Family of missing Colorado woman Kelsey Berreth files wrongful death suit against her fiance

The family of Kelsey Berreth, a missing Colorado woman now presumed dead by authorities, has filed a wrongful death suit against her fiance, who has been accused of killing the 29-year-old mother.

Darrell and Cheryl Berreth filed the suit on Friday in Colorado’s federal district court. It seeks unspecified damages against 32-year-old Patrick Frazee for their daughter’s death.

According to the suit, obtained by KOAA, Frazee “acted as either the perpetrator or accessory to the murder of Kelsey Berreth” and in turn, “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.”

The family additionally accused Frazee of committing physical, mental and emotional acts of violence toward Berreth in the time leading up to her death.

Police have not yet found the Berreth, who was last seen in public on a grocery store on Nov. 22, but no longer believe she is alive. Nearly a month after she vanished, Frazee was arrested in connection with her death.

Related: Missing Colorado mother Kelsey Berreth

The pair had been engaged and shared 1-year-old daughter, Kaylee, together. Both sets of grandparents are seeking custody of the toddler, who is currently in the care of Berreth’s parents.

Frazee on Monday was formally charged with murder and solicitation to commit murder. According to court documents, he attempted to procure someone to kill Berreth on three separate occasions between September and November, but ultimately killed her himself on or around Thanksgiving.

Authorities have said they’ve uncovered evidence to suggest the mother-of-one, who also worked as a pilot and flight instructor, was killed in her Woodland Park home, not far from the Safeway where she was last seen shopping with her daughter. Police also said they tracked her phone to Gooding, Idaho on Nov. 25.

An unidentified Idaho woman is also under investigation in Berreth’s disappearance. Authorities are looking into whether or not the 32-year-old nurse played a role in disposing of the missing woman’s phone.

Frazee is due back in court on Feb. 19 for a preliminary hearing, when he will enter his plea in the case.