Civil lawsuit reveals family's theory on why Kelsey Berreth was killed

A civil lawsuit filed in federal court on Friday reveals why the family of Kelsey Berreth believes she was killed by her fiancee, Patrick Frazee.

According to the document, it was a dispute over who should have custody of the couple's child, Kaylee.

It reads, "Frazee had motive to kill Kelsey in that he wanted full custody of KB [sic] and/or Kelsey to leave KB with him and Kelsey would not agree."

The family also believes Kelsey could have been fatally shot with her own gun.

They claim, "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."

The lawsuit recounts the conversations members of the Berreth family had with Frazee over the course of several days before and after Kelsey disappeard.

It also references the guilty plea and statement by Krystal Kenney last Friday in Teller County.

Kenney pleaded guilty to tampering with evidence, related to the disposal of Kelsey's cell phone to intentionally mislead police.

The lawsuit reads, "On Friday, February 8, 2018, Krystal Lee Jean 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."

Following the hearing Friday, District Attorney Dan May re-read the statement to the media that Kenney had read to the judge in court, and although May's account didn't specifically mention that Frazee had admitted to murdering Kelsey, the statement did say Kenney had learned of a homicide.

The civil suit seeks monetary damages for the Berreth family to account for the "infliction of emotional distress" and other conditions brought on by the disappearance and presumed death of Kelsey, but doesn't specify the exact amount sought.

According to the lawsuit, "Plaintiffs have suffered and continue to suffer severe emotional distress caused by Frazee’s extreme and outrageous conduct."

Kelsey Berreth was last seen in public Thanksgiving Day.

Police arrested Frazee at his home on December 21st. 

Frazee is due back in court on February 19th for a Preliminary Hearing.

At that time, prosecutors are expected to lay out all the evidence against Frazee, who is charged with first degree murder and other offenses.

A judge will then decide if there's enough evidence to send the case to trial.

KRDO Newschannel 13 will have full coverage of the hearing next Tuesday.



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