CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #13 *ARREST*

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Soliciting a felony in Colorado
Under Section 18-2-301 of the Colorado Revised Statutes (C.R.S.) you commit criminal solicitation when:

  • You attempt to persuade another person to commit a felony, or
  • You offer your services or the services of a third party as either a principal or accomplice to commit a felony;
AND

  • You intend to promote or facilitate the commission of that crime, under circumstances strongly corroborative of that intent.
Looks like this alone could get him 24 years if convicted.
 
Seattle1 said:
Where is KB's body?

Reporter Sam Kraemer reminding public that Kelsey Schelling of Denver, last seen in Pueblo, is another case where prosecution is moving forward although her body has never been located.
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The police said they have "narrowed down" the area where they believe the body to be. I think it will be recovered quickly. PF may have exercised his right to remain silent with the police, but I think he has told too much to someone else. Yep, I believe it will be recovered in a matter of days.
 
Soliciting a felony in Colorado
Under Section 18-2-301 of the Colorado Revised Statutes (C.R.S.) you commit criminal solicitation when:

  • You attempt to persuade another person to commit a felony, or
  • You offer your services or the services of a third party as either a principal or accomplice to commit a felony;
AND

  • You intend to promote or facilitate the commission of that crime, under circumstances strongly corroborative of that intent.
Solicitation penalties
Penalties for solicitation depend on the crime you solicited. In general, the punishment for solicitation is one class of felony less serious than the crime solicited.

Defenses to solicitation can be quite varied, but often involve showing that there is no evidence “strongly corroborative” of an intent to cause the commission of a crime.

Because solicitation defenses can be quite technical, it is imperative to retain an experienced Colorado solicitation lawyer as soon as possible after you have been charged.


To help you better understand Colorado's criminal solicitation law, our Denver Colorado criminal defense lawyers discuss the following, below:

Colorado class 1 felony is a class 2 felony, punishable by up to 24 years in prison.
If the felony solicited is not defined under the Colorado Criminal Code (Title 18 of the C.R.S.) and no penalty is specifically set forth in the statute, soliciting that felony is a class 6 felony.

Drug felonies are slightly different. Except as otherwise provided by law:

For a full list of the presumptive range of prison sentences for each class of felonies and drug felonies, as well as possible criminal fines, please see our article on Colorado Felony Sentencing.

Additionally, note that regardless of the class of felony committed, if Colorado law defines the crime as a crime of violence, you will face an increased sentence (up to twice as long) and prison time will be mandatory.

To learn more about penalties for Colorado crimes of violence, please see our article on Colorado Violent Crimes Sentencing (18-1.3-406 C.R.S.).

You changed your mind
It is an affirmative defense to solicitation charges that after soliciting another person to commit a felony, you persuaded that person not to do so or otherwise prevented the commission of the crime. The burden is on you, however, to show that you did so under circumstances manifesting a complete and voluntary renunciation of the crime.11

  • Example: After Ethan's girlfriend breaks up with him, Ethan hires someone to kidnap her minor child. However, after he cools down, he realizes it's a bad idea. He calls it off, but the kidnapper goes ahead with the crime anyway. Ethan is arrested and charged with solicitation of kidnapping. But after Ethan's Colorado solicitation attorney discovers text messages and emails showing that Ethan tried repeatedly to call off the crime, the prosecutor drops the charges.
Note that your renunciation and abandonment of the crime will not be considered voluntary and complete if it is motivated in whole or in part by:

  • A belief that a circumstance exists which increases the probability of detection or apprehension or which makes the consummation of the crime more difficult; or
  • A decision to postpone the crime until another time or to substitute another victim or another but similar objective.12
Illegal search and seizure
If the evidence against you was obtained as the result of an illegal Colorado search and seizure, your Denver criminal attorney can bring a motion to suppress that evidence.

This is a particularly effective defense in a solicitation case, where the prosecutor must establish your intent to facilitate a crime beyond a reasonable doubt. If any of the corroborating evidence is suppressed, it can be a crippling blow to the prosecutor's case. Your Colorado criminal defense attorney will often be able to use the suppression to negotiating an acceptable plea bargain. In some cases, it can even lead to the prosecution dropping the case against you entirely.

Colorado crime of conspiracy, 18-2-201 C.R.S. and the Colorado crime of attempt,18-2-101 C.R.S., As a result, the penalties for each of these crimes is identical.

A key difference between solicitation and conspiracy is that for the crime of conspiracy to take place, there must be an agreement between at least two people to commit a crime and an overt act in furtherance of that agreement. In the offense of criminal solicitation, on the other hand, the motive or intent of the person solicited is irrelevant to the question of whether the person soliciting the crime has violated the solicitation statute.

And to be guilty of criminal attempt, you must engage in conduct constituting a substantial step toward the commission of the offense. This differs from both solicitation and conspiracy, neither of which require anything more than statements (albeit ones made with intent to facilitate or engage in a crime).

The important thing to note is that each of these offenses requires the proof of at least one fact not required by the other. For instance, a conspiracy may be committed without the inducement required for the crime of solicitation. Solicitation, on the other hand, may be committed without the parties ever reaching an agreement or without any overt act in furtherance of the crime solicited.

This means that none of these crimes is a lesser-included offense of the other(s). Another way of saying this is that the crimes do not merge. This means that you can be convicted of both solicitation and conspiracy, or of both solicitation and attempt, or possibly even of all three.

  • Example: Jessica approaches her friend Mary about stealing some cocaine from the house of a drug dealer the two of them know. When Mary hesitates, Jessica sends her several text messages that establish that she is serious about doing it. At this point, Jessica is guilty of criminally solicitation. Later, Mary agrees and they work out a plan. Jessica and Mary are now guilty of criminal conspiracy. Still later, the women try to break into the drug dealer's house, but they are caught by a pair of police officers who have had the dealer under surveillance. Jessica is charged with solicitation, conspiracy AND attempt to commit burglary and theft of a controlled substance. Mary is charged with conspiracy and attempt.
Soliciting for child prostitution,18-7-402 C.R.S., is a different offense than criminal solicitation.

Criminal solicitation is what is known as an “inchoate” offense. An inchoate offense is one that exists only in relation to a separate crime that is defined elsewhere in the Colorado criminal code. Attempt consists of trying to commit a specific crime. Solicitation is an inducement to someone to commit a specific crime.

Punishment for these inchoate offenses depends on the penalty for the specific crime attempted or solicited. So, for instance, solicitation to commit Colorado first degree murder (18-3-102 C.R.S.), a class 1 felony, is a class 2 felony. Solicitation to commit Colorado robbery (18-4-301 C.R.S.), a class 4 felony, is a class 5 felony. And so on.

But soliciting for child prostitution is a crime in and of itself. It does not make reference to any other section of the criminal code. Nor is the punishment for soliciting child prostitution dependent on any other crime. In fact, there is no such crime as child prostitution.

What makes this distinction important is that soliciting for child prostitution is not a specific intent crime. While abandonment and renunciation is an affirmative defense to solicitation, it is not a defense to soliciting for child prostitution.13


Colorado’s "Criminal Solicitation" Laws (18-2-301 C.R.S.)









 
jillianelaine said:
The police said they have "narrowed down" the area where they believe the body to be. I think it will be recovered quickly. PF may have exercised his right to remain silent with the police, but I think he has told too much to someone else. Yep, I believe it will be recovered in a matter of days.
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I agree and someone involved is definitely working with LE , cause Colorado to Idaho is a huge area to narrow it down without a tip.
 
gitana1 said:
Me too. We see that usually when there's money involved. Like a person doesn't want to lose half their assets. Or in the middle of nasty custody battles. But it seems they were hanging with one another and spending time together.

It will be interesting to find out more info.

I wonder now if we can figure out more from listening to Kelsey's mom's careful statements in the past, knowing what we know now.
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I always thought Kelsey's mom sounded like she was now "second guessing" all the things she'd thought or been told about the kind of relationship her daughter had with PF. Perhaps she was trying to convince herself that they had a good relationship, were going to get married, etc., because the alternative was that she somehow missed what was really going on in her daughter's life (which unfortunately leaves a parent with an incredible sense of guilt for not being able to protect their child).

On a different note, it's interesting that LE is saying her phone was/is in Idaho. I had a strange, random thought that she might have told him she wanted to move back to Idaho, and he thought to himself, "You want to go back to Idaho, I'll take you back to Idaho. There. Are you happy now?! You're back in Idaho." UGH, I hate that thought.
 
I just woke, opened my laptop, and heard the news.
What many expected.
Arrests here happen in early hours of the morning.
What time was this arrest made?
Now to catch up, with what we know.
I saw pics of what appeared to be a long haired person with police.
?? PF's family member, friend, colleague.
Hope are questions have been answered.
Poor Kelsey, K and Kelsey's family.
 
mistivon said:
What was found in her house is leading them to various locations PLURAL. I really dont like the sound of that
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Me either. And the solicitation charge pretty much removes any of those theories IMO about "things getting out of hand", "he snapped", not his intention etc. Clearly he was intending to kill her and was dumb enough to ask for help from someone who either had loose lips or finally did the right thing and came forward. Too late, IMO. If there was a chance that person knew before 11/22 (my personal guess of the date of death) and could have prevented it, they deserve the DP as well JMO.
 
SharonNeedles said:
Or was he possibly the exact opposite of arrogant? If he’s not confident in his ability to get up there and lie without condradicting himself he’s not going to do it.
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That may be true, but he sure seemed arrogant when taking to the media who tried to approach him. Especially when he didn't say a word that last time as he was chaining up the gate. Best moment was when LE arrived with chain cutters and an arrest warrant.
 
LookingForClues said:
I always thought Kelsey's mom sounded like she was now "second guessing" all the things she'd thought or been told about the kind of relationship her daughter had with PF. Perhaps she was trying to convince herself that they had a good relationship, were going to get married, etc., because the alternative was that she somehow missed what was really going on in her daughter's life (which unfortunately leaves a parent with an incredible sense of guilt for not being able to protect their child).

On a different note, it's interesting that LE is saying her phone was/is in Idaho. I had a strange, random thought that she might have told him she wanted to move back to Idaho, and he thought to himself, "You want to go back to Idaho, I'll take you back to Idaho. There. Are you happy now?! You're back in Idaho." UGH, I hate that thought.
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I had that same thought and said so here last night. So you are not alone.
 
I’m wondering if the person that Cowboy Pat solicited to commit this crime, isn’t already in custody.

And talking.

That’s the best explanation I can come up with for how fast things have moved in the past 24 hours.
 
Hobgoblinmarket said:
Theres actually an incident where the phone pinged in hawaii then 9 minutes later pinged in palo alto california iirc
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Above BBM.

That was from death of Jennifer Schipsi when defense attorney Mark Geragos was cross-examining expert witness Jim Cook's analysis of the cell phone tower data that incriminated Bulos Zumot.

While Mr. Rein was performing his duty as a defense attorney, it is not true that a phone actually pinged in Hawaii and then pinged a short time later in Palo Alto. The discrepancy was a result of how AT&T stored data about calls between subscribers that went to voicemail. According to testimony of an AT&T employee, when two parties subscribe to AT&T a call which goes to voice mail, the call only pings at the calling person's location. In other words the data makes it appear that the receiver is in the same location as the caller.

For this reason, and possibly others, AT&T explicitly disclaims the accuracy of subscriber activity records for incoming calls when providing them to law enforcement.

To me this isn't a case of a "false ping" but instead a case of humans misrepresenting what the data says, either to suit their interest or due to lack of specialized knowledge.
 
GoJacks said:
With this case being in Colorado I'd just like to say too bad the CBI/FBI didn't get involved in the Kelsie Schelling case sooner. (missing pregnant woman from pueblo, co whose boyfriend has been charged with murder but body has never been found)

sigh we have all the crazies here.

Still Missing - CO - Kelsie Schelling, 21, pregnant, Pueblo, 4 Feb 2013 *Arrest*
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That is true!

More unsolved cases:

Longmont and where the shootings on the highway took place are very close to where the Watts lived.

Also, Deceased/Not Found - CO - Rita Gutierrez-Garcia, 34, Longmont, 18 March 2018

and let us not forget: CO - Possible Serial Shooter Has Colorado Drivers on Edge #1
 
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