GUILTY FL - Cherish Perrywinkle, 8, Jacksonville, 21 June 2013 #1

[JaxFlaGal]

Smith's 1993 sentence justs frosts me. I checked public record and this news article links: http://www.firstcoastnews.com/topstories/article/317495/566/UPDATE-Donald-Smiths-criminal-background

The original 1993 adjudication for 3 felony counts, had a sentence of 15 years less 102 days' jail credit. There is a re-recorded judgment 3 weeks later which vacated that sentence.

The new sentence was for the same 3 felony counts (same counts: 1 = attempted kidnapping, 2 and 3 were lewd and lascivious behavior against a minor) but the overall sentence was reduced to a maximum of 6 years with jail credit of 3 years and 147 days (time for count 1, the other 2 were lesser and they were concurrent w/count 1. He was noted as a habitual offender for count 1 (attempted kidnap).

So from this information it appears he got his sentence reduced by over half and got his time served credited up from 102 days to 1,242 days, perhaps in trade for the habitual offender designation that ended up being nearly meaningless when his next offense was pled down to misdemeanors. WTH?!

 

[thisiseku]

Read more: http://www.dailymail.co.uk/news/art...us-victim-says-wishes-dead.html#ixzz2X6v8UaYu

Disgusting to see murderer's face a day after the crime. This case is too bizarre for me to understand anything... so many ways how this could've been prevented.

 

[my_tee_mouse]

Smith's 1993 sentence justs frosts me. I checked public record and this news article links: http://www.firstcoastnews.com/topstories/article/317495/566/UPDATE-Donald-Smiths-criminal-background

The original 1993 adjudication for 3 felony counts, had a sentence of 15 years less 102 days' jail credit. There is a re-recorded judgment 3 weeks later which vacated that sentence.

The new sentence was for the same 3 felony counts (same counts: 1 = attempted kidnapping, 2 and 3 were lewd and lascivious behavior against a minor) but the overall sentence was reduced to a maximum of 6 years with jail credit of 3 years and 147 days (time for count 1, the other 2 were lesser and they were concurrent w/count 1. He was noted as a habitual offender for count 1 (attempted kidnap).

So from this information it appears he got his sentence reduced by over half and got his time served credited up from 102 days to 1,242 days, perhaps in trade for the habitual offender designation that ended up being nearly meaningless when his next offense was pled down to misdemeanors. WTH?!

No words. Just :notgood:

 

[MysteryMama]

This link says a Code Adam was issued and that they look in the store for 10 minutes before calling the police. That should also play into the timeline.

http://www.firstcoastnews.com/news/story.aspx?storyid=317721

Walmart: 'Code Adam' issued after Cherish Perrywinkle went missing from store
3:59 PM, Jun 24, 2013

JACKSONVILLE, Fla. -- After Cherish Perrywinkle's mother notified store employees at the Walmart on Lem Turner Road on Friday night that her daughter was missing, a "Code Adam," according to Walmart spokesperson Kayla Whaling.

A "Code Adam" is a protocol where if a child is reported missing inside a store, they call a "Code Adam" and store personnel are stationed at store entrances and exits to make sure a child matching the description given does not leave the store. If after 10 minutes the child is not found, police are called.

First Coast News asked Whaling if police were called after that 10-minute rule on Friday. She deferred that answer to police.

An Amber Alert was later issued for Cherish and her body was found Saturday morning near Highlands Baptist Church on Broward Road. Donald Smith has been charged with her kidnapping and murder.

Code Adam has been in Walmart stores since 1994. Walmart follows the guidelines created by the Center for Missing and Exploited Children. The "Code Adam" is named after the son of "America's Most Wanted" host, Adam Walsh.

First Coast News

 

[MsFacetious]

Respectfully snipped. Isn't the forty minute time period between when Cherish left with the monster and when the police arrived?

So, let's say 10 minutes to realize she's not there, hiding in the racks or generally being a kid.

5 minutes to gather the other kids and walk to the McDonalds to look.

10-15 minutes minutes to scour the store.

10 minutes from dialing 911 to have the cops arrive.

This seems like a fairly reasonable timeline if she wasn't alarmed at first that Cherish was gone.

Crazy idea... but wouldn't you check to see if the VAN was still there?
Kid not here... creepy guy DROVE you there, so you KNOW what he drives and where he parked.
Walk outside, see van is gone and immediately FREAK OUT and call the cops.

I don't understand why she didn't immediately go to the parking lot to check for the van.
WHO realized his van was gone and WHEN did that happen?

http://www.firstcoastnews.com/comme...ment-through-attorney-Legal-system-has-failed
http://www.firstcoastnews.com/news/local/story.aspx?storyid=317675

There is an interesting comment from a woman who is claiming to be Cherish's dad's step daughter in the comment section. The time stamp doesn't give an exact time, but says it was written "2 hours ago".

Also, there are some beautiful pictures of Cherish at the link.

That's even worse. :tears:
MLKD is the initials of the person who made the comment 3 hours ago.

 

[blue22]

Crazy idea... but wouldn't you check to see if the VAN was still there?
Kid not here... creepy guy DROVE you there, so you KNOW what he drives and where he parked.
Walk outside, see van is gone and immediately FREAK OUT and call the cops.

I don't understand why she didn't immediately go to the parking lot to check for the van.
WHO realized his van was gone and WHEN did that happen?

Thank you!! That is the first thing my husband and I said. "Did she run outside and look for the van?" I wonder if they didn't even know the van was gone, until the cops got there and began questioning.

 

[T4Tide]

Last night I asked if anyone could tell (from the posted pictures) what was in the basket. I'll ask again now. Please and thankya to anyone with better eyesight that can tell and report to the group!:seeya:

If you mean in the surveillance shot of the Wal-mart basket, the green that I see closest to the back of the cart, under the child seat, is simply some sort of green clothing hanging on the lower rack of the clothing, to coordinate with the shirts hanging up top. I think the basket is empty.

 

[FriedChicken]

The evaluation recommended Cherish live with the father and the court did not listen to the advice of the evaluation. I could not grab this part but is says "I fear for the child's future living with Ms periwinkle."
I am sick to my stomach.
http://www.news4jax.com/news/court-...rish/-/475880/20695092/-/aduvigz/-/index.html

 

[T4Tide]

It's an old country song by Collin Raye, but it's been in my mind all morning reminding me of Cherish...

I think about you eight years old
big blue eyes and a heart of gold
when I look at this world, I think about
You and I can't help but see
that every woman used to be
Somebody's little girl, I think about you


So disheartened that she didn't get to grow up, and that her final moments were in the hands of that monster. <cry>

 

[momrids6]

This link says a Code Adam was issued and that they look in the store for 10 minutes before calling the police. That should also play into the timeline.

http://www.firstcoastnews.com/news/story.aspx?storyid=317721

That is when walmart is supposed to call police.

Transcribed copy of what police report says via MSM: ( including typos) Video at link:
BBM:

AT 7:30 FRIDAY NIGHT, WAYNE PERIWINKLE MET DONALD SMITH AND AT 9:00 P.M. THE GROUP ARRIVED AT WALMART TO SHOP FOR CLOTHES. AFTER ABOUT 90 MINUTES, SMITH SAYS THAT HE WANTS TO GO GET SOMETHING TO EAT AT THE McDONALD'S INSIDE THE STORE AND OFFERS TO TAKE CHERISH WITH HUM. AT 10:41, LESS THAN THREE HOURS AFTER THEIR MEETING, SMITH WAS SEEN LEAVING THE STORE WITH THE LITTLE GIRL AND GETTING INTO A WHITE VAN. AT 11:18, WAYNE PERIWINKLELE CALLED 911 TO REPORT HER DAUGHTER MISSING AND OFFICERS RESPONDED TO THE SCENE AND TO BE ON THE LOOKOUT ISSUED FOR SMITH'S VAN.

AT 12:29 THIS MORNING, THE JACKSONVILLE SHERIFF'S OFFICE ALERTS THE MEDIA TO AN INCIDENT AT THAT WALMART BUT THERE'S NEVER ANY MENTION OF A CHILD ABDUCTION.

AT 1:45, A SECOND ALERT IS GIVEN TO THE MEDIA BUT AGAIN THERE IS NO MENTION OF ANY CHILD ABDUCTION.

AT 4:40, A THIRD ALERT IS ISSUED AND THE MEDIA IS TOLD ABOUT THE KIDNAPPING. 5:28 A.M., ...."

http://www.news4jax.com/news/Invest...inkle/-/475880/20677552/-/4xgvtx/-/index.html

 

[momrids6]

The evaluation recommended Cherish live with the father and the court did not listen to the advice of the evaluation.

http://www.news4jax.com/news/court-...rish/-/475880/20695092/-/aduvigz/-/index.html

"The evaluator added in the report, "Here, neither parent was perfect. However, as between the two, I believe Mr. Jarreau, can offer the child some semblance of normalcy and an environment where at least there is the potential for her to thrive. I fear for the child's future living with Ms. (perrywinkle)."


:banghead:

 

[blue22]

"The evaluator added in the report, "Here, neither parent was perfect. However, as between the two, I believe Mr. Jarreau, can offer the child some semblance of normalcy and an environment where at least there is the potential for her to thrive. I fear for the child's future living with Ms. (perrywinkle)."


:banghead:

Oh my. :banghead:

He didn't know for THREE years? I wonder if he only found out, because she filed for some sort of support? I am so curious how he found out. I know here, courts don't like to take the child away after years of living with someone. I wonder if that's why the evaluation wasn't followed. I am so sad for this precious girl. They should have taken the recommendation of the evaluator. Sigh.

 

[FriedChicken]

I am beginning to understand what kind of battle the dad is talking about with the court.

 

[JaxFlaGal]

The evaluation recommended Cherish live with the father and the court did not listen to the advice of the evaluation. I could not grab this part but is says "I fear for the child's future living with Ms periwinkle."
I am sick to my stomach.
http://www.news4jax.com/news/court-...rish/-/475880/20695092/-/aduvigz/-/index.html

Wow. From that article, here's the information about a 2009 child custody evaluation performed by judge's order:

Snider says an evaluation typically takes four or five months. At the end of the evaluation, the recommendation of the evaluator was shared parental responsibility with the majority of time-share to be with the father in California and the father to pay for the costs of transportation for Cherish to visit her mother in Florida in the summer and at Christmas.
The evaluator added in the report, "Here, neither parent was perfect. However, as between the two, I believe Mr. Jarreau, can offer the child some semblance of normalcy and an environment where at least there is the potential for her to thrive. I fear for the child's future living with Ms. (perrywinkle)."
Snider said the fact that the recommendation of the evaluator was not followed is rare and was quite surprising to him.

 

[floridamomma]

The evaluation recommended Cherish live with the father and the court did not listen to the advice of the evaluation. I could not grab this part but is says "I fear for the child's future living with Ms periwinkle."
I am sick to my stomach.
http://www.news4jax.com/news/court-...rish/-/475880/20695092/-/aduvigz/-/index.html

i had a guardian ad litem recommend that my children only see their father in the presence of a therapist. judge ignored her, ignored dcf, gave him back the prior custody.

i think that's part of why this case just shatters my heart.

 

[necco]

Crazy idea... but wouldn't you check to see if the VAN was still there?
Kid not here... creepy guy DROVE you there, so you KNOW what he drives and where he parked.
Walk outside, see van is gone and immediately FREAK OUT and call the cops.

I don't understand why she didn't immediately go to the parking lot to check for the van.
WHO realized his van was gone and WHEN did that happen?



That's even worse. :tears:
MLKD is the initials of the person who made the comment 3 hours ago.

Thats an excellent point. I'm not sure when, if I was of the mind to be in this situation, I would have checked the parking lot.

 

[floridamomma]

This link says a Code Adam was issued and that they look in the store for 10 minutes before calling the police. That should also play into the timeline.

http://www.firstcoastnews.com/news/story.aspx?storyid=317721

(_&$#!! their ten minute rule, I'd have called 911 myself. I'd rather call and find my kid a minute later than the alternative. I'm glad to know this, if i ever lose my kid in wm I'll know not to assume they are calling!!!

 

[Donjeta]

I don't know if I believe she found him creepy or not. On one hand... He's an old guy who attaches himself to a strange woman and her kids, offers to buy them things and hangs out with them for hours... how could he NOT be creepy? If it had been just a charitable person who just wanted to help out of the goodness of his heart they could have completed their shopping in a much shorter time and got the kids to bed in time. But this man draws it out for hours. At some point, everybody would get suspicious, wouldn't they?

But then again, if you find somebody creepy you're not going to leave your kids out of your sight for a second.

 

[enchilada]

(_&$#!! their ten minute rule, I'd have called 911 myself. I'd rather call and find my kid a minute later than the alternative. I'm glad to know this, if i ever lose my kid in wm I'll know not to assume they are calling!!!

Not just WM, it's Code Adam policy.

 

[necco]

Does anyone know how hot it was on the 21st? Could they have been hanging out in Walmart that long partly for the free AC?