CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #33 *ARREST*

[InvSmith]

Really? Link to PF wanting Wrongful death suit dismissed.

https://www.google.com/amp/s/gazett...a085bca8-2348-11e9-91c2-6bcc8b61464f.amp.html

 

[Snow Flower]

Just read the news that KBs parents cannot bring a wrongful death suit and I am heartbroken for them. Came here right away to see what was being said.

 

[AgeofAquaruis]

The civil suit was filed in Federal Court.

He actually looks more like Steve from “Blues Clues,” IMO.

Norman Bates

 

[PommyMommy]

I don't know if anyone has answered yet. Does anyone have a link to a copy of the complaint?

At first blush I would think federal law would apply but I might be wrong. Feds have jurisdiction because the litigants are from different states. So CO state law likely applies.

I'm not sure how this works. It's not my area of law. But it seems the Berreth's attorneys would know the law on this before filing?

 

[Hatfield]

JMO
This case really baffles me in so many ways.

Mainly because PF had so many alternatives and did not have to kill KB. If things were not working out then join the millions of other normal couples and work out a shared custody agreement. Instead he loses the child and most likely loses his freedom for life. Its crazy.

The other thing that baffles me to no end is how he thought he could get away with it based on his actions.

Takes her purse and phone but leaves her two cars there. But then sends texts telling employer and himself that she is going to be gone for a week or so.

So even if we are to believe she left on her own without her car or someone picked her up then what happens after that week is up? She would never abandon her child and she had 2 vehicles she would not abandon nor the house she owned. So who did he expect LE would think was responsible for her being gone? Hmmmm. Maybe the person that got her child the day she disappeared.

This case is really along the lines of the Chris Watts case as far as the stupidity part goes. I really think he believed if nobody could find her body then there is no way charges would come down on him. ehhh...Wrong. He obviously did not learn that no-body cases can be successfully prosecuted and they seem to be on the increase. They may not be nearly as common as body cases but there are many examples of them and the one common thing among them is all fingers point to the only likely suspect or the only reasonable reason the person is missing. In this case all fingers were pointing right at him from the start.

He gave LE no other reasonable reason why she would be gone so long without her cars or her baby.

It really makes me think something went wrong in his planning. Like maybe he really did dump her purse with the keys in it before he realized he needed them to move the car. Or maybe something else went wrong with his plan. It just seems so crazy how he thought he would get away with it.

I just wish he would have came to his senses and just had an amicable breakup like millions of other couples. None of this had to happen. They werent even married yet. And sure he may have not gotten all the visitation he wanted but that was his fault as much as anyone elses, so too bad. He needed to get past that and deal with it.

He needed to own it, take responsiblity, do the right thing, and not be selfish. He did none of those things.

Sorry for the small rant. This case really bothers me for the reasons mentioned. It was so preventable and did not have to happen.

 

[MassGuy]

Just read the news that KBs parents cannot bring a wrongful death suit and I am heartbroken for them. Came here right away to see what was being said.

The defense filed a motion to have it thrown out.

It has not been dismissed.

 

[Mercedes]

Just read the news that KBs parents cannot bring a wrongful death suit and I am heartbroken for them. Came here right away to see what was being said.

Already answered.

 

[jewelsmac]

I totally agree. He was stalling, big time.

People who want to get married and don't have a lot of money go to the courthouse, fill out the paperwork, and get married there. Or they get married in their living rooms, or do a small church wedding with the reception in the church hall. IMHO

Agrred. IMO neither of them wanted to get married at the point of her murder. Reaching back into my young woman memory bank, you’re completely in utterly in love with someone you want to be with them. She would’ve wanted to move in with him on his little ranch and lived her life with him and her baby even if mother-in-law was there. But I think she found out who he really was, knew that would not work, and got her own home. as for this financial excuse, how would her living in his mother’s home on their ranch together be a financial strain? It wouldn’t. It was an excuse because he could not go live where she was, and had no intention to do so. JMO

 

[Lhughessk]

You made me laugh out loud. LOL.

Yes, beef cattle roam and graze on large tracts of land in the west. There are still real cowboys on horses, herding dogs, and also they now use ATV's and small aircraft, and GPS tracking, to find the cattle when the owners want to round them up.

I knew a guy who owned a $50,000 Black Angus breeding bull they couldn't find. They took their small plane out (they also made money leasing their plane to other ranchers for the same purpose) and found him dead in a ravine. I said if I owned a $50,000 bull, he'd have his own bedroom inside my house!

Dairy cows must be tended to daily, milked. They are likely to have barns and a combination of green grass pasture grazing and daily feeding of corn, hay, etc. So you are correct. They tend to live and produce for several years.

Beef cattle are grown for slaughter and breeding. They have short lives.

In my work, I had the occasion to tour a Tyson facility just a couple of weeks ago. Chose not to go where the actual slaughter took place, but saw The assembly line of dead cows hanging on hooks and being transported to the processing room.

By the way, grass fed beef is the best tasting beef you can imagine.

 

[Mom24]

JMO
I am appalled at this part:

The motion also claims the parents cannot claim infliction of emotional distress because “they were not the targets of the alleged actions causing the wrongful death of Kelsy (sic) Berreth nor were they physically present or physically injured on the occasion of the alleged wrongful death.”

First off its obvious PF still to this day does not realize his actions had dire consequences and has hurt other people besides KB. Secondly, his lawyers argument about not being physically present or physically hurt is a direct contradiction to what the suit says.

The claim of emotional distress is what it means. Emotional distressing and emotional pain and suffering due to the death of their daughter. Of course they were not physically present or physically killed like KB was, but her death has caused them tremendous emotional pain and suffering as it would any parent of a murdered child. And I would even go as far to say there is some physical pain and illnesses that will materialize as they work through their grief even though the lawsuit is only claiming for emotional distress.

I hope PF and all his counter claims are thrown out by the courts and I hope it all backfires on him and is used against him in his criminal trial.

In that during their later years they now have to insure the well being and safety of Kelsey's child and attempt to somehow make up for the emotional distress that will follow said child for the rest of her life knowing her mother was murdered at the hands of her father, I would say they've been directly affected. And that doesn't even cover the 18 hours of labor, successfully raising a child to adulthood, making sure she got all her shots, cooking meals to make sure she grew up healthy and strong, only to have someone wipe her from their lives. As well as the love and hopes for the future, christmas gatherings, family get togethers, knowing she'd be there to help them in their dotage, yes I'd call them directly affected.

 

[Mercedes]

I imagine that is his plan.
I'm hoping he just earned the $ that will go to baby K, because he is responsible for her growing up without a mommy or a daddy!
Moo

Or to pay for his own criminal defense lawyer, rather than the taxpayers footing the bill. He is not indigent.

 

[katydid23]

How much do you think KB made? I think $40-50k.

I think her income was more stable and consistent. His jobs were not steady and he did not have a fixed monthly income. And he had major expenses with his jobs. She had the expense of the long commute, but that is all.

 

[Mom24]

Or to pay for his own criminal defense lawyer, rather than the taxpayers footing the bill. He is not indigent.

Speaking of that, and I know it's petty, but I do hope he has to sell his truck to pay for his defense costs. I think that truck means more to him than anything else.

 

[mtnlites]

Respectfully disagree. First the picture in your link is not of a small suitcase. Looks like a full-size one to me.

Second, it’s one thing for a living person to contort themselves to fit in a small space. It’s another thing to try to make a corpse fit that isn’t cooperating with you.

Even if you did get it to fit, the suitcase would be so overstuffed that it would look super suspicious to an onlooker, thus defeating the purpose, IMO

With all due respect, if done before rigor sets in, corpses' bodies can be manipulated and contorted in ways that living bodies cannot be. I have fit myself into many different suitcases over the years, for various reasons. I'm not saying that I necessarily believed this happened to KB, but I am not discounting it.

 

[MassGuy]

With all due respect, if done before rigor sets in, corpses' bodies can be manipulated and contorted in ways that living bodies cannot be. I have fit myself into many different suitcases over the years, for various reasons. I'm not saying that I necessarily believed this happened to KB, but I am not discounting it.

Yeah. I don’t necessarily think she was put into a suitcase, but it is absolutely feasible.

There are countless instances where intact human bodies have been found in luggage, to include people much larger than Kelsey was.

 

[InvSmith]

Me too.

Its so COLD. Speaks of his character.


moo

Oh, this will not work at all. Take a mother's child and daughter's mother give me a break.

 

[Lhughessk]

I have fit myself into many different suitcases over the years, for various reasons.

 

[katydid23]

I agree. However, idk that he lives on the same house as his mom. I would think he has separate quarters, on the same land. Jmo

Why would you think he has separate quarters? I don't see any other homes on that land.

 

[Hatfield]

With all due respect, if done before rigor sets in, corpses' bodies can be manipulated and contorted in ways that living bodies cannot be. I have fit myself into many different suitcases over the years, for various reasons. I'm not saying that I necessarily believed this happened to KB, but I am not discounting it.

In Colorado with it being a ski area, it was not uncommon to see very large and long duffel bags as people packed up to head to the mountains for a ski weekend trip.

I was thinking its possible he used a really large and long duffel bag to remove her from the home and if he did it at night then not many people would take notice even if they saw him loading up.

Xlarge Duffel Bag - Fits 9 to 11 Foot Tree - 60W x 28D x 22H | Coverstore

 

[jaspermac]

I wasn't too worried about the potential dismissal of the wrongful death lawsuit because it could just be refiled by the guardians of little K on her behalf.

But I was just reading about colorado law and for a child they can bring a wrongful death lawsuit but after the first year of the parent's death.

Edit: i reread it and remembered PF was not her spouse so I don't think the 1 yr wait period will apply to little K

This would likely mean that PF wouldn't get disposed before his criminal trial, so any advantage they were seeking there would be lost. It would also mean there will probably be no funds left anyway. Not that there probably would have been anything but...

I guess I was hoping that at the bare minimum with this wrongful death lawsuit he would have lost what little savings etc that he had to lawyers fees for his civil defense. By the time they are allowed to file on behalf of little K, I'm sure he won't have money for a civil lawyer..