Prosecutors dropped the murder case against David Pena in exchange for him leading government to the body of Felicia McGuyer. (Image of Pena: Nancy Lane/The Boston Herald by means of AP; image of McGuyer: Boston Police Department)
Prosecutors reached a plea deal after determining that they may now not achieve the reasonable doubt same old against suspected killer David Pena, authorities mentioned.
In alternate for pleading responsible to an unrelated drug case, he led government to the body of Felicia McGuyer, 32, a spokesman for prosecutors in Suffolk County, Massachusetts, advised Law&Crime on Thursday.
“The sufferer’s circle of relatives was once fully knowledgeable and was once in court docket when Pena was once sentenced,” James Borgheshani of the Suffolk County District Attorney’s Office stated. “They were provided the opportunity to ship affect statements but chose now not to do so.”
Felicia was closing noticed Oct. 7, 2007, within the Boston group of Dorchester, in the house of Roxton Street, police said.
Her disappearance was once out of persona because she wasn’t speaking with loved ones, including her 10-year-old son, police mentioned.
“McGuyer used to be 32 years of age when she disappeared, leaving behind her 10 12 months previous son,” officers wrote. “She is described as a white Non-Hispanic feminine, roughly 5’2″, about one hundred forty lbs, has a medium build, brown hair and green eyes. McGuyer’s family is worried for her safety and well-being. It isn't common habits for McGuyer to be out of contact along with her son, different friends and family.”
It all changed with authorities getting an arrest warrant against Pena, her boyfriend, on Dec. 12, 2022. Held in Florida on an immigration detainer, he used to be extradited to Massachusetts in January 2023, according to court docket documents.
As previously reported, Pena used to be additionally sought after for trafficking cocaine.
Borgheshani told Law&Crime on Thursday that they decided they may no longer meet the load of proving charges beyond a cheap doubt.
A footnote in court documents stated, “During the course of the grand jury investigation, the murder case against the defendant changed into legally and factually unsustainable and the Commonwealth made up our minds that it will not meet its burden to prove each element of the charges to the standard of evidence past an affordable doubt.”
From documents about the dropped murder case:
In June of 2023, the defendant thru suggest, volunteered information in regards to the cases of Ms. McGuyer’s disappearance. Specifically, the defendant stated that he knew the positioning of Ms. McGuyer’s body and offered to disclose it to Boston Police Department investigators in exchange for: (1) a promise by means of the Commonwealth to not charge or prosecute him for any conduct associated with Ms. McGuyer’s disappearance or demise; (2) a promise by the Commonwealth to enter a nolle prosequi within the Dorchester Division of the Boston Municipal Court on Docket #2207CR003342, which charged David Pena with the crime of Murder, in violation of M.G.L. c. 265, §1; and (3) that on an unrelated Suffolk Superior Court Docket, #1584CR11253, charging Mr. Pena with Trafficking Cocaine, two hundred grams or extra, that upon the defendant’s settlement to plead to blame to so much of the indictment charging Possession with Intent to Distribute Class B, and upon the Court’s acceptance of the change of plea, the parties would collectively recommend that that the Court sentence Mr. Pena to a term of 5 to 5 years and one day in state prison.
They entered the agreement. On Aug. 8, Pena gave police the location of McGuyer’s body. Authorities recovered the skeletal remains the next 14th, documents said. They identified her through DNA, Borgheshani informed Law&Crime.
In exchange for government losing the murder case, Pena pleaded to blame on Jan. 17 in his case for possession with intent to distribute. He was sentenced to up to five years and a day in prison.
Katie deJong contributed to this report.
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