Prosecutors will not seek the death penalty for Patrick Frazee in alleged murder of his fiancée, Kelsey Berreth

Patrick Frazee entered a not guilty plea in connection to his fiancée's death.

July 28, 2019, 5:14 PM

The Colorado rancher charged with murdering his fiancée will not face the death penalty, the prosecutor's office confirmed on Sunday.

Prosecutors had a window of 90 days to file a death penalty motion after Patrick Frazee, who allegedly killed the woman he planned to marry, Kelsey Berreth, after he pleaded not guilty to murder charges.

Patrick Frazee, the fiance of missing Colorado mother Kelsey Berreth, is pictured in a booking photo released on Dec. 21, 2018.
Teller County Sheriff via KMGH

That timeline expired Friday with prosecutors making no such action, meaning that capital punishment is off the table.

Frazee entered a not guilty plea in May on charges of murder and solicitation to commit murder.

His trial is scheduled to begin in October.

Prosecutors allege the deadly attack against Berreth, who was the mother of Frazee's child and his fiancee, unfolded on Nov. 22, at Berreth's Woodland Park, Colorado, home.

Frazee allegedly blindfolded Berreth and had her guess the scents of different candles, according to an arrest affidavit. While Berreth was distracted, Frazee allegedly hit her with a bat, which ultimately killed her, the document said.

He allegedly hit her so hard that he even knocked a tooth out, the document said.

Kelsey Berreth is pictured in an undated handout photo.
Woodland Park Police Department

The couple's baby was in a playpen in Berreth's rear bedroom during the alleged murder, the document said.

Frazee allegedly burned Berreth's body in a black plastic bin on his property, according to the arrest affidavit.

Frazee and Berreth's daughter is in the custody of Berreth's parents.

Frazee's ex-girlfriend, Krystal (Lee) Kenney, allegedly told two friends that Frazee had asked for help killing Berreth, according to Frazee's arrest affidavit. But neither friend came forward to alert authorities despite knowing about the alleged murder plans one month before the crime, the arrest affidavit said.

Kenney, who investigators say admitted to cleaning up the gruesome murder scene, admitted in court to moving Berreth's phone from Colorado to Idaho, where the ex-girlfriend lives.

Patrick Frazee leaves the Teller County District Court in Cripple Creek, Colo., Monday, Dec. 31, 2018. Frazee learned of the five charges against him during his brief court appearance Monday in Cripple Creek.
Chappin Everett/The Gazette via AP

Frazee allegedly wanted Kenney to take Berreth's remains back to Idaho, but she refused, Kenney told investigators, according to the arrest affidavit.

Kenney pleaded guilty to one count of tampering with physical evidence. Her sentencing will take place after Frazee's criminal case has concluded.

ABC News' Carol McKinley and Clayton Sandell contributed to this report.