David Pena: Prosecutors drop murder case against ex-boyfriend of missing Boston woman in exchange for leading police to victim’s body

SUFFOLK COUNTY, MASSACHUSETTS: Authorities said that after deciding they could not prove David Pena, the alleged killer of Felicia McGuyer, as guilty beyond a reasonable doubt, prosecutors came to a plea agreement.

In exchange for pleading guilty to an unrelated drug case, he led authorities to the body of 32-year-old Felicia McGuyer, a spokesman for prosecutors in Suffolk County, Massachusetts, told Law and Crime on Thursday, February 1. 

What happened to Felica McGuyer? 

James Borgheshani of the Suffolk County District Attorney’s Office said, "The victim’s family was fully informed and was in court when Pena was sentenced." He added, "They were provided the opportunity to deliver impact statements but chose not to do so.”

Felicia was last seen on October 7, 2007, in the Boston neighborhood of Dorchester, in the area of Roxton Street, police said. Her disappearance was cited mysterious because she wasn’t communicating with loved ones, including her 10-year-old son, police said.

"McGuyer was 32 years of age when she disappeared, leaving behind her 10 year old son,” officers wrote. “She is described as a white Non-Hispanic female, approximately 5’2″, about 140 lbs, has a medium build, brown hair and green eyes. McGuyer’s family is concerned for her safety and well-being. It is not common behavior for McGuyer to be out of touch with her son, other family and friends.”

It all changed with authorities getting an arrest warrant against Pena, her boyfriend that time, on December 12, 2022.

Court filings state that he was extradited to Massachusetts in January 2023 after being detained in Florida on an immigration detainer. In addition, Pena was wanted for cocaine trafficking, as was previously reported.

What did court documents cite? 

A footnote in court documents said, “During the course of the grand jury investigation, the murder case against the defendant became legally and factually unsustainable and the Commonwealth determined that it could not meet its burden to prove each and every element of the charges to the standard of proof beyond a reasonable doubt.”

They entered the agreement. On August 8, Pena gave police the location of McGuyer’s body. Authorities recovered the skeletal remains the following 14th, documents said. They identified her through DNA, as per Law&Crime.

Pena entered a guilty plea to possession with intent to distribute on January 17 in exchange for the authorities dismissing the murder accusation against him. He faced a maximum penalty of five years and one day in jail.