TELLER COUNTY, Colorado — Prosecutors are not seeking the death penalty against Patrick Frazee, the man accused of murdering his fiancée, Kelsey Berreth.

Fourth Judicial District Attorney Dan May had until the end of the day Friday to file a notice of intent. Lee Richards, a spokesperson for May’s office, told 9NEWS that they did not file the motion, but she did not give a reason.

Colorado law states a district attorney must decide within nine weeks of a defendant’s arraignment. There is no future opportunity to file a request for the death penalty.

In May, Frazee pleaded not guilty to murdering Berreth, from Woodland Park.

She was last seen on Thanksgiving Day. She is presumed dead, but her body has never been found.

Law enforcement officials arrested Frazee, 32, about a month after Berreth's disappearance. He faces multiple charges, including first-degree murder and solicitation to commit first-degree murder.

Frazee shares a child with Berreth.

His next court appearance is scheduled for October. Frazee is being held at the jail in Teller County.

Krystal Kenney, an Idaho woman who pleaded guilty to tampering with evidence in connection to this case, told investigators that Frazee beat Berreth to death with a baseball bat, and then hid her body in a barn in a black tote box, which was later burned. As part of her plea deal, she agreed to testify against Frazee.

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