PHOENIX — A Valley mother is continuing her push for justice three years after her son was murdered. The man accused of killing him has been charged twice and in both cases, the county attorney's office dropped the charges.
In October of 2020, Lee Rice's body was found zip tied and stuffed in a barrel inside the home of Alfredo Gutierrez, according to police reports and court records.
Three years later, his mother questions how nobody is facing charges for his murder.
“I want answers. I want somebody arrested for something," said Colleen Rice, Lee Rice's mother.
Police reports indicate a witness saw the aftermath and multiple others had been staying in the home where the alleged crime occurred.
Police arrested Gutierrez and the county attorney's office charged him with first degree murder. He was given a $1 million bond but in 2022, days before trial was set to begin, the key witness was deported. The county attorney's office dropped the case and claimed they needed the witness to proceed.
“I just don't understand how you can get so close," Rice said.
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In January of this year, Rice's rollercoaster continued. Despite not being able to track down the witness who had been deported, the county attorney's office charged Gutierrez again. This time, in a May pre-trial conference, the judge assigned to the case made sure the state was ready to proceed regardless.
“The state’s ready to go even if that witness is not going to be participating in the trial?” asked the judge.
“The notes I have from Ms. Lowe are that we can affirm dates," responded the prosecution.
Affirming dates to move forward to trial, yet a month later, they pulled the case again. The suspect walked free and Rice was still left without justice for her son.
“I just couldn’t believe it," Rice said.
12News asked Maricopa County Attorney Rachel Mitchell about the case during a November press conference.
“The key witness was deported despite our efforts and then when we had information, reasonable belief that we could get that individual back, we re-filed. Now that turned out not to be the case," Mitchell said.
But Rice still questions why the state told the judge to move forward knowing they still did not have their witness and getting her hopes up once again.
Despite the whirlwind of emotions, all while dealing with grief after losing her son, Rice is now trying to take matters into her own hands by speaking out and demanding answers.
“Do you remain hopeful that ultimately, the person responsible will pay for what they did?” asked 12News reporter Bianca Buono.
“Mhmm," Rice said. "If it doesn't, well, it might have to go beyond more years than I have on this Earth.”
Mitchell said because this is a murder case, there is no statute of limitations, so although nobody is facing any charges for Rice's death now, the case is not over.