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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,

Plaintiff
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 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

LynnBerreth were husband and wife and the natural parents of Kelsey Berreth (hereinafter

referred to as “Kelsey”).

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

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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 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

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

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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

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;

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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

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

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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.

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

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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,

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.

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

murder of Kelsey.

23. On Monday, December 21, 2018, Frazee was criminally charged with the crime

of the murder of Kelsey. That same day, Frazee was also criminally charged with the crime of

solicitation of the murder of Kelsey.

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.

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.

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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.

FIRST CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

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

30. Frazee engaged in extreme and outrageous conduct, by way of example and

without limitation, as alleged above.

31. Frazee engaged in such extreme and outrageous conduct and he did so recklessly

and with the intent of causing Plaintiffs severe emotional distress.

32. Plaintiffs 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;

i. Depression.

33. 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. As a direct and proximate cause of Frazee’s extreme and outrageous conduct,

Plaintiffs have sustained damages including, but not limited to, those described above.

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PRAYER FOR RELIEF

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

injuries, damages, and losses.

36. Plaintiffs are also entitled to recover the following:

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

and expert witness fees;

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

lawful rate; and

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:

A. 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;

B. Interest from the date of Kelsey’s death as provided by statute;

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

D. 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:

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