Berreth family files wrongful death lawsuit against Patrick Frazee

COLORADO SPRINGS, Colo. (KKTV) - UPDATE 1/4/19:

Sources have confirmed with 11 News sister station KMVT in Idaho a woman named Krystal (Kenney) Lee was questioned in the case of a missing Woodland Park mom.

According to KMVT Lee lives within Twin Falls County. She is a registered nurse at St. Luke’s Health System. A hospital spokeswoman confirmed with KMVT Lee is on a leave of absence.

The connection between that Lee and Berreth's fiance Patrick Frazee — who is charged with Kelsey Berreth’s murder — is still unclear.

Police have said there was a cell phone ping in Gooding, Idaho, from Berreth's phone three days after she was last seen.

On Friday Patrick Frazee's attorney requested for the preliminary hearing to be rescheduled to Feb. 19. The judge granted the request. The judge also decided Frazee will be allowed to see court documents laying out the reason for his arrest. Prosecutors had asked Frazee be barred from seeing those documents, citing the safety of a possible witness.

Frazee is facing multiple charges in two separate theories prosecutors have in the case. Berreth was last seen on Thanksgiving and her body has not been located.

The parents of Kelsey filed a wrongful death lawsuit against Patrick Frazee. The document states the plaintiffs believe 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."

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PREVIOUS UPDATE 1/3/19:

As a suspected murder case moves forward and authorities continue their search for a missing Woodland Park mother's body a custody case over her child continues.

Patrick Frazee was in the courtroom on Thursday with his mom and sister for a custody hearing. Frazee was recently arrested for the alleged murder of his fiancee Kelsey Berreth.

Kelsey's parents were recently granted temporary physical custody of Patrick and Kelsey's child. Patrick's mother filed a motion to intervene. On Thursday, parties involved were still waiting to review discovery in the criminal case before proceeding further.

As of Thursday Teller County Department of Human Services had legal custody of the child while Kelsey's parents were once again granted temporary physical custody.

A pre-trial conference was scheduled for Feb. 7.

The following court document was provided publicly in relation to the custody case:

People v. Frazee – 2018JV26:

The case was set for pre-trial conference today. TCDHS requested closed hearing pursuant to 19-1-106; all parties agreed to closed hearing; Court finds closing hearing to the general public in child’s best interest; Court orders parents not to publicly comment about this D&N case out of concern for child’s best interests; Father was present in custody with counsel; GAL present; counsel for maternal grandparents present with maternal grandparents appearing by phone; paternal grandmother and aunt present with counsel; parties still waiting to review discovery in criminal case before proceeding further; Court finds good cause to extend adjudicatory deadlines; Court reserves right to hearing re: paternal kin motions to intervene & to request contested custody hearing; TCDHS & GAL have discretion to set up kin visitation; Court continues temporary legal custody of child with TCDHS, temporary physical custody with maternal grandparents; reset pre-trial conference to 2/7/19 at 8:30 a.m.