PHOENIX — A jury deliberating over a murder trial for a man accused of killing another man and putting his body into a barrel couldn't come to an agreement on the verdict, ending the trial deadlocked.
The jury found the defendant, Alfredo Gutierrez, not guilty of kidnapping and aggravated assault but could not come to a conclusion on the most serious charge of second-degree murder.
A mistrial was declared for the murder charge and the case was dismissed without prejudice, meaning the state can re-file that charge again in the future.
'I'm done with hope.'
Gutierrez was accused of murdering Lee Rice in October of 2020. Rice's body was found inside Gutierrez's brother's home in the guest bedroom Gutierrez stayed in. Rice's body was upside down in a barrel and his wrists, ankles and neck were zip-tied.
Rice's mother is left devastated.
“It hasn’t sunk in yet," said Colleen Rice, Lee Rice's mother.
Colleen Rice is still trying to understand how all of the years she has spent fighting for her son have led to this. It took years for charges against Gutierrez to stick.
In 2021, the first time the state tried to take the case to trial, the state's key witness was deported. It took years to track him down.
Rice wrote letters to judges and the county attorney in the meantime to ensure her son's case was not forgotten about.
Every day of the trial was painful for Rice. She was forced to relive horrific details, but she pushed through.
“What really shook me was to find out how tight the zip-tie was around his neck," Rice said.
She was hopeful that she would finally get justice for her son at the end of the trial.
“I am just so royally pissed that in the state of Arizona, county of Maricopa, city of Phoenix, you're allowed to have a dead body of a murdered person in your house upside down in a barrel," Rice said.
Photos during trial showed blood splattered throughout the home. Rice noted there was a lack of DNA evidence and fingerprints, but she can't comprehend how the presence of her son's body alone wouldn't constitute a conviction on at least one of the charges.
“I thought that was kidnapping, but the jury found him innocent of that," Rice said.
As Rice holds onto the good memories from her son's childhood, she's not sure where she goes from here.
“I’m done with hope," Rice said.
A spokesperson for the Maricopa County Attorney's Office said although the murder charge was dismissed without prejudice, there are no plans to re-file charges at this time. They stated that could change if law enforcement uncovers new evidence or if a new witness comes forward.
“The whole thing is disturbing to realize that your loved one can be there for that length of time and nobody gets charged. Nobody," Rice said.
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