TELLER COUNTY, Colo. — The Colorado Court of Appeals has thrown out the sentencing for a former Idaho nurse imprisoned in connection with Kelsey Berreth’s murder in Woodland Park.
The court vacated Krystal Lee Kenney’s three-year sentence, after ruling the district court erroneously sentenced her outside the presumptive maximum term.
This will mean a shorter sentence for Kenney who was originally sentenced on January 28, 2020. The maximum presumptive sentence for a class six felony is eighteen months in the custody of the Department of Corrections, unless “aggravating circumstances” exist.
Any aggravating circumstances “must be submitted to a jury and proved beyond a reasonable doubt,” according to court documents. The court of appeals ruled that was not done in Kenney’s sentencing.
Kenney agreed to plead guilty to one count of tampering with physical evidence, a class six felony, in exchange for her sworn testimony in a separate homicide case against defendant Patrick Frazee.
Frazee was sentenced to life without the possibility of parole on November 18, 2019.
In the December 20, 2018 agreement, the District Attorney indicates that, “the potential sentence
would be a sentence to the Colorado Department of Corrections (DOC) in the range of 1 year to 18
months or up to 3 years in the aggravated range, community corrections or probation. The actual
sentence would be up to the Court.”
In court, Kenney admitted to the following: “I learned that a crime had been committed by Patrick Frazee. I knew that law enforcement would be investigating that crime. I moved the victim’s cell phone with the intent to impair the phone[’]s availability in the investigation. I had no right to move the victim’s cell phone.”
The DA’s office said that rather than contacting authorities when Berreth was murdered, Kenney instead cleaned up the murder scene and helped burn evidence of the crime. In addition, Kenney also took Berreth’s belongings back to Idaho in an attempt to mislead law enforcement.
Kenney’s attorney Dru Nielsen told FOX21 News that she wasn’t shocked with the Colorado Court of Appeals decision because it is the right decision. She added that it was what they argued prior to the sentencing and filed a brief about this issue so she was very pleased.
The resentencing date has not been set yet.
Kenney is currently being housed in the Denver Women’s Correctional Facility.
This is a developing story, stick with FOX21 News for the latest.