CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #19 *ARREST*

[Sixcats1]

In my opinion, if he was setting it up to look as if she was murdered during a robbery, there would have been no clean up. If you want it to appear as if someone died during a robbery you would leave a body and evidence of a robbery.

 

[The Saint]

Lance Benzel on Twitter
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31s

Highpoints of #Frazee hrg in #Kelsey Berreth case: 1. Frazee charged w/ 5 counts, including 1st deg murder and solicitation 2. Judge denies defense bid for gag order 3. Prosecutors ask for "consumptive testing" of unspecified evidence. Motion to be heard Friday.
@csgazette

Seeing "csgazette" cuased me to flash on it being either a cigarette
or the cinnamon roll.

 

[SharonNeedles]

OMG, bless her heart. She was trying to get away from the beast. Am I reading that correctly?

No. Furtherance or flight from that crime is in reference to PF. I take that to mean during the commission of robbery or while leaving after robbery.

 

[Ilovemy3boys]

Lance Benzel

May says no decision yet on potential death penalty. Says DA has nine weeks from arraignment to decide. Arraignment won't be till Jan. 29 at earliest.
@csgazette
#KelseyBerreth #Frazee

 

[SandyQLS]

So, they aren’t sure if it was premeditated or a result of another crime, so are charging for each possibility? Interesting.

That's my take on it. They aren't sure how the murder happened but they developed multiple solicitation attempts suggesting either 1st degree or felony murder?

 

[1mtroyal]

Possible scenario: Two people hired to kill Kelsey and make it look like a robbery. They go to PF to get paid and he kills both of them and the third person solicited is up in Idaho with the phone.

 

[Lhughessk]

I wonder if he set it up to look like a robbery. Someone goes in like they are robbing her, he then comes in and kills her

I wonder if what happened was he asked someone to kill her, they declined, then maybe they agreed to help him retrieve something from her townhome that he felt he was entitled to (especially if it’s true that they broke up, in which case it could have been a squabble over property).

So either PF alone, or with someone else, goes over there to strong-arm whatever it is away from KB. And she resists giving it up, so in the course of the struggle she suffers a mortal wound.

 

[PommyMommy]

Man accused of killing missing fiancee charged with 5 murder counts
Patrick Frazee, the man accused of killing his fiancee Kelsey Berreth, was charged with five counts of murder on Monday morning by Teller County prosecutors.

Frazee, 32, was charged with first-degree murder, three counts of solicitation to commit first-degree murder and first-degree felony murder.

The solicitation chargers suggest to investigators that Frazee conspired with at least one other person to kill Berreth.

The arrest affidavit has been sealed in the case. A consumptive testing hearing was scheduled for Friday and a preliminary hearing for Jan. 29.

 

[Warwick7]

In my opinion, if he was setting it up to look as if she was murdered during a robbery, there would have been no clean up. If you want it to appear as if someone died during a robbery you would leave a body and evidence of a robbery.

Exactly! I think he wanted something from her that she had, and she wouldn't give it to him, he robbed her of it, and in course of that robbery she died. It wouldn't be a disaster in the house, it wouldn't look like there was a robbery.

 

[Seattle1]

In Colorado you also commit first-degree murder when:

• Someone other than a co-conspirator dies during your commission or attempted commission of arson, robbery, burglary, kidnapping, or sexual assault (“felony murder”);
• As a result of your perjury or subornation of perjury, an innocent person is convicted and executed;
• Under circumstances evidencing extreme indifference to the value of human life, you cause the death of another person by knowingly engaging in conduct which creates a grave risk of death;
• You unlawfully distribute, dispense, or sell a controlled substance to a child under 18 on school grounds and the child dies from using the substance; or
• While occupying a position of trust with respect to a child under 12, you knowingly causing the death of the child.

Colorado "first degree murder" laws |18-3-102 C.R.S.

Could someone (expert) please explain the murder charges? Why two? Were two people murdered?
TIA!

 

[Ccging]

If they set it up as a robbery, what the heck were they supposed to be stealing? The huge diamonds in her safe? (Um no).

And I’m confused if it was a staged robbery, why take her body? This to me indicates PF was in fact the killer and his DNA is on her body. I’d venture she fought back and possibly his DNA is under her fingernails. He had to take her body to get rid of the DNA evidence. IMO.

 

[Ilovemy3boys]

Lance Benzel

That's a wrap on DA's news conference. They won't say more about evidence they plan to test, status of ongoing searches or potential for new arrests. No word on body being found. #Frazee #KelseyBerreth
@csgazette

 

[PommyMommy]

Frazee formally charged in missing Woodland mom case
He said two first-degree murder charges were filed under separate theories: deliberation and felony.

“Obviously, there’s only one murder in this case,” May said. “Under Colorado law, we file separate counts under different theories of first-degree murder. We filed under two theories: One is deliberation for murder. And the other is felony murder.”

 

[Hopefullyhelpful]

Interesting... Consumptive testing: Consumptive Forensic DNA Testing •

Omgoodness.....there go the cinnamon buns! (I’m sorry guys....somebody had to break the tension)

Poor KB. I retract my theory from last night. What in the world did this poor woman get mixed up in?

 

[BRRI]

If this was staged as a robbery, I’m really afraid of the violence to her body that she likely endured

 

[dixiegirl1035]

Maybe because her phone and purse were stolen?

THIS makes perfect sense now! Good point.

 

[BUF]

In my opinion, if he was setting it up to look as if she was murdered during a robbery, there would have been no clean up. If you want it to appear as if someone died during a robbery you would leave a body and evidence of a robbery.

I don't think it went as he had initially planned.

 

[BRRI]

Interesting... Consumptive testing: Consumptive Forensic DNA Testing •

I think this will be bone fragment or brain matter

 

[SiouxSays]

It isn't necessarily robbery that is the primary crime for the first degree felony murder charge. Since he did end up with Baby K in his possession and he is not the legally recognized (meaning Colorado gives no 'rights' to biological fathers who are not married to the mothers at the time a child is born) father of the baby, kidnapping could be the primary crime. Also, since KB's brother (who probably has never even been in her townhouse) claimed that nothing was amiss or missing, robbery seems unlikely because there is no currently disclosed evidence to support it (in the court of public opinion).

Edit: Responding to last comment in my post - there is now. Details forthcoming...

 

[Ilovemy3boys]

Lance Benzel

Quick explainer on #Frazee's five felonies. Two are first-degree murder under different theories of crime. One theory alleges Frazee killed #KelseyBerreth with intent and deliberation. Other alleges she died during commission of separate felony.
@csgazette

Lance Benzel
Three remaining counts are solicitation to commit murder. DA Dan May won't say more about allegations. No co-conspirators named in charging document. #KelseyBerreth
@csgazette
#Frazee