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Plaintiffs,
v.
Patrick M. Frazee,
Defendant.
COMES NOW the Plaintiffs Cheryl-Lee Ellen Berreth and Darrell Lynn Berreth, by and
through counsel, and hereby submits to this Court notice of the filing of the Amended Complaint
and Jury Demand with strikes through the text to be deleted and underlines the text to be added;
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of February 2019, a true and correct copy of the
foregoing NOTICE OF FILING was served via ECF to all parties of record.
Plaintiffs,
v.
Patrick M. Frazee,
Defendant.
COME NOW the Plaintiffs, by and through their counsel of record, Perry R. Sanders, Jr.
and Angela C. Jones of Sanders Law Firm, and for cause to complain their Amended Complaint
and Jury Demand against the Defendant state and allege as follows:
1. At all times pertinent hereto, the Plaintiff Cheryl-Lee Ellen Berreth was a natural
person and citizen of the state of Idaho and resides in Bonner County.
2. At all times pertinent hereto, the Plaintiff Darrell Lynn Berreth was a natural
person and citizen of the state of Idaho and resides in Bonner County.
3. At all times pertinent hereto, Plaintiffs Cheryl-Lee Ellen Berreth and Darrell Lynn
Berreth were husband and wife and the natural parents of Kelsey Berreth (hereinafter
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referred to as “Kelsey”).
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to as “Frazee”), was a natural person and citizen of the state of Colorado and resided in Teller
County.
5. This matter arises as a result of the death of Kelsey Berreth, who, upon
information and belief, was murdered on or about November 22, 2018, at the direction and/or
hand of Frazee in or about Woodland Park, Teller County, state of Colorado.This matter arises
as a result of the extreme and outrageous conduct of Frazee occurring approximately on and/or
between the dates of November 22, 2018, and December 23, 2018, in or about Woodland Park,
6. The situs of the incident giving rise to this cause of action is located within
the jurisdiction of the United States District Court for the District of Colorado.
7. Jurisdiction is proper within the United States District Court for the
District of
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the events or omissions giving rise to the claim occurred within the judicial district for the United
GENERAL ALLEGATIONS
11. Between Friday, November 23, 2018, and December 2, 2018, Kelsey did not
12. On December 2, 2018, Cheryl-Lee Berreth, on Plaintiffs’ behalf, called Frazee and
asked him if everything was “okay”. Frazee responded with “here’s the story…” and proceeded
b. Frazee and Kelsey went to Cracker Barrel, “the restaurant Darrell [Berreth] likes,”
c. Kelsey agreed to share with Frazee 50/50 custody of their daughter (hereinafter
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referred to as “KB”);
d. Thereafter, Kelsey left KB with Frazee while she “figured out what she was going
to do”;
e. Kelsey had asked Frazee for her things back, so he gave Kelsey her keys
f. On the Sunday following Thanksgiving, November 25, 2018, Frazee and Kelsey
had planned to do something together and that he had spoken to her in the morning;
and
g. When he later sent a text and she didn’t respond, he figured she had put her
phone on do-not-disturb so that she could study, which is something he said that
13. During that same December 2, 2018 call, when Cheryl-Lee Berreth pressed for
additional details, Frazee knowingly and deliberately communicated to Plaintiffs the following
a. Frazee had “had enough and wasn’t going to deal with things anymore”;
b. when he and Kelsey were together it always started out good and then went bad;
d. Kelsey didn’t always return home directly after she got off of work and that she
14. After telling Clinton Berreth, Plaintiffs’ son and Kelsey’s brother, and Darrell
Berreth about Frazee’s statements made during the December 2, 2018 call, Cheryl-Lee Berreth
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called Frazee again, as they were all extremely worried; the behaviors Frazee had earlier
described, which upon information and belief Plaintiffs now aver Frazee calculatingly
15. Following the second December 2, 2018 call, to Frazee, Cheryl-Lee Berreth
contacted the Woodland Park Police Department (hereinafter referred to as “WPPD”) and asked
them to go to Kelsey’s home to check on her. An official of the WPPD reported back to Plaintiffs
that Kelsey’s vehicles were there, but no one had answered the door. Because of this, Cheryl-
Lee Berreth contacted Frazee and once again asking him to print a copy of Kelsey’s phone record
for the WPPD, as Kelsey’s phone plan is a part of Frazee’s account. Frazee said he would try.
16. Upon information and belief, Frazee made no attempt to produce Kelsey’s phone
Kelsey’s home to check on her. Frazee said he was in Westcliffe but promised that he would do
so. Cheryl-Lee Berreth also sent a text message to Frazee on or about this same date, asking him
to pick up a package if it was on Kelsey’s doorstep. Upon information and belief, Frazee did
neither.
18. On December 3, 2018, Frazee called Cheryl-Lee Berreth and told her he hadn’t
been able to access Kelsey’s phone records online. He stated that she had set up the online access
when she was working in Grand Junction and he didn’t know the answers to the access questions
like “where did you meet your spouse?” Frazee also stated that he thought that Kelsey may have
opened her own phone plan and changed her phone number. He told Cheryl-Lee Berreth: “I love
your daughter.” He said that Woodland Park is a safe place and the Berreths didn’t need to worry
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19. Upon information and belief, during periods relevant to this Amended Complaint
and Jury Demand, Frazee also made to others and/or caused to be published to the press or
otherwise the following untrue reports, which he knew or showed reckless disregard that they
e. Kelsey had “issues” that would warrant Frazee “getting full custody”;
j. On November 25, 2018, Kelsey texted her employer stating she would not be in
l. On November 25, 2018, Frazee spoke and/or texted with Kelsey; and
m. Frazee returned to Kelsey her keys and her gun that were in his possession.
20. Upon information and belief, Frazee did all acts alleged in paragraphs 10-19 herein
knowing that Kelsey was dead because he had killed her, or caused her to be killed, on November
22, 2018. Furthermore, all acts described paragraphs 10-19 herein were directed at the Berreths
with the intent to, or knowledge that the Berreths would rely on Frazee's statements and actions,
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21. The Berreths relied upon the statements and actions of Frazee, and said actions and
statements made them extremely distraught. This emotional distress was magnified when the ruse
was uncovered.
10. 22. Upon information and belief, Frazee committed and/or collaborated to
commit the murder of Kelsey. On Monday, December 24, 2018, Frazee was criminally charged
23. On Monday, December 21, 2018, Frazee was criminally charged with the crime
of the murder of Kelsey.
11. That same dayOn Monday, December 24, 2018, Frazee was also criminally
12. Upon information and belief, Frazee committed and/or collaborated to commit the
24. Frazee’s statements in paragraphs 10-19, demonstrably false, are consistent with
culpability.
25. Upon information and belief, Frazee had motive to kill Kelsey in that he wanted
full custody of KB and/or Kelsey to leave KB with him and Kelsey would not agree;
26. Upon information and belief, Frazee had an opportunity to kill Kelsey or have
Kelsey killed in that he had her keys and, because he had her gun, she was vulnerable to an attack.
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13. This action seeks damages against Frazee for his actions to murder and/or
27. On Friday, February 8, 2018, Krystal Lee Jean Kenney (hereinafter referred to as
“Kenney”) testified under oath in the District Court of Teller County, Colorado, that Frazee
admitted to Kenney that he had murdered Kelsey on or about November 22, 2018.
28. Upon information and belief, the acts and/or omissions complained herein,
14. Upon information and belief, the acts and/or omissions complained herein, which
resulted in damages to the Plaintiffs, occurred in the State of Colorado.
FIRST CAUSE OF ACTION – WRONGFUL DEATH
15. All paragraphs previously set forth herein are incorporated by reference.
16. Upon information and belief, when Frazee enacted physical, mental, and
emotional acts of violence upon Kelsey Berreth prior to her death, Frazee breached the duty of
care with which a reasonable person should conduct himself toward another human being, and
such breach resulted in the death of Kelsey Berreth.
17. Upon information and belief, when Frazee acted as either the perpetrator or
accessory to the murder of Kelsey Berreth, Frazee breached the duty of care with which a
reasonable person should conduct himself toward another human being, and such breach was the
direct and proximate cause of the death of Kelsey Berreth.
18. Upon information and belief, by one or more of the actions alleged above, Frazee
wrongfully caused the death of Kelsey Berreth and, as a direct and proximate result, Plaintiffs
have sustained damages.
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19. All paragraphs previously set forth herein are incorporated by reference.
20. Upon information and belief, when Frazee enacted physical, mental, and
emotional acts of violence upon Kelsey Berreth prior to her death, Frazee breached the duty of
care with which a reasonable person should conduct himself toward another human being, and
such breach resulted in the death of Kelsey Berreth; in so doing, Frazee violated C.R.S. § 18-
3-
102, Homicide and/or C.R.S. § 18-3-103, Murder in the Second Degree.
21. Kelsey Berreth is a member of the class for whose protection the aforementioned
statutes were enacted.
22. Upon information and belief, the events and injuries that Kelsey Berreth endured
as a result of Frazee’s actions prior to her death are the forms of injuries that the passage of these
statutes were intended to prevent.
23. Upon information and belief, the violation(s) of these statutes by Frazee were
the direct and proximate cause of each injury Kelsey Berreth suffered prior to her death.
24. Upon information and belief, as a direct and proximate cause of said violation
of these statutes by Frazee, Kelsey Berreth endured fatal injuries that resulted in her untimely
death on or about November 22, 2018.
25. Upon information and belief, as a direct and proximate cause of said violation
of these statutes by Frazee, Plaintiffs incurred economic loss and damages, to include but
not limited to net pecuniary losses and other economic losses, and non-economic losses
and damages, to include but not limited to solatium, grief, emotional distress and suffering, and
loss of quality of life.
26. All paragraphs previously set forth herein are incorporated by reference.
27. Upon information and belief, Frazee, by words and/or by conduct, agreed to
the murder and/or coverup of the murder of Kelsey Berreth.
28. Upon information and belief, Frazee committed one or more unlawful acts
in order to accomplish the murder of Kelsey Berreth.
29. Upon information and belief, as a direct and proximate cause of the murder and/or
conspiracy by Frazee to murder Kelsey Berreth, Plaintiffs have sustained the injuries, damages,
and losses set forth herein, to include but not limited to net pecuniary losses, other economic
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losses, and non-economic losses, to include but not limited to solatium, grief, emotional distress
and suffering, and loss of quality of life.
FOURTH
FIRST CAUSE OF ACTION –
INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
3029. All paragraphs previously set forth herein are incorporated by reference.
3130. Upon information and belief, Frazee engaged in extreme and outrageous
3231. Upon information and belief, Frazee engaged in such extreme and outrageous
conduct and before, during, and after the murder, that he did so recklessly and with the intent of
severe emotional distress caused by Frazee’s extreme and outrageous conduct to include,
a. Insomnia;
b. Stress;
d. Headaches;
e. Gastrointestinal problems;
f. Weight loss;
g. Loss of Appetite;
h. Anxiety;
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i. Depression.
a.
following Frazee’s extreme and outrageous conduct set forth in paragraphs 10-19 above.
34. Upon information and belief, aAs a direct and proximate cause of Frazee’s
extreme and outrageous conduct, Plaintiffs have sustained damages including, but not limited to,
3535. As a result of the actions of Frazee, the Plaintiffs have sustained past and future
c. c. Such other and further awards as the Court deems just and proper
WHEREFORE, Plaintiffs respectfully request this Court enter judgment against Frazee
upon each and every claim for relief asserted herein for:
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determined by the trier of fact, to fully compensate Plaintiffs for their damages;
bB. Interest from the date of Kelsey Berreth’s death as provided by statute;
dD. And for such other relief as this Court deems just and proper.
JURY DEMAND
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Sanders, Jr. _
Cheryl-Lee Ellen Berreth Perry R. Sanders, Jr.
Darrell Lynn Berreth Angela C. Jones
General Delivery SANDERS LAW FIRM
Bonner County, ID 31 N. Tejon St., Suite 400
Colorado Springs, CO 80903
Telephone: (719) 630-1556
Fax: (719) 630-7004
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