CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #23 *ARREST*

[InvSmith]

Whoa! I’m guessing the ‘negligence prior to her death’ was “immediately prior”???

If not, I’m now crying if there is even more to this story....

What in the heck?

 

[otto]

Missing Woman’s Fiance Facing Wrongful Death Lawsuit
The man accused of murdering his fiancée in Woodland Park is facing a wrongful death lawsuit. Police believe Patrick Frazee killed Kelsey Berreth, but her body has not been located.

Berreth’s parents are suing Frazee, who is facing first-degree murder charges and solicitation of first-degree murder in the death of Berreth.

@Gardener1850, @Trudie - We're getting closer. Here it is in print, but still no details.

Really like how hard her family is hitting him - first with custody, then with wrongful death. Clearly her family is not to be messed with.

 

[JKathryn]

I wonder if KB kept a journal?

I'm sure her phone and all text messages between she and PF would give them an inkling.

 

[tmar]

I wonder if KB kept a journal?

If so, this may explain: (from PommyMommy's recent post):
"The couple is also suing for negligence, alleging “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.”

 

[Trudie]

"prior to her death"??? How long prior to her death?

Really?

Did anyone notice PF seemed to be taunting CB, prior to his arrest, when he was photographed out with the baby?
That’s how I saw it. I wondered then, do they even “like” each other?
Again, imo, (which I am entitled to), I didn’t “feel the luv” when she spoke of him.

JMO

 

[Gardener1850]

Me too. Is that the only picture?
MOO

Maybe we should look here: US District Court - District of Colorado

(I'm terrible at finding court records )

 

[Jethro4WS]

Wow. Just WOW
Is this an effort to compel him to answer questions?

Yes. Honestly, these kinds of maneuvers make me question just how strong of a case law enforcement has.

 

[PommyMommy]

Maybe we should look here: US District Court - District of Colorado

(I'm terrible at finding court records )

We would have to have PACER and I don't think we can post if it's a paid-for document, can we? We just had that happen a thread or two ago. I will ask to be sure. Meanwhile, maybe one of the news outlets will share.
MOO

 

[Trudie]

Yes. Honestly, these kinds of maneuvers make me question just how strong of a case law enforcement has.

That was my first thought. Attorney/s how can there be a wrongful death suit if he’s not been to trial or pled? Help my tired brain grasp this! Tia

 

[gypsysoul]

Could the purpose of the wrongful death case be to bring forth information more quickly that could potentially aid in the Barreth's custody case? Does a civil suit progress more quickly through the courts than the criminal trial?

 

[Concernedmamaof3]

If there is truly evidence if PF abusing KB in the months prior to her death and any one covered for him, I really hope justice meets them as well. It makes me sick to think about. I am in awe of the strength CB and family have shown. I truly don’t know if I would be able to do the same if this was one of my daughters. It seriously terrifies me. How the heck do you protect your kids from monsters like what PF is accused of and what CW has admitted to?!

 

[gngr~snap]

I have a feeling we will see IN arrested, if she’s the one who was the witness in danger. I think they agreed to unseal the affidavit to him because IN will be in custody and won’t be a flight risk or a danger risk.

That makes sense!
Moo

 

[BRRI]

That last paragraph is disturbing.
I wonder what evidence they have, to make such a statement.
This is horrid.
MOO.

I think it's standard for wrongful death

 

[MuddyTires]

So case is filed in federal court. Case number is 1:19-cv-00027-PAB. It is filed in the parents' name, not in child's name. I read the complaint, it's almost all boiler plate language of the elements of the various claims. I don't think there's really much that can be gleaned from it. In fact, most of the allegations are "Upon information and belief."

 

[BRRI]

We would have to have PACER and I don't think we can post if it's a paid-for document, can we? We just had that happen a thread or two ago. I will ask to be sure. Meanwhile, maybe one of the news outlets will share.
MOO

I have PACER... if I can post, let me know and I will pull the documents

Documents are there... I'll post the docket for now until I know if I can post the documents

Date Filed # Docket Text
01/04/2019 1 COMPLAINT AND JURY DEMAND against Patrick M Frazee (Filing fee $ 400,Receipt Number 1082-6466586)Attorney Perry Ray Sanders, Jr added to party Cheryl-Lee Ellen Berreth(ptyla), Attorney Perry Ray Sanders, Jr added to party Darrell Lynn Berreth(ptyla), filed by Cheryl-Lee Ellen Berreth, Darrell Lynn Berreth. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Sanders, Perry) (Entered: 01/04/2019)

01/04/2019 2 Case assigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rroge, ) (Entered: 01/04/2019)
01/04/2019 3 SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (rroge, ) (Entered: 01/04/2019)

 

[Trudie]

If so, this may explain: (from PommyMommy's recent post):
"The couple is also suing for negligence, alleging “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.”

Wrongful Death Overview :: Justia

Interesting, easy read

 

[otto]

That last paragraph is disturbing.
I wonder what evidence they have, to make such a statement.
This is horrid.
MOO.

"The couple is also suing for negligence, alleging “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.”​

Berreth’s parents file wrongful death suit against fiancé

Could it be that there was a history of psychological abuse?

 

[Ccging]

I think it's standard for wrongful death

Even the “mental and emotional” part?

I know each case varies but sometimes wrongful death suits are medical or accidents so in those that language would not be in there.

Any attorneys here that can chime in on this?

 

[Gardener1850]

We would have to have PACER and I don't think we can post if it's a paid-for document, can we?
MOO

Yes, that's what it looks like. IDK the rules on that-- it was said for the records from the Cocourts website we couldn't post because of the paywall, but that is not an official gov website. On other cases in the past if a long time member paid for court records (like through an FOIA request) a PDF link with a WS watermark was allowed (pre-approved by Tricia). If anyone has PACER access they should probably message Tricia to ask if the records can be posted. Hopefully a media source will just post the docs though. JMO.

 

[dizzychick]

Curious as to where they may have worked together. She's a nurse and he's a rancher/farrier/dog breeder. Trying to picture commonalities. I could see maybe she worked with his mom instead. jmo

that's what I thought too and hey nurses make really good money at the hospital, I have a friend who made 80K in the 90's. Ferriers do not unless they are on a track in Kentucky and even then I bet it's not half what a nurse makes. Guessing this is why he still lives with his mom and why he hasn; 't grown up and married the mother of his baby... JMO though

 

[Esma]

I think it's standard for wrongful death

I don't think it's standard language. I looked up several wrongful death lawsuits and they are were written differently and specific to the case.