PE COUNTY, COLORADO | COMBINED COURTS, CHAFI Court Address: 142 Crestone Avenue, Salida, Colorado Plaintiff: The People of the State of Colorado | Defendant: Barry Lee Morphew Case Number: Attomey for Plaintiff CCSO 20000911 Name: Linda Stanley, District Attorney, Eleventh | ACLS Judicial Distriet Div: Cum: Address: 104 Crestone Ave., Salida, CO 81201 Phone Number: (719)539-3563 Fax Number: (719)539-3565 Atty. Reg. #45298 t WARRANT FOR ARREST OF DEFENDANT UPON AFFIDAVIT — NAME: Barry Lee Morphew DOB: 10/17/1967 PHYSICAL DESCRIPTION: 5” 19”, 190 Ibs, Blue eyes, Blonde hair SOCIAL SECURITY: « OLN: Colorado ADDRESS: 1026 Poncha Springs Lane, Poncha Springs, Colorado 81242 AGENCY: Chaffee County Sheriff's Office ‘TO: Any person authorized by law to execute warrants within the State of Colorado: You are hereby commanded to arrest BARRY LEE MORPHEW and take him without unnecessary delay before the nearest judge of a court of record to be advised of the criminal charges that have been or may be filed, to-wit: CRS/CHARGE: 18-3102 (1), (a) Murder in the First Degree, a class 1 Felony, 18-8-610 ‘Tampering with Physical Evidence, a class 6 Felony, 18-8-306, Attempt to Influence a Public Servant, a class 4 Felony. I Pros b Bail fixed by the Court in the amount of: No Bond pursuant to C.R.S. }4-4-101(1}(a)STATE OF COLORADO ) )ss._ RETURN O1 COUNTY OF CHAFFEE ) I duly served the within warrant by arresting as required therein, on 2021 ERVICE Sheriff/Officer| COMBINED COURTS, CHAFFEE COUNTY, COLORADO | Court Address: 142 Crestone Avenue, Salida, Colorado 81201 The People of the State of Colo | Defendant: Barry Lee Morphen Attomey for Plaintiff: Name: Linda Stanley, District Attomey, Eleventh Judicial District, Address: 104 Crestone Ave., Salida, CO 81201 | Phone Number: (719)530-3563 | Fax Number: (719)539-3565 | Atty. Reg. # 45298 I Case Number [ _ AFFIDAVIT FOR ARREST WARRANT 20000911 Crm, The undersigned, being duly sworn, deposes and swears that this Affidavit is made in support of an application for an ARREST WARRANT for Barry Lee Morphew, age 53 (date of birth, DOB, 10/17/1967). Your affiant is investigating the disappearance and murder of Suzanne Renee Morphew, age 49 (DOB 04/30/1971) who was reported missing on May 10, 2020 from their residence, 19057 Puma Path, unincorporated Chaffee County, Salida, Colorado.! Based upon the interviews, information and evidence collected to date, Suzanne's husband, Barry, violated Colorado Revised Statutes (CRS) § 18-3-102 I(a) by committing Murder in the First Degree, §18- 8-610 Tampering with Physical Evidence, and § 18-8-306 Attempt to Influen and took affirmative steps to conceal the murder in the months following, a Public Servant, ‘Your Affiant informs this Court that he is the Chief Investigator for the 11® Judicial District Attomey’s Office and has been employed with this office since January 2007 and has investigated missing person(s) and homicide matters. Your Affiant has been assigned to assist in the investigation of the case described herein below. Your Affiant has knowledge of is investigation from Chaffee County $ eriff's Office (CCSO), Agents with the Colorado Bureau of Investigation (CBD, Special Agents with Federal Bureau of Investigation (FBI) and my personal investigation. Your Affiant further states that from inves tion to date, all incidents described herein occurred in the county of Chaffee and within the state of Colorado. Suzanne took clear, articulable steps in January 2020 in attempts to separate from and divoree her husband, Barry. She told her family and close friends about her intentions, secretly recorded her notes of abuse in her phone because Barry monitored it, confronted Barry in arguments that she secretly recorded with help from a friend and, finally, sent him a text four days before she disappeared saying that she was “done, let's handle this civilly.” Barry, however, initially represented to invest igators from CBI, FBI and CCSO that his marriage with Suzanne was “perfect,” and she had no intention of leaving him. Barry’s statements about his actions on the days before and after Suzanne's disappearance have been proven to be false and misleading by this investigation. Barry knowingly destroyed evidence that his relationship with Suzanne was deteriorating and that he was involved in her disappearance and homicide, Suzanne's bicycle and helmet were | Barry and Suzanne have two daughters: aang gg. eomng, OB & and ¥, DOB — > Page 1 of 129recovered close to the Morphew residence, discarded before Barry left town in the early morning hours of May 10, 2020. The investigation to date indicates that these items were not indicative of an accident, an animal attack, Suzanne being a runaway, Suzanne committing suicide, or Suzanne being the vietim of a stranger abduction. All records checks available to the FBI and local law enforcement indicate as of April 30, 2021, that Suzanne has not used a credit card, nor her social security number, nor has she been. contacted by law enforcement, not flown in an airplane, not crossed a national border, not established utilities oF housing, nor otherwise continued in her normal pattern of life for over 355 days. Based upon legal supposition, Suzanne Morphew, based on this lack of proof of life, is deceased (People v. Scott, 176 Cal. App.2d 458), Within a month or so of Barry moving Suzanne and their daughter from Indiana to Colorado in April 2018, Suzanne sent a Facebook message of “Howdy stranger,” to her high school friend, Jeff Libler. Suzanne and Libler, who resides in Michigan, began communicating regularly through 2018 and ‘eventually began meeting each other in 2019, Suzanne travelled to meet him in New Orleans, Indianapolis, Dallas, Michigan and Florida, where they eventually had consensual sex. By September 2019, Barry took clear steps to determine if Suzanne was having an affair by stalking her at their own residence in Salida, Colorado, as witnessed by Suzanne’s closest friend, Sheila Oliver. In January 2019, Barry took Suzanne’s phone from her when they were in a resort in Mexico while she was talking to Libler, but he was unable to determine Libler’s identity. On May 8, 2020, Suzanne saved in the “Notes” section of her phone that Barry accused her of having a boyfriend on May 6, 2020. On May 9, 2020, Suzanne's last proof-of-life occurred in the 2:00 PM hour when she was messaging Libler with a “selfie” while Barry returned to the residence. Suzanne did not respond to Libler’s retum messages at 2:44 PM and 2:46 PM, the same time Barry admitted to running around their property with a gun and placing his phone in Airplane Mode at 2:47 PM. The computer activity (telematics) from Barry’s Ford F350, the activity of his cell phone and statements he made to law enforcement in multiple interviews confirm that from 2:47 PM on May 9, 2020 until 5:37 ‘AM on May 10, 2020, he took steps to dispose of evidence of Suzanne's disappearance and death, create a false alibi for himself and stage a crime scene, In recent months, following the presentation of evidence by FBI Agents to Barry, he has changed critical details about his activities in the 2:00 PM hour on May 9 in attempts to match the evidence. Since January 2021, Barry has admitted to: chasing a chipmunk with a gun around the house while Suzanne was outside sunbathing, shooting a deer with a tranquilizer dart to explain a dart or needle cap in the dryer, disposing of the tranquilizer solution during his trip to Broomfield, following a bull elk down Highway 50 in the 4:00 AM hour on May 10" to explain why his truck would be headed west (where the helmet was discarded), and finally stating to the FBI on April 22, 2021 that he looks guilty from the evidence and God allowed these things to happen. Barry's involvement in Suzanne's disappearance and death can be organized into the initial scene and interviews (Section 1); Suzanne’s affair and her attempts to leave him (Section 2); Barry's early statements to CBI from May through June 2020 (Section 3); the evidence recovered by law enforcement (Section 4), witness statements (Section 5); and Barry’s statements to the FBI in 2021, wherein he tangentially describes what happened to Suzanne when he is shown evidence in the case (Section 6). ‘The following case synopsis was prepared for this affidavit by your affiant, with the assistance of FBI Special Agent (SA) Jonathan Grusing. This affidavit was edited and reviewed by SA Kenneth Harris and CBI Agents Joseph Cahill and Derek Graham. ‘The affidavit includes footnotes that denote critical deceptive statements and inconsistencies by Barry that are addressed later in the affidavit. SECTION Page 2 of 129On May 10, 2020 at approximately 5:58 PM, CCSO Deputy Damon Brown was notified by dispatch to contact Scott Ritter (later correctly identified as Martin Ritter) by phone regarding a “possible missing person who also has cancer.” Dispatch further informed that the missing person was named Suzanne Morphew and that her husband, Barry, was driving back from Denver and “did not have cell service.” when in fact, he was at his hotel in Broomfield with cell service.? Martin Ritter reported to Deputy Brown that he was contacted earlier by telephone by Suzanne’s daughter age Duas attending college at Wester State University in Gunnison, Colorado and did not reside at the Morphew residence. ‘explained to Martin that she was concerned because she could not reach Suzanne via telephone or text. masked Martin to go to the residence and check on Suzanne. Martin’s wife, Jeanne Ritter, proceeded to the residence but could not locate Suzanne, so Martin contacted Barry via telephone. Martin further stated that Barry told him that he also could not reach Suzanne, either. Martin told Barry that he did not locate Suzanne at the residence nor could he locate her after searching the immediate area Barry instructed Martin to call 911 and advised Martin that he was on his way home from Denver. Martin estimated to Deputy Brown that Suzansie went missing between 8:00 AM and 9:00 AM that same morning. (@eputy Brown Reporting) Deputy Brown attempted to contact Barry at 6:05 PM without success, then again at 7:10 PM, when he spoke with Barry. Barry stated that the last time he saw his wife was at their residence at 5:00 AM that morning, May 10, 2020, when he got up to leave for Denver for a landscaping job. Suzanne was still sleeping and Barry did not speak with her. Barry advised Deputy Brown that Suzanne had recently gained an interest in mountain biking and began mountain biking on a regular, daily basis. Barry advised that when Suzanne would bike, she would wear a turquoise in color bieyele helmet and a windbreaker Jacket (no other description given tor the windbreaker jacket). He described that Suzanne also had an iPhone which she would take with her when biking. Barry added that Suzanne was going through cancer treatments and he provided Deputy Brown with her phone number , when Deputy Brown requested it Deputy Brown and CCSO Sergeant Lamine Mullenax drove to the Morphew residence and turned onto County Road (CR) 225 from US Highway 50 at about 7:31 PM. They drove slowly, looking along the steep incline along the shoulder of CR 225 for the bicycle. As Deputy Brown turned the corer, he saw a blue mountain bike down near the ravine close to the bottom of the bill with the front tire pointed downwards, toward the creek. Sergeant Mullenax accompanied Deputy Brown to investigate the blue Santa Cruz mountain bike. They saw no indications ofa crash, as Deputy Brown noted, “The vegetation around the bike was not flattened in the area where a human body would have landed.” ‘There was no blood around the bike, nor was there any apparent damage to the bike, Due to the steepness of the incline, the bike should have been damaged ifn accident had occurred. When Deputy Brown moved the bike up to the path, he noticed that the front brake pad was seized and the handlebars were tumed completely to the left, causing the brake cables to wrap around the bike frame. Deputy Brown and Sergeant Mullenax examined the dirt shoulder of CR 225 immediately above the area where the bike was recovered and “did not observe any braking marks (skid marks) from a bicycle.” * Ina separate interview, Martin Ritter told the FBI that Bary said he was “at a worksite with workers present” ‘when he received the final call from Martin. Barry also told CBI Agents multiple times that he was at the Vis Verra worksite in Broomfield, CO, when he received that call and had to drive to his hotel to drop his tools off for workers. The Broomfield hotel video, however, disproved those assertions by Barry. (See Section 4) Page 3 of 129Deputy Brown examined the front rim of the bike tire and he observed no damage to the rim or spokes, which he expected to see if the brake had locked and the weight from a rider who would have been going head first over the edge. Deputy Brown wrote, “Afterall these observations I started to question if something criminal had ‘occurred as it looked like the bike was purposely thrown in this location.” Meanwhile. se" boytnend,( _Iamage. | his father, Michael Harvey, and his sister, \ arrived at the residence and assisted with searching the immediate area, finding no signs of forced entry at the entry door or any other points of entry into the residence. Deputy Brown walked through the Morphew residence with’ present. Deputy Brown observed that the residence was well-kept and orderly with the exception of one guest bedroom, later identified as bedroom. In Yoedroom, the bed was stripped of the bedding Deputy Brown observed in the master bedroom, what appeared to be one .22 caliber round of ammunition (unfired) on the floor next to the bed. He then looked under the bed to inquire where the said ammunition may have come from and observed what appeared to be a rifle storage casc. In the main floor/foyer area of a storage closet, Deputy Brown observed what appeared to be a reddish/brown substance that was smeared midway on the side of the closet wall. In the kitchen area, Deputy Brown observed a lap top computer and documents scattered near the laptop computer. In the three-car garage area, Deputy Brown discovered two white SUV vehicles, later identified as Suzanne's personal vehicle and Dpersonal vehicle. At the time of Suzanne's disappearance _y and were on a road trip traveling out of Colorado in Dvehicle’ Therefore. vehicle was parked in the garage. He also observed that there were home surveillance cameras mounted on the exterior of the residence. Deputy Brown described that the placement of the mounted exterior cameras, are ideal for viewing any persons or activity coming onto or leaving the Morphew property. > This reddish-brown stain was processed by CBI Laboratory and determined not to be blood. \_Sresides in Gunnison, Colorado. Page 4 of 1299:37 PM, CCSO Commander Avila brought Barry into the house and advised Deputy Brown that they were looking for a piece of clothing from the residence for the search dogs to locate Suzanne. Barry walked to the master bedroom and pointed to the clothing on the floor in the closet. Deputy Brown observed mountain bike gloves and padded shorts in the pile; Commander Avila took a pair of the shorts. Deputy Brown was walking in the driveway when Deputy Defurio told him that there were barefoot ‘marks inside of the bucket on the Bobcat. Deputy Brown went with him to examine and found that the cutting blade on the bucket of the Bobcat appeared to be newly replaced, along with the nuts and bolts. (Sergeant Mullenax Reporting) ‘Sergeant Mullenax documented that he was present when Deputy Brown was speaking to Barry at approximately 7:10 PM over the phone. Barry said that Suzanne “rides her bike regularly and usually leaves between 8:00 AM and 9:00 AM.” 5 Upon inspecting the bike with Deputy Brown, Sergeant Mullenax activated his body camera as did Deputy Brown. Sergeant Mullenax noted that “the bike appeared out of place.” Sergeant Mullenax and Deputy Brown walked down to the ravine as they called out for Suzanne. They walked a few hundred yards along the ravine without finding anything of interest. Sergeant Mullenax asked Deputy Brown to go to the Morphew residence while he stayed with the bike, which Deputy Brown moved up to the road. Deputy Brown contacted dispatch, as they had no cell service, and asked for the Jocal hospital to be checked for Suzanne. Dispatch informed Deputy Brown that Suzanne had not been to the hospital Sergeant Mullenax asked dispatch to ping the number given for Suzanne’s cell phone. Dispatch informed Sergeant Mullenax that the cell phone appeared to be off and last known activity was at 4:23 AM on the present date, with a general location about 11.5 miles west of a cell tower in Ponclia Springs, CO. While Sergeant Mullenax was by the bike, _—Papproached and identified himself as the boyfriend of Suzanne's daughter, _}_ confirmed that the bike belonged to Suzanne. As Sergeant Mullenax examined the biké, he found no scratches or damage to it, At about 8:42 PM, Barry arrived on scene in his truck by himself, walked up and touched the bicycle and identified the bike as Suzanne’s. (Sergeant Hysjulien Reporting) CCSO Sergeant Claudette Hysjulien contacted on-scene that same date and he reported that has told him that Suzanne and Barry argue frequently, added that he was the one who introduced Suzanne to mountain biking about a month ago. He described her mountain biking skills as intermediate level When _as asked if he noticed anything out of order in the residence, he described that the bedding from __ ved was stripped offthe bed. thought that was strange becaus: does not live at home.’ ___lso thought that it was unusual for Suzanne’s bike to not have any damage if she had possibly crashed on her mountain bike. Sergeant Hysjulien next contacted _______, who stated that she had last talked to Suzanne on the night of May 9, 2020.* She had last seen Suzanne at the end of April 2020. { __jadvised that she ® Refer tothe portion of Suzanne's Instagram posts and her patter of life statements fron Melinda Baumunk, her sister, and interviews with Barry. Suzanne routinely rode in the afternoons. © There are no electronic records of Suzanne communicating by any means with anyone after 14:11 on May 9, 2020 when she sends her last message by Linkedin to JefT Libler. Phone records show that the last communication from Page § of 129had sent a text message to Suzanne wishing her a happy Mother's Day on May 10, 2020, but Suzanne had not replied. She also tried calling Suzanne, but the call went directly to voicemail. At that time, she received a call from Barry, asking if she contacted Suzanne, Bacvised him that she attempted to but was not able to reach her. Barry asked to let him know if she was later able to reach Suzanne. _ stated that Suzanne mountain-bikes regularly during the afternoon hours, often using a wide tra across the highway. Suzanne normally took her cell phone, sunglasses and blue backpack/ hydration bladder on the bike rides. When ____was asked if there were any concerns with her parent's relationship, she denied any concer or issues. When asked if there was any reason why Suzanne may leave the area, she denied that Suzanne would ever leave for an extended amount of time, She also denied any recent incidents or concems between Suzanne and anyone else Sergeant Hysjulien spoke with Band! reported that she last had seen Suzanne on Tuesday, when she and Defi on the road trip. She reported last exchanging text messages with Suzanne on May 9, 2020.' stated that Suzanne works out at the gym regularly and that recently she has taken up mountain biking daily. sdded that Barry has mountain biked with Suzanne a couple of times, ( ~ ienied any marital issues between her parents and described their marriage as very loving (May 11" Interviews) Sergeant Hysjulien spoke witt on May 11, 2020 anc Beonfirmed that Suzanne wrote religious devotionals in a journal. When asked to describe her. "= bedding at the Morphew house, {said that her bed is always made, her sheets and pillowcases ave ught blue in color and that her comforter is brown and reddish, Sergeant Hysjulien spoke with! on May 11, 2020 and( —_jadmitted that her parents argued a lot and that she feared they would separate or divorce. She said that they were “not doing well” and that it ‘was for the best that they would separate. «reported that they (Barry and Suzanne) were both in an “unsafe place” emotionally. stated, “Him and my dad are different people and they (Suzanne and Barry) argue and, | ‘mean, they get in fights and... don’t know they both have - they both have just not felt safe at some point.” ' ~~ jadded that Suzanne and Barry “weren't getting along” and had discussed divorce.” When! was discussing if she had ever scen any text messages on her parent's phones, she advised that she does not ever look at the messages on their phones.* When! was asked if there was a possibility that her Mom may have left home because she did not fecl safe, _ said her Mom would never leave her! later said if Suzanne would have left, she ‘would have contacted her and her sister to let them know she was ok. explained that she and her sister, ___p were heading back home on May 10, 2020 with their friend _W but there were no plans for or! to stay at the Morphew house after the trip. ‘Suzanne té ___ywas an iMessage text that Suzanne sent at 13:58 that said “Stunning” in response to some photos Jhad sent to Suzanne. ” In multiple interviews with the FBI in 2021, including one on 04/22/2021, Barty denied that he and S discussed divorce, "This statement by _ contradicts Barry’s repeated assertions to CBI that he deleted arguments between him and Suzanne on his phone because his daughters always looked in his phone. Page 6 of 129{said Suzanne always carried her cell phone with her and had a charging cable on her nightstand next to her bed.? Sergeant Hysjulien spoke with Jeanne Ritter, who confirmed that ___ contacted her and Martin Ritter via telephone on May 10, 2020, at approximately 4:00 PM to 4:30 PM, because she could not reach Suzanne. asked them to go to the house and check on Suzanne and Jeanne went to the house, She did not locate Suzanne at the house, so she called Barry and told him what happened. Barry asked Jeanne to look for Suzanne's bicycle and call 911 ifshe didn’t locate Suzanne, Jeanne returned to the hhouse a second time, but once again she did not locate the bicycle or Suzanne. ‘After Jeanne returned home the second time, Martin called 911 to report that Suzanne was missing. Martin sent Jeanne back to the Morphew house once more io leave a few notes posted for Suzanne in case Suzanne returned, (Barry Interview ~ May 11th) In the carly morning hours of May 11, 2020, CCSO Detective Burgess and your affiant interviewed Bary Morphew. Barry explained that he left his residence at approximately 5:00 AM on May 10, 2020 to travel to Broomfield, Colorado for a construction job." He did not speak to his wife, Suzanne, that morning because she was still asleep when he left. Barry stated that his daughters were to retum to their home on May 10th from a camping trip. Barry said that he texted his wife to wish her happy Mother’s Day and did not get a response, possibly due to poor cell service at their residence. Barry said that he tried to text her again later that moming, again with no response. Barry reached his daughters via text messages and they also stated they could not reach their mother. Barry specifically provided his route of travel to Broomfield, and in all subsequent interviews with CBI, Barry never stated that he turned west on Highway 50. Barty explained that his wife's plan for May 10" was to clean the house and get the spare bedrooms ready for their two daughters coming back, with possibly a friend to visit. Barry said that his wife rides her mountain bike every day. He added that Suzanne was diagnosed with caneer twice in her life and she beat it Barry said that he owned firearms and all the firearms and ammunition are stored in a locked gun safe in the garage. It should be noted that on May 1, 2020, while law enforcement searched the Morphew residence, two firearms were located at the residence that were not inside a gun safe. A high-powered rifle was located in a closet on the ground floor in a closet. The rifle appeared to be spray-painted in a camouflage pattern and your affiant could not locate a serial number. A Benelli 12-gauge shotgun was found lying against the wall in the garage. Also, a loaded .22 long rifle cartridge was located lying on the floor in the master bedroom near the right side of the bed.” After your affiant ended the interview with Barry, he was told that law enforcement was going to seize his truck to process it ° It should be noted that when the residence was searched, law enforcement did not locate a charging cable on either side of the bed "© Barry’s phone entered Airplane Mode at 4:32 AM and he altered his numerous prior eccounts to law enforcement to match phone and truck evidence when speaking to FBI Agents in April 2021. Barry said he tumed left on Highway 50 when leaving his house, the opposite direction of heading to Broomfield, because he saw a bull elk crossing the road. Barry eventually pointed to an area on a Google map that indicated he turned his truck around at an exit in Garfield, Colorado, about five miles in the opposite direction of his trip. "’ Suzanne's helmet was discovered off the south side of Highway 50, west of the County Road 225 entrance that leads to the Morphew's Puma Path residence. "This isthe same unfied .22 round previously reference above Page 7 of 129(May 11, 2020 Search of Puma Path Residence) (On May 11, 2020, pursuant to an authorized search warrant obtained by your affiant, while assisting with the search of the exterior of the residence your affiant located what appeared to be suspect blood on the apron of the garage near the east side of the three-car garage. ‘Additionally, it was noted by your affiant and other investigators that there was a Bobeat Skid Steer parked in a parking area/driveway, west of the Morphew residence, Next to the Skid Steer (south) was a flat-bed trailer. The trailer was in its tilt position, The trailer bed had some loose gravel and dirt on it The trailer did not have a jack on it and the tongue of the trailer was lying on the ground. ‘The Skid Steer was parked to the left side near the trailer tongue. The items were positioned such that the Skid Steer bucket appeared to have been used to un-hitch the trailer from a vehicle, most likely Barry’s truck, and set the trailer on the ground. Your affiant examined the Skid Steer and noted that the cutting edge of the Skid Steer bucket had been recently replaced, so there was no wear on it. It was also noted, several larger bolts and nuts were lying in the Skid Steer bucket and on the front end of the trailer bed." (Suzanne's Helmet) On May 13, 2020, search teams located what they believed to be the bicycle helmet Suzanne would have been wearing. Investigators located a photo of Suzanne prior to this date with Suzanne wearing the helmet, documenting its teal color. This item was located at the following GPS coordinates (38.5008, ~ 106.2575) approximately 0.84 miles northwest of the site the bicycle was located, approximately ten meters south of Highway 50 and about 1.52 miles from the Morphew residence. Inside the helmet, law enforcement located a picee of pancr in the top portion of the helmet with Suzanne's name, phone number and address as well as Barry, and Yphone numbers, This item was collected by law enforcement and placed into evidence. "2 In a news story that aired on Fox 21 on 08/21/2020, Barry stated that he had “an inconsistency with one time line,” adding that, “I was only because when... just didn’t know the time that [did something a mechanical thing to my bobcat, | was confused and I just found out my wife was missing.” Page 8 of 129On May 13, 2020, search teams were still searching areas in the proximity of Suzanne’s bicycle and hheImet as well as law enforcement driving roads in these areas attempting to locate Suzanne. During this effort, law enforcement located what they believed to be fresh tire impressions and a piece of cloth with a reddish/brown unknown substance on it. Also located in the area of the piece of cloth, tire impressions were located. These tire impressions were casted on May 14, 2020 by deputies with the CCSO. As of the items appear to be unrelated to Suzanne’s disappearance. present date, thes (CBI Crime Scene Report) FBI Special Agent (SA) Grusing provided the following excerpts from the CBI Crime Scene Report, Lab Case #P20-1889, written by CBI Crime Scene Analyst Tanya Atkinson: Regarding the interior of Barry’s F-350 on May 12, 2020: “The interior of the truck was cluttered with several personal items. The interior dash area was dusty and dirty.”"* Regarding Suzanne’s white Range Rover on May 19, 2020: “There were personal items, to include Suzanne’s driver's license and credit cards, throughout the vehicle. Items from the interior were pulled ut by sections or areas and photographically documented on butcher paper. Some of the items collected included a women’s jacket and knit cap in the rear, pairs of sunglasses and a key in the glove ‘compartment, a Camelbak" and sunglasses in the front passenger seat, spa chemicals on the front passenger floorboard, and a Scot Bicycle Service receipt in the front driver door.” Map provided by SA Grusing, FBI, using GPS coordinates from CCSO incident reports — note the position ofthe helmet, west on Highway 50. "The interior condition of Barry's truck conflicts with his subsequent statements to CBI and FBI thatthe purposes of his five trash runs in Broomfield were to “clean out his truck. ° Suzanne’s Instagram pictures (above) of her bike riding have her blue Camelbak water pack visible, making it unlikely she would take a bike ride without it Page 9 of 129Regarding the tranquilizer dart cap on May 19, 2020: “A plastic needle cover was located in the dryer drum. This was collected by the CCSO along with additional items and swabs from different areas.” The needle cover was recovered with sheets from ___ Bbed inside the dryer. SECTION 2: Suzanne's Attempts to Leave Barry and Her Affair Suzanne told numerous close friends, her daughters and Barry that she wanted out of her marriage, yet Bary refused to listen to her. She suspected Barry of having affairs for years and kept her affair very secretive to protect her daughters and the family of Jeff Libler. A small portion of interviews and evidence of her attempts to leave Barry and of her affair follows: (Sheila Oliver Interview) On May 11, 2020, CCSO Detective Burgess conducted a phone interview with Sheila Oliver, Suzanne’s best friend, who lives in Indiana. Sheila had constant communication with Suzanne via text messages and Snapchat messages until Saturday, May 9, 2020. Sheila said that Suzanne promptly checks her Snapchat messages and Sheila was worried that Suzanne did not read three Snapchat messages from her on May 9, 2020 at 6:40 PM and 6:48 PM (MDT). Suzanne had been very excited about the wedding of Sheila’s daughter on May 10 - Suzanne was helping Sheila prepare and eager to watch it online, Sheila provided texts with Suzanne, with the following: March 25, 2020 Suzanne: Tsking (sic) care of myself physically in a stressful marriage _y and I had a very tough talk yesterday...She’s weary of the tension here. She knows how he is toward me and almost begged me to divorce him. Page 10 of 129Sheila: What does he want? Have you talked anymore about splitting? Suzanne: He threatens but I’ve never come out and said [ wanted it today. He thinks I'm holding on til after graduates at less (sic). He prob thinks I'm not strong enough to do it. Given finances. Suzanne: Shei __} even mentioned a restraining order. I’m sick I had a conversations like that with my l6yr old. Sheila: He's nuts t's Jekyl and Hyde again... Pretty much told him I can’t be healthy and stay in this, What did he say? Suzanne: He threatens to come home and pack, Ugh. ‘Suzanne: He won't speak of divorce."” Begging for another chance. I’m so torn, But I'm my heart 1 know who he is, During the interview, Sheila also told Detective Burgess that she was so concerned with Barry’s behavior that she purchased a “spy pen” for Suzanne, which she gave to her in January 2020 when she met up with Suzanne in Florida. This device was designed to record conversations covertly. The downloaded audio files of the “spy pen” conversations will be summarized in Section 4: Sheila told FBI Agents in 2021 that Barry called her in the summer of 2019 when Suzanne was in Michigan, asking why Suzanne was not returning his calls, he stalked Suzanne and Sheila at the Puma ath house in September 2019 to see what Suzanne was up to — sneaking through the woods, and of earlier accounts in Indiana when Barry suspected Suzanne may have had a boyfriend before they got married (Melinda Buumunk Interview) Melinda Baumunk was interviewed by FBI Special Agent (SA) Richard Tipton on May 19, 2020 at the FBI office in Knoxville, Tennessee. Baumunk is the sister of Suzanne and last talked to her on Friday, May 8°, via text message. Baumunk sent a text to Suzanne on Mother's Day, May 10, 2020, and received no response. For the previous six months, Suzanne had texted Melinda and told her that things were “getting tense” between her and her husband Barry. Baumunk advised that Suzanne told her that she had come to realize what a narcissist her husband Barry was and that she had come to terms with his narcissistic ways. Baumunk described Barry as one who lives a double life, a liar, an adulterer, a bully, one that has to have control, cunning, “fools people a lot,” loves money, and treats his wife and daughters as trophies. Baumunk advised that her sister Suzanne was a co-dependent person and was very dependent on her husband Barry. They lived a phony life and would often put on a front as if they were happy together. Baumunk thought that it was unusual for —y and Dio take a road trip on Mother's Day weekend especially with the Corona virus pandemic. Baumunk advised that she received a phone call from her father, who lives in Michigan, on Monday, May 11*to tell Baumunk that Suzanne was missing. On November 20, 2020, SA Grusing spoke with Baumunk about the message Suzanne sent to her on Friday, May 8, 2020, at 9:28 AM: On 04/22/2021, FBI Agents informed Barry of this message on 03/25/2020 that Suzanne discussed divorce with him, Barry stated he did not recall that discussion. Page 11 of 129“Its hard dealing with the harsh abrasiveness and having to show respect. He's also been abusive, emotionally and physically. There's so much... went thru a period of acceptance and I feel more angry now. Anger at what I've allowed.” Baumunk told SA Grusing that she did not have context for why Suzanne texted on May 8th that Barry ‘was “physically and emotionally” abusive. She had not discussed those things with Suzanne and was surprised to see her text that. When Baumunk found out on May 11th that Suzanne was missing, she said, “Damn it, damn it, damn it to herself because she was certain that Bary killed her. Baumunk described years of Suzanne being a submissive housewife to Barry in Indiana, allowing him to control their finances and Suzanne's longtime suspicions about Barry having affairs. Baumunk said Suzanne loved Barry and wanted to be a good wife and mother to her two girls. Baumunk thought the primary reason for the move to Colorado was Barry’s long-term desire to move there for hunting. She thought Suzanne “threw caution to the wind” and moved in an attempt to save their marriage and start over. Baumunk provided documentations that Suzanne inherited approximately $208,000 from their mother, Adrienne, passing away in 2013 and another approximate $217,000 when her grandmother-in-law, Helen Burnett, passed away in 2016."* (“Notes” from Suzanne’s Phone) On July 7, 2020, FBI Computer Scientist (CS) Brian Turner recovered a file from the return of search warrant on Apple for the _ » This file appeared to contain “notes” that Suzanne wrote ( herself in her Apple account on ot Lelore Friday, May 8, 2020. The attachment shows that the Notes were backed up to the cloud on May 8, 2020, at around 7:01 AM to 7:03 AM. CS Turner retrieved the notes that contained sixty (60) lines of apparent issues Suzanne had with Barry Excerpts from these lines includes “Monkey app” Phys abuse: Mental abuse while drinking NYE- name calling/said only need for $/ Women on FB- good for business Lies about deer- pants unzipped Trip to CO- pen on hand Wear bear claw/ FaceTime in Az angry Stalking Sheila and me in house without telling Lied and said U needed phone to call Casey Chased me around resort and threatened Took phone Not safe alone with you. Can’t be trusted Oppressive Slam on brakes when angry '* Suzanne's grievance lst included multiple references to Barry controling the finances (see Recording Pen section), " Monkey app is an application on a phone that can function as a dating website Page 12 of 129Threaten to jump out of ear Gun Shame and guilt daily for not meeting expectations Nothing to do with infidelity- everything to do with your character and who U are at core Your lack of control over me~ insecurities= a sick relationship Situation with] Bwhen I’m IN/ accuse me of going behind your back Got up and left] __Jand me at the table. Left plate, no comment. Just to watch tv Act like I'm intruding in the garage Verbal abuse Writing checks for cash out of business acct Wiring money from inv acct without asking or discussing Monex- in your name only Pull in- hurting her Left 2x on treatment weeks. Bedroom profession about marrying, having babies and sleeping together Don't care about preg possibilities Hot tub talking to self? Accused me of bf and _ 5/6” Wrote in Alanon book Knew I was looking at phone in bonus?” (May 6, 2020 Message to Barry) Pursuant to an authorized search warrant, Barry’s Verizon phone was searched by PBI examiner Jim Stevens, who found an image that Barry likely swiped the message off his screen and the swiped image ‘was inadvertently saved. This message was not recovered separately in Suzanne's phone or Barry's phone. ‘The image appears to be a message from Suzanne to Barry. The date of this message was May 6, 2020" at 10:13 AM (see image below): Osan t'mdone.1 could care less what you're up to and have been for years. We just need to figure this out civilly Th the (Suzanne's Affair - Jeff Libler) 2° The “bP stands for boyfriend, the* for the cancer medication Suzanne was taking and 5/6 for May 6, 2020, as confirmed by Barry to FBI Agents in interviews in March and April 2021 21 Suzanne dropped off in Gunnison at Department on the aflemoon of May 8°, leaving her alone with Bary fom that evening through Mother's Day. Suzanae sent the "we just need to figure this out civilly” text on the moming of May 6% Page 13 of 129Upon the recovery of Suzanne’s spy pen, SA Grusing and SA Kenneth Harris began prioritizing anyone named “Jef?” in Suzanne’s social media, phone records or other accounts. On the pen, Suzanne spoke to an unknown male named “Jeff while she was in Florida as if he was her lover, but no last name or phone ‘number was provided. After months of investigation, and after working through a list of about twenty or more “Jeffs” possibly associated with Suzanne, Jef¥ Libler, a former high school friend of Suzanne, was. identified and interviewed, Libler provided the following information: On November 4, 2020, SA Grusing and SA Harris spoke with Libler on the phone and recognized his voice as being the voice on Suzanne's pen recording. After discussing his relationship with Suzanne and Libler talking about their secret meetings, he asked to continue the interview in person, He said after he learned Suzanne went missing, he figured “there’s no way she’s alive.” He said he is not proud about not coming forward, giving reasons to Agents that he has six kids and a wife and will lose his job. Libler said ‘when this happened, he thought Suzanne was abducted, so he kept quict. He stated time went by and he did not want her girls to find out. He does not think Barry knew about him and Suzanne or what “set him off, other than the fact that the guy could be easily set off by anything, you know. I’m sure you guys know that.” Libler said he did not fee! like he had anything to add and did not want to hurt anybody. (On November 13, 2020, SA Grusing and SA Harris interviewed Libler in Ann Arbor, Michigan. Libler said after Suzanne’s first message of “Howdy stranger” to him in 2018, they began talking on the phone. Libler said he was nervous to talk to Agents and what he did was disgraceful. In the summer after Libler’s first year of college in Indiana, he attended a party with some friends at Suzanne's house. Barry and Suzanne were a couple, but Barry was not at the party. Libler said he and Suzanne “kinda hooked up, not really,” atthe party. Libler played golf almost daily atthe time and Barry worked on the golf course. Barry found out about Libler and Suzanne hooking up at the party. Upon seeing Libler on the golf course, Barry “jumped off the tractor and he was ready to beat me down.” Libler told Barry, “You're gonna lose your job. You're gonna lose everything.” Libler talked him out of it and that was the last interaction Libler had with Barry Libler said he did not talk to Suzanne until 2018 following that night in Indiana. He explained, “I'd tell hher I cartied a torch for her al that time.” Libler and Suzanne used Facetime to communicate in 2018, though Libler’s daughter saw one of their communications in late 2018, and Libler told Suzanne they had to stop. They did not speak until around Christmas 2018 because Libler deleted Facebook, Instagram and all messaging between him and Suzanne. Around Christmas 2018, Suzanne found Libler’s LinkedIn account and sent a message with words to the effect of, “I’m worried sick about you. Are you ok?” Libler responded to the message and they began talking again, first in a platonic way, then their relationship progressed again. Libler said they communicated through Facetime but did not physically see each other in 2018. Suzanne and Libler communicated regularly from late 2018 through May 9, 2020, and she provided him with numerous reasons why she wanted to leave Barry. Between February 2019 and February 2020, Libler and Suzanne met each other in New Orleans, Florida, Indianapolis, Michigan, Dallas and again in Florida. During the last five trips, they stayed in hotels, talked and shared meals and had consensual sex. Libler has not traveled to Colorado to see Suzanne, partly because Suzanne said Barry has surveillance cameras are all around the house.” Libler stated, “Here's what she told me about her relationship with Barry: not good, lot of fights, very argumentative. Um, felt like it was horrible for her health, mentally.” Libler asked Suzanne if she felt ® Libler also told agents on November 13, 2020 that he was last in Colorado when he visited Denver in 2016, Page 14 of 129afraid Barry would hurt her and she answered, “He would never cross that line. He's learned,” Libler took that to mean something happened physically one time to Suzanne, whether Barry shoved her or hit her. Agents asked Libler when Suzanne first said she loved him, and he replied she told him that in 2018. They discussed that they were soul mates and “meant for each other.” They eventually exchanged words of love to cach other. Libler explained they were soul mates because of their approaches to the world and to people. Libler said that Suzanne treated people well, not simply for social stair climbing or status benefits. Libler was striving to be that type of person. He stated he was not a good person, though; he was “horrible” for having this relationship with Suzanne. When Agents asked Libler how Suzanne took steps to be careful about Barry knowing her travel activities, he said when Barry called, Libler left the room. This happened once in Suzanne's hotel room in New Orleans, Agents asked Libler what other steps they took to conceal their relationship from Barry. He responded, “We talked all the time about ‘protect.’ For the kids, for family, all that stuff.” Suzanne knew when Libler was going to be working in his car, and he never initiated conversation with a phone call or a text. They communicated through his LinkedIn account in 2019 to determine when they could Facetime. ‘Agents asked Libler if Suzanne ever spoke about leaving Barry. He said Suzanne's plan was to get out of the house and to college before Suzanne “would probably go on her own.” Libler and Suzanne talked about one day being together. She told Libler this was not about him, “it’s about her getting away.” He said Suzanne was not happy, mentally, she could not take it and it was wearing her out. Libler had a corporate LinkedIn account and he created a second account to use to communicate with Sucanue. They stopped lulking vu the phowe in December 2019, Libler deleted his second Linkedl account of* after Suzanne disappeared when he thought she was abducted, Libler said, didn’t want her legacy to be she had an affair with this guy.” Libler and Suzanne stopped talking over the phone in December 2019 because she told him, “We can’t use the phone anymore.” She said, “He (Barry) watches everything I do and I'm afraid he’s gonna, gonna find out.” Suzanne mentioned an incident when she was on the beach in Mexico listening to music on her phone and Barry was suspicious of her. Libler said, “She started handing her phone over to him and told him, ‘Do whatever you want. Go through it." Libler and Suzanne used WhatsApp because they could talk and leave messages but there was no phone record of it. Libler did not think there would be call records of them talking past December 2019. In October 2019, Libler had a sales meeting in Dallas and Suzanne was traveling to Phoenix. She left a day early and went through Dallas, staying at the same hotel Libler stayed, the Galleria in northern Dallas with the ice rink inside, They spent two nights at the hotel together. Suzanne was going to the Phoenix conference to become a certified fitness instructor with the mind-set of, “What am I going to do if I leave hhim2” She talked to Libler about Barry’s moods and anger, saying, “As long as he gets what he wants, everything's fine.” Libler said he and Suzanne had a mutual understanding not to dive too much into the problems they had with their spouses. Libler knew Suzanne had discussions with — in March or April 2020 about separating from Barry and getting a divorce. Suzanne told Barry, “I just want peace,” explaining she wanted it to be peaceful for the kirls Libler thought that in February 2020, Suzanne was wanting to break out on her own but still wanted to Page 15 of 129wait until __)graduated. Libler said Suzanne felt some shame that she had so much materially, and she spoke with Libler about life transformation. Barry held the huge houses and Range Rovers over ‘Suzanne's head, Barry told her things like, “I provide these things for you. You have the greatest life. You have everything. A million-dollar home, you have Range Rovers.” Libler said they never made concrete plans, but she told him several times when she does leave Barry, she would go without contacting Libler for a while, Suzanne said she was not doing this for Libler but for herself Suzanne's talk of leaving Barry was like a “wave, with like a higher frequency of waves.” Libler said Suzanne had faith God would provide for her and she would figure it out. Libler did not know she had an inheritance until he read about it in the media, In March through May of 2020, Libler and Suzanne talked a lot about mountain biking and Libler looked at the trails online in Colorado and they sometimes talked before Suzanne went for a ride. Suzanne put her bike in her car on her way to the trail heads and did not often ride in her own neighborhood. She normally rode in the evening for about half an hour or forty minutes. In the first week of May 2020, Suzanne told Libler the girls were going on a camping trip that weckend. Libler said, “Anytime she was alone with Barry, she dreaded it. Didn’t want to be alone with him.” Barry refused to go to counseling, though Suzanne offered, Barry told her, “You just need to be ‘who you were to me and everything will be fine.” Libler said he thought two things could have happened to Suzanne: “He (Barry) either learned about us and snapped or...maybe she told him she was gonna leave him.” Agents asked Libler what Barry’s reaction was when Suzanne mentioned she wanted to separate from him. Libler responded, “He was very much against it. She would say, “Cause he wants everything to look perfect on the outside.” Libler said he does not believe Suzanne reached out to him with the intention of having a boyfriend, He described Suzanne as beautiful, kind, someone who treated people well and a good listener - traits that attracted him to her. Libler said Suzanne is naive in some ways because she assumed the best of people and “did not see what lies beneath.” While Suzanne lived in Indiana with Barry, he acted suspiciously, like he was having an affair. Libler added, “And then, I can tell you, too, she, over the last year, she's like, ‘I'd love for him to find a new girlfriend and just get out.”” Libler said that so long as Suzanne gratified Barry sexually, it was fine. He added, “I don’t think she was deriving a lot of pleasure out of things.” When Agents asked Libler if he thought that, or knew it, he said, “know. She said it’s not pleasurable.” Suzanne told Libler that she would not completely starve Barry of sex. Agents confirmed with Libler that he no longer had the phone he used to speak with Suzanne. He ‘explained that in June 2020, he dropped his phone on his stone steps and the face plate shattered. Libler sent the phone into his company and they sent him a new one. The phone the company sent Libler had all the same corporate apps on it as his previous phone but none of the personal apps. ‘media accounts. Libler provided consent forms for his DNA,” phone records and the logins for his soci Your affiant served search warrants for Linkedin and WhatsApp and received records for Suzanne's ® Libler's DNA was collected and to date has not matched any known item of evidence collected in the case. Page 16 of 129Linkedin account, with photos and texted shared between her and Libler. Your affiant also served warrants on the Verizon account for Libler. The following data was collected: 1, From Linkedin, Libler and Suzanne sent 59 communications to each other on Saturday, May 9, with the last outgoing from Suzanne occurring at 2:11 PM, when she messaged, “I’m on wa.” Libler sent response messages at 2:39 PM, 2:46 PM and 2:47 PM that Suzanne did not answer. He also sent ‘messages on May 10 and May 11* that were not answered. 2. Verizon records contained 738 calls between Libler and Suzanne's Dumber, between ‘October 2018 and December 2019. Suzanne called Libler 74 times under “International Calls” from the Cayman Islands between January 14 ~ 18, 2019. (On December 18, 2020, Agents contacted Libler by phone and showed him some of the results of the Linkedin messaging and photos between him and Suzanne on May 9, 2020. (On May 9, 2020, Suzanne sent a message to Libler at 11:42 AM that stated, "Guess who's alone again??" Libler told Agents that message meant they were free to talk and Suzanne was not surprised that Barry left her alone at home. Libler confirmed that Suzanne's message at 2:1 PM, "I'm on wa," referred to her starting WhatsApp so they could share video with each other. From referencing the LinkedIn messages before and after, Libler does not believe they used WhatsApp that time or later that day. ‘Suzanne sent this photo to Libler on Linkedin at 2:03 PM Libler’s message to Suzanne at 2:46 PM, "Hey...your weather looks great," may have been in reference to the picture she sent earlier or to Libler checking conditions in Colorado through the Internet. Suzanne never answered that message or subsequent messages by Libler wishing her a Happy Mother’s Day on May 10°. From the return of search warrant on Libler’s Verizon phone, Libler used the same Michigan switch (Market ID 227) for all 23 communications from May 7-111, 2020 as he did on the day of the November 13, 2020 interview with Agents at the office of the FBI in Ann Arbor, Michigan. Following the interview, Libler sent Agents a screenshot of his credit card charges for his Costeo wholesale credit card — ~ B), under the name Jeffrey S. Libler, for May 2020. Noted are charges in 2» BI Agents showed this May 9, 2020 2:44 PM photo of Suzanne to Barry multiple times in March and April 2021, since it may be the last proof of life of her independent of Bary Page 17 of 129‘Wixom, MI for $292.40 at Menards on May 7, 2020, a charge of $26.58 in Howell, Ml on May 9, 2020, and Howell, Mion May 11, 2020. These charges are consistent with home improvement stores and the dock project Libler told Agents he was working on in the days leading up to and through Mother's Day weekend at his Michigan residence. Libler also messaged Suzanne on 5/7/2020 saying that he went to Menards and Suzanne asked him on 5/9/2020 whether he had finished his dock. SECTION 3: Barry's statements May 2020 to July 2020 Your affiant selected statements from some of the interviews of Barry with CBI, CCSO and the FBI from May 2020 through July 2020. Barry’s assertions in these interviews are referenced throughout the remainder of this affidavit, o include substantial changes that Barry makes in an attempt to fit any evidence presented to him by CBI agents. The following statements were summarized for the purpose of this affidavit: (Barry Interview ~ May 13") On May 13, 2020, CBI Agent Joseph Cahill and CCSO Detective Robin Burgess interviewed Barry. Barry provided a background of his marriage to Suzanne, his daughters, and their living arrangements. Barry explained they resided in Arcadia, Indiana until approximately 2018. At that time, he sold his landscaping business, BLM Landscaping, and other real properties and moved to the residence at 19057 Puma Path, Salida, Chaffee County. Barry, an avid hunter and outdoorsman, explained they moved to Salida to be closer to! _, who attends Western State University in Gunnison, Colorado. Barry stated that he, Suzanne, andt-_eside at 19057 Puma Path, There are no other person(s) who live at this address. ~ Bary stated he has a family Verizon cellular phone account forhis. ~ _By Suzanne's along with Jand Dphones. Barry has an i-Phone SS; he did not know the model of Suzanne’s Apple cell phone, but knew it was pink-in-color. Barry stated he is the owner of Sunset Farms, LLC, a landscaping company in Salida. Additionally, he ‘works as a sub-contractor for Diesstin Structures Inc. (DSI), a general contracting company in Salida Barry stated he has several contracted employees. His primary contractor is Morgan Gentile. Barry stated that Morgan previously worked with him at DSI until she was fired about one year ago. When she vas terminated, he hired her on as a contractor. Barry stated he is also a volunteer firefighter with the Chaffee County Fire District. He is assigned to Maysville, Station 5. Barry stated Suzanne is technically unemployed; however, she would complete the invoicing for Sunset Farms, Barry stated he and Suzanne have all joint banking accounts; Bank of the West, Collegiate Peaks Bank, and a 501(c\3) non-profit, “Suzanne R. Morphew Hope Foundation”. Barry stated they have other holdings with Morgan Stanley and he uses E-Trade; he also trades in silver and gold Barry stated he owns a black 2013 Ford F-350, one gray 2015 Ford F-250 Vehicle), one white 2015 Range Rover (Suzanne’s vehicle), and one white 2007 Range Rovert vehicle). Barry said that Suzanne frequently uses Snapchat to communicate with her friends and daughters. Barry stated Suzanne also uses Instagram and Facebook Page 18 of 129Barry’s two email accounts are * ~ and + 7 _ — Barry stated that Suzanne typically wakes up and has coffee. She reads her Bible and emails. She then rides her mountain bike around their neighborhood and then does other things around the house. On coceasion, Suzanne rode the Methodist Trails area. Barry further explained that on Sundays she virtually attended their church, Salida Grace. The service is broadcasted on YouTube and generally lasts about one hour. Barry stated that he typically works until about 5:00 PM or 6:00 PM and returns home, They have dinner and he usually goes to bed around 9:00 PM. Barry stated they typically sleep in the same bed; however, if he is snoring, he will seep in the “bonus room” on the couch, Barry stated that Suzanne communicates daily, via Snapchat, with her best friend, Sheila Oliver. Barry said thev also communicate via text message. Barry stated Suzanne also communicates daily with Dis typically home at the house, especially with the current school cancelation due to Covid-19. Barry stated that )__Jand ~ best friend of departed on or about May 5 or 6, 2020 for a road trip to Utalrand Idaho. They were due back May 10, 2020. Barry explained that in 2019 his company had been contracted to build a retaining wall at @ Broomfield, Colorado. Two of his contractors, Cassidy Cordova and Cody Cox, were tasked with the work. Barry said that the wall was not completed correctly and he lost $30,000.00 because of it. Barry could not recall that name of the general contractor (GC) for the job. Barry stated that on Saturday, May 9, 2020, he worked with Morgan Gentile on a job site in Salida. The task was to complete a rock beach on the property. After this job, Barry communicated with Suzanne by text message. They talked about hiking and she later requested him to purchase hot tub chemicals. Barry stated his last message from Suzanne was between 11:00 AM and noon. Barry stated at around 2:26 PM, he texted Suzanne that he was done and was headed home. Barry stated that some time on Saturday, Suzanne asked him to take her mountain bike and helmet out of her vehicle, which he did, Barry stated that he cooked steaks out on the grill and they “never even looked at the clock that night.” He added, “It’s actually one of the best nights we've had in a while, actually” because there were no chemicals in Suzanne. He said they put their phones aside Barry explained that on Saturday evening they had dinner together, had sexual intercourse, and went to bed. Barry could not specify a time but believed it was around or after 8:00 PM. Barry stated neither he nor Suzanne left the residence again Barry stated that he was scheduled to travel to Broomfield on May 10, 2020, to get eyes on the site and fully determine what was needed, Barry stated Morgan was supposed to travel to Broomfield that evening and Cassidy was due to arrive Monday morning, Barry stated that he pre-loaded his truck on Saturday night. Barry explained he set his alarm for 4:30 AM on Sunday, May 10, 2020. * Barry changed his statement to CBI in 2020 and the FBI in 2021 multiple times about the alarm to match evidence. Page 19 of 129Barry stated he awoke to his alarm at 4:30 AM. Barry explained that when he awoke, Suzanne was stil asleep in the master bed, Barry stated he heard her snoring. Barry said he showered and left the house at about 5:00 AM. Barry stated he last saw Suzanne wearing short white shorts and a white string-type shirt." Barry stated that he traveled on Highway (HWY) 50 to HWY 285. He traveled HWY 285 to E-470, north to 1-76, and then onto US 36. Barry stated that he went directly to the Holiday Inn and checked in. Barry said he went into the room for a short period of time and rested after the drive. Barry explained he then ‘went over to the worksite.”” After looking at the site, Barry called Morgan and requested her to bring another person Barry stated that he was at the job site at “ten o-clockish.” He added, “It was just hotel and job, back and forth.” Barry stated he drove to a McDonalds near the jobsite and cleaned his windshield. He then went back to the hotel room, He stayed in the room for about one hour and possibly watched television. Barry then returned to the jobsite Barry stated, in response to the question if he ate that day, “I kinda looked for something to eat.” He said that he always keeps granola bars in my truck. He said, “I saw a McDonald’, pulled in there. I don’t like crap food, so I thought, I'm not gonna eat here.” He added, “So I just ended up eating granola bars.” While on the jobsite, Barry explained that his neighbor, Jeanne Ritter, called him and explained! : still could not reach Suzanne. Jeanne, who has the access codes for the house, asked to go check the house, Jeanne discovered Suzanne’s car was there; however, her mountain bike was not. Barry stated he had texted Suzanne, “Happy Mother's Day,” earlier, as did their daughters. Barry stated his daughters had not received any replies from Suzanne. Also, Barry stated there is no cellular phone service at the house, unless the phone is on the Hughes Net Wi-Fi internet service. Barry stated, “I was at the job site when Jeanne called me,” adding that Jeanne ealled around 5:00 PM. Barry left the jobsite and drove to the hotel where he dropped the tools off in the lobby. He then drove directly back to Salida.”* Barry initially said there were no issues with their marriage. Later in the interview, when asked, Barry disclosed they did fight. Barry explained that Suzanne has battled through stage-four Non-Hodgkin's Lymphoma several times in her life. The most recent battle started late last year, 2019. Suzanne was receiving maintenance treatments at the cancer center in Salida. Barry stated that Suzanne started using __ and aleohol. Barry stated this drug and alcohol use ‘would sometimes lead to arguments, dung which, Suzanne would accuse him of being, controlling, Barry described Suzanne’s demeanor as “hateful.” Barry stated the last argument they had was Friday morning. He denied any physical abuse or altercations between Suzanne and him. ”” Barry stated their daughters did not know about Suzanne’s substance use and demanded that information not be diselosed to them. In fact, when asked, Barry admitted he deleted text messages from his cell phone because he did not want their daughters to access his phone and read those messages. % Barry changed his last sighting of Suzanne throughout 2020 and 2021 numerous times. » All of the statements in this paragraph are later proven false. ™ On April 22, 2021, FBI Agents showed Barry surveillance photos of him being in his hotel room, not the job site, when Jeanne Ritter called him at $.00 PM, Throughout his interviews, Barry moved from refering to a “perfect” mariage and a “perfect” Friday nigh, to admitting he fought with Suzanne often, Page 20 of 129Other statements by Barry in this May 13, 2020 interview include: Barry stated, "I mean, I just I just know that there’s nothing in my truck, there's nothing in my house, | know that fora fact, unless somebody came there Sunday morning after I left. That's all. I'm - I'm just being honest with you, Th they can be there for 10 weeks. They'll never find a single thing, But.” Barry interjected Cody Cox as a suspect, that Cox allegedly threatened to kill Barry. Barry, consistently, throughout the interview, questioned why he had not “been cleared” in the investigation, Barry initially identified the Cushman’s “cleaning lady’s daughter and boyfriend” as possible suspicious persons. Barry stated, “because if somebody went in and did something and took her and then ditched her bike to make it look like something then I - I want you guys to find that evidence” — however, he states multiple times, “there’s nothing in the house, nothing in my truck.” Barry stated, “And she would get so angry sometimes and even hateful, which is not her.” Barry stated during these arguments, Suzanne has stated, “I’m gonna leave you. I'm gonna divorce you. I'm just - and she doesn’t mean it -I know she doesn’t mean it - but in that state of mind.” When asked about working on Sunday he stated, “It’s Mother's Day. It’s not like it’s husband day.” He stated he stayed at the worksite with the quote, “I think I was there until probably 6:00.” In regards to the call(s) to Jeanne Ritter, he stated, “She calls me and says, “Hey, her car is here.” And I said, “Well, is her bike there?” She goes, “Where does she keep the bike?” And I said, “Well, I pulled out (sic) her car. It should be right near the car.” She goes, “There’s no bike here. (Unintelligible) look here in the back.” And I said, “Well, she’s ridin’ her bike but I’m a little concerned, because I think she said she was gonna take a morning ride”. In regards to inspecting the clothing, Barry stated, “Yeah. She doesn’t ride without a helmet... And she has... light - light blue helmet. Her favorite biking outfit is blue. I haven't been to the house to see if it's there or not but if the detectives - if you guys didn’t find it, then that’s probably what she was wearin’. Was the blue one missin’? light blue helmet, light blue outfit. She’s a matcher. Light blue shirt..but was that at...in her closest? Or did you guys find it?” Regarding the bedding, Barry stated he observed sheets in the dryer---he stated, “Was her whole bed 's=‘cause | wasn't in ___gpis room. Was the whole bedding off?” Barry was asked to voluntarily submit to a polygraph examination, which he declined and said he would think about ~ said he “didn’t want to do anything that wasn’t 100% accurate,” he also said they “weren't admissible in court.” Agent Cahill observed scratches on Barry’s left upper arm. Barry stated, Yeah, like, that from a tree...in, uh - wh- when we were hikin’ in the mountains.” *° These injuries appeared to be healing, several days old scratches, Page 21 of 129(Barry Interview ~ May 21 On May 21, 2020, CBI Agent Cahill and Agent Derek Graham interviewed Barry for the purpose of reviewing the “Victimology” packets of Suzanne that were prepared by the Behavioral Analysis Unit (BAU) of the FBI. The interview was audio recorded. The following quotes were selected by SA Grusing for this affidavit: Barry stated, “I just, I just wish that you knew how amazing she was.” (Referring to Suzanne in past tense.) Per Barry, Suzanne began to abuse anti-depressants and alcohol to get away from the stress and anxiety of dealing with chemo and cancer. He said, “It’s the only thing we argued about,” and he cited text arguments. He added, “When she was in that mind, it wasn’t her.” Barry said that it was Suzanne, not him, who wanted to move from Indiana, He stated, “We (men) need sex. That's all we need and we'll be good.” Barry discussed the pills Suzanne took and how he “begged” her to stop taking them. He added that she got “mean” and angry. Barry stated that Suzanne had friends she kept from him, evidenced by her attempting to text someone and her saying it was none of his business, that it was “private.” Barry said that Suzanne gave her passcodes to him and he could access her phone, but it was “very suspicious” why she did not tel! him about some of her communications. Barry said that he gave Suzanne $300 to $400 per week for spending. He said, “She never went to an ATM. I'm - Barry was the ATM.” Regarding Barry leaving Suzanne alone on Mother’s Day, when she disappeared, he replied that his girls ‘were supposed to come home “and I didn’t feel bad, because | thought they were going to be there around lunchtime.” Barry stated that Suzanne’s alcohol consumption increased after May 6", when the girls left town and she did not have to hide the alcohol from _ Barry said on Friday “I think we jumped in her car and went to Moonlight (pizza). Got a pizza and a salad.” He said that they ate the pizza in the car and brought it home or brought it home to eat, “Maybe ate some of the um, some of the pizza on the way home and ate the salads.” Barry stated that Saturday (May 9) moming, he got up early, probably had to put a few tools in my truck.” Suzanne thanked him for the breakfast and was “perfectly normal,” giving him a kiss goodbye and “everything was great.” He told her that he would be home soon and they “could go bike riding or hiking or something,” Barry added that it was a “perfectly normal day,” and, “She was in a perfectly ‘200d mood.” When asked if anything out of the ordinary happened, Barry said, “No, no, it was a perfect day, Saturday.” When Agents asked Barry if Suzanne had been drinking, he said that he did not pay much attention because he “wanted to have a good night with her.” Page 22 of 129Barry said that they grilled steaks and did not leave the house after he got home that day. He said that he and Suzanne laid out on the patio in the sun. Barry said that she made soup for lunch. He left his phone alone because he wanted “a nice evening with my wife.” Suzanne talked to Barry that evening about purchasing a house in town for $800,000. He said that Suzanne was not on her phone that night that he knew of. When Agents asked Barry ifhe and Suzanne went to bed together, he replied, “I'm pretty sure we do,” and later, “I’m pretty sure we went to sleep together that night.” Suzanne did not leave the house after they had sex and went to sleep. When asked by Agents specifically if Barry used his phone to set his alarm for 4:30 AM on Sunday, he stated that he “just woke up on my own without an alarm,” CBI Agents asked Barry why he answered, “Sex,” as the number one reason why someone might be motivated to cause Suzanne to disappear on the BAU questionnaire. He answered, “Because my wife is beautiful,” He added, “And that’s my nightmare right now, like if somebody's got her and sexually abusing her right now as we speak.” Agents told Barry that workers who came to his hotel room following his May 10! departure commented that the room smelied like chlorine. He replied that he had no idea why and that maybe the hotel staff used it to clean because of COVID. ‘Agents also told Barry that documents were left in the room and asked him if he took any documents into the room, He replied, “Not to my knowledge. There was somebody in the room after me. It could have been his." When Agents asked Barry why he did not pick up Morgan Gentile, as agreed, on Sunday for the ride to Broomfield, he stated: “I didn’t want her to ride with me because she smokes,” and, “I told her I wanted her to drive her car,” and, “She was just gonna follow me.” (Barry Interview ~ May 28") ‘On May 28, 2020, CBI Agent Cahill and Agent Derek Graham interviewed Barry and audio recorded the interview. Barry was asked about the tranquilizer darts in his house. He stated that the darts’ purpose was to tranquilize bucks to sell them. He said the bucks could then be placed in a trailer that has cubicles. The tranquilizer is a sedative/narcotic and he only did this “tranging” and selling of bucks back in Indiana. Barry said he has not used the tranquilizer or darts in Colorado.” (Barry Interview ~ June 2") On June 2, 2020, SA Grusing met with Barry at a house near his residence to conduct an interview regarding the “victimology.” or pattern of life, of Suzanne. The interview was audio recorded. Barry said Suzanne might leave him but would never leave her daughters. Barry also agreed that an animal attack was unlikely and that an accident was unlikely, based upon the positioning of the bicycle and helmet 2 In Aprit 2021, Bary told a different story about the documents to FBI Agents ® This statement contradicts Barry's admissions to the PBI in 2021 of using tranquilizer darts and disposing ofthe evidence, Page 23 of 129Barry talked about Suzanne abusing alcohol and drugs, saying the last time Suzanne was doing well was, “The first summer we were here,” specifying that was the summer of 2018. ° Barry told SA Grusing that he thought Suzanne was abducted by someone. SA Grusing explained that the last similar violent act that occurred in the Salida arca happened in 1980. Barry was informed of the time of day Suzanne was riding, the low-traffic area, her minimal exposure in the community and other low-risk factors and stabilizers in her life. SA Grusing told Barry this looked like an “intimate partner homicide” and Barry did not object. SA Grusing noted Barry listed “Sex” as the top motivation someone might have had for Suzanne’s disappearance, Barry said he listed that because of how attractive Suzanne was, SA Grusing asked Barry why he only wrote “Convict” for his response on what should happen to the person responsible for Suzanne's disappearance, He replied, “It should be “convicted and held responsible.’ I mean that’s not what I wanted to write but, I mean I, inside me, I feel like I would like to physically harm them if they did this to my wife, that’s, but.” When Bary was asked of his last image of Suzanne, he initially replied that he did not see her on the morning of May 10 or remember a last image. SA Grusing walked Barry through his prior statements of seeing Suzanne and describing her clothing. Barry was asked multiple times what his last image of her was and he did not answer the question. Finally, fo elicit some response, SA Grusing asked if he even remembered seeing a lump of covers in his bed before he left for Broomfield. Barry replied that he saw, "Probably just the lump, there. I, I, I, detail is, remember her breathing," Regarding Friday, May 8*, Barry stated, “But, in the afternoon, it (the text fight) was like it never happened. She texted me back and it was just like, ‘Hey, what time are you coming home? Hey, this or that. Just pick this up or pick that up.”” Regarding the afternoon of Saturday, May 9, Barry said when he arrived home, Suzanne had vegetable soup waiting for them and they “just kinda sat out in the sun.” They sat out in the sun, talked, had a good day and decided they were going to grill steaks out that evening. He said she was “perfectly fine because there was no alcohol in her.” * Sheets off and Regarding Suzanne's activities on Saturday night, Barry stated, “She took washed them (Saturday evening).” Barry was asked if other people had passwords to get into the phones and laptops of Suzanne. He replied that Suzanne told him what her last password was - (Barry Interview — June 3") (On June 3, 2020, CBI Agents Cahill and Graham interviewed Barry at his residence. ‘The interview was audio recorded. The following quotes are selected for this affidavit: Regarding Friday moming, May 8, 2020, Barry stated, “That we had our text argument, I don’t even remember what it was about. She was in one of her moods.” Suzanne's affair with Libler started inthe late spring, carly summer of 2018, Barry would later tell SA Grusing that Suzanne was drunk when he was shown her lst proof-oFlife photo she sent to her lover st 2:03 PM os Saturday. Page 24 of 129