PHOENIX — The suspect accused of murdering a man and stuffing his body into a barrel appeared before a judge to be arraigned Tuesday morning.
Alfredo Gutierrez, 39, was indicted earlier this month on second-degree murder, kidnapping and aggravated assault charges over three years after he allegedly killed Lee Rice.
Rice's body was found zip-tied in a barrel inside Gutierrez's Phoenix home around the time of October 4, 2020.
Rice's mother tells 12News her son struggled with drug use and records show Gutierrez was dealing drugs.
A witness told police he saw the aftermath of Rice's murder, according to police records, and Phoenix PD then discovered Rice's body.
Gutierrez was arrested in October of 2020. But right before his trial was set to begin, the key witness was deported.
When the Maricopa County Attorney's Office tried to bring murder charges a second time last year, they could not track down that witness.
In both attempts, the county attorney's office dismissed the case without prejudice, meaning they could re-file charges.
Which is exactly what they've done this month.
Though the county attorney's office has not commented on the status of the witness, Gutierrez was indicted and arrested at the Douglas Port of Entry.
It's unclear if he was coming into the United States or leaving.
“The indictment filed in your matter alleges one count of murder in the second degree, which is a class one felony, one count of kidnapping, a class two felony, one count of aggravated assault a class three felony," said a judge during Gutierrez's initial appearance.
The legal process has been frustrating for Rice's mother, Colleen Rice, to navigate. More than once, she's been led to believe justice was coming.
“I have no faith in the justice system. I have more faith in God. He pulled it together. So let's see," Rice said.
Now, as the man accused of killing her son is held on a $1 million cash bond, she's refusing to give up hope.
“I'm trying to stay calm, trying to stay hopeful that we've made enough noise that somebody listened," Rice said.
Gutierrez has pleaded not guilty and is due back in court in April. His attorney, Jamie Jackson, declined to comment.
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