclusive DailyMail.com photos show the pitted remains of the former lead mine which sits 10,000ft above sea level and still retains a set of crumbling wooden buildings.
In police interviews, Morphew admitted driving close to the turn-off to the mine in the early hours of May 10 – but claimed he had done so because he had spotted a bull elk.
Barry and Suzanne's adult daughters Mallory (left) and Macy (right) - who reported their mother missing on Mother's Day 2020 - are seen
