Case 1:19-cv-00027-PAB-KMT Document 12 Filed 02/15/19 USDC Colorado Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 19-cv-00027-PAB-KMT

Cheryl-Lee Ellen Berreth and Darrell Lynn Berreth,

Plaintiffs,
v.

Patrick M. Frazee,

Defendant.

PLAINTIFFS’ NOTICE OF FILING OF AMENDED COMPLAINT

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;

attached and incorporated herewith as exhibit “1”.

Respectfully submitted this 15th day of February 2019.

BY PLAINTIFFS through counsel:

/s/ Angela C. Jones

Angela C. Jones
Perry R. Sanders, Jr.
SANDERS LAW FIRM
31 N. Tejon St., Suite 400
Colorado Springs, CO 80903
Telephone: (719) 630-1556
Fax: (719) 630-7004
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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.

/s/ Angela C. Jones

Original Signature on File per Rules
Angela C. Jones
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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 1:19-CV-00027-PAB

Cheryl-Lee Ellen Berreth and Darrell Lynn Berreth,

Plaintiffs,
v.

Patrick M. Frazee,

Defendant.

AMENDED COMPLAINT AND JURY DEMAND

TO THE HONORABLE JUDGE OF SAID COURT:

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:

PARTIES, JURISDICTION AND VENUE

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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4. At all times pertinent hereto Defendant Patrick M. Frazee, (hereinafter referred

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,

Teller County, state of Colorado.

JURISDICTION AND VENUE

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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Colorado pursuant to 28 U.S.C.S. § 1332 in that:

a. the matter in controversy exceeds the sum or value of $ 75,000, exclusive of

interest and costs, and

b. is between citizens of different States.

8. Venue is proper pursuant to 28 USCS § 1391 in that a substantial part of

the events or omissions giving rise to the claim occurred within the judicial district for the United

States District Court for the District of Colorado.

GENERAL ALLEGATIONS

9. All paragraphs previously set forth herein are incorporated by reference.

10. On or about Thursday, November 22, 2018, Kelsey went missing.

11. Between Friday, November 23, 2018, and December 2, 2018, Kelsey did not

respond to Plaintiffs’ calls or text messages.

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

to knowingly and deliberately communicate to Plaintiffs the following false statements,

misrepresentations, and/or calculated omissions:

a. Frazee and Kelsey broke up on/or about Thanksgiving Day 2018;

b. Frazee and Kelsey went to Cracker Barrel, “the restaurant Darrell [Berreth] likes,”

together on Thanksgiving Day 2018;

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

and her gun;

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

she often did when she was studying or KB was napping.

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

false statements, misrepresentations, and/or calculated omissions:

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;

c. Kelsey “put him down” in front of KB;

d. Kelsey didn’t always return home directly after she got off of work and that she

had gone out to dinner with some co-workers; and

e. Following and in explanation of her disappearance, Frazee suggested that Kelsey

may have flown somewhere with a friend or co-worker.

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

manufactured, were uncharacteristic of Kelsey.

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

record for the WPPD.

17. Also, on or about December 2, 2018, Cheryl-Lee Berreth asked Frazee to go to

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

about foul play.

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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

would be heard and/or read by Plaintiffs:

a. Frazee and Kelsey were not engaged;

b. Frazee and Kelsey were broken-up;

c. Frazee and Kelsey agreed to 50/50 custody of KB;

d. Kelsey was not KB’s primary caregiver;

e. Kelsey had “issues” that would warrant Frazee “getting full custody”;

f. Kelsey had been to “rehab”;

g. Kelsey left/abandoned KB in Frazee’s care;

h. Kelsey ran off;

i. Kelsey had run off before;

j. On November 25, 2018, Kelsey texted her employer stating she would not be in

to work for a week;

k. On November 25, 2018, Kelsey texted Frazee; and/or

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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would chase nonexistent leads, and would believe Frazee's ruse.

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

with the crime of the murder of Kelsey Berreth.

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

charged with the crime of solicitation of the murder of Kelsey Berreth.

12. Upon information and belief, Frazee committed and/or collaborated to commit the

murder of Kelsey Berreth.

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

collaboration to murder Kelsey Berreth.

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,

which resulted in damages to the Plaintiffs, occurred in the State of Colorado.

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.

SECOND CAUSE OF ACTION – NEGLIGENCE PER SE

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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.

THIRD CAUSE OF ACTION – CIVIL CONSPIRACY

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

conduct, by way of example and without limitation, as alleged above.

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

causing Plaintiffs severe emotional distress.

3332. Upon information and belief, Plaintiffs havePlaintiffs have suffered

and continue to suffer

severe emotional distress caused by Frazee’s extreme and outrageous conduct to include,

but not be limited to.:

a. Insomnia;

b. Stress;

c. Muscle and back pain;

d. Headaches;

e. Gastrointestinal problems;

f. Weight loss;

g. Loss of Appetite;

h. Anxiety;

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i. Depression.

a.

343. The above manifestation(s) of severe emotional distress commenced immediately

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,

those described above.

PRAYER FOR RELIEF

3535. As a result of the actions of Frazee, the Plaintiffs have sustained past and future

injuries, damages, and losses.

3636. Plaintiffs are also entitled to recover the following:

a. a. Costs of court expended herein, specifically including deposition

expenses and expert witness fees;

b. b. Pre-judgment, moratory judgment, and post-judgment interest at

the highest lawful rate; and

c. c. Such other and further awards as the Court deems just and proper

under the circumstances.

WHEREFORE, Plaintiffs respectfully request this Court enter judgment against Frazee

upon each and every claim for relief asserted herein for:

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aA. Compensatory and general damages in an amount, to be proven at trial and

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;

cC. An award of all costs of suit, as provided by law; and

dD. And for such other relief as this Court deems just and proper.

JURY DEMAND

PLAINTIFFS HEREBY REQUEST A TRIAL BY JURY ON ALL ISSUES HEREIN.

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Respectfully submitted this 15th day of February 2019.

BY PLAINTIFFS through counsel:

Address of Plaintiffs: /s/Angela C. Jones Perry R.

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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