KS - Michel Cherry charged with raping and murdering 5-year old Zoey Felix - Oct 4, 2023

[tlcya]

Shawnee County District Attorney Michael Kagay told reporters that a decision about seeking a death sentence won't be made until after a preliminary hearing to determine whether Cherry stands trial. That is standard in capital cases.
[snip]
Asked about potentially charging other people, Kagay said, "I'm willing to consider any actionable investigations brought to me," but when he was asked whether he is aware of any other investigations, he said, "I'm not."

Timothy Phelps, deputy director of the Shawnee County Department of Corrections, confirmed that Cherry used to live at the same address as Zoey, but at the time of his arrest, Cherry was homeless.
Kansas man charged with capital murder in rape and killing of 5-year-old Zoey Felix, could face death penalty

 

[Dhighsmith]

I a

Neighbors told the Topeka Capital-Journal that Cherry had previously been living in the same home as Zoey, along with several other people. About two weeks ago, Zoey’s mother reportedly kicked them all out. They went to live in a campsite less than a mile away.

According to the Capital Journal, citing court documents, Zoey’s mother pleaded guilty in March to aggravated battery causing bodily harm with a deadly weapon to a child born in 2018 identified by the initials Z.F.
[snip]
According to jail records reviewed by HuffPost, Cherry is being held on $2 million bond and is scheduled to appear in court Dec. 21.
Slain 5-Year-Old Had Been Kicked Out By Mom, Made To Live At Campsite: Neighbors

A [funding site] campaign has been launched by Zoey’s uncle, Justin Leuty, to help offset funeral costs.

“On 10/02/23 our sweet little Zoey, my niece (from my sister) was brutally taken from us,” the fundraiser's description reads. “With this unexpected tragedy, we are asking for help to lay this precious 5 year old to rest."

Zoey was described on the [funding site] as a "sweet, funny and goofy little girl who had a great smile and laugh that lit up the world."
'Brutally Taken From Us': Man Swiftly Arrested Over Murder, Rape of 5-Year-Old Kan. Girl: Police

not to be that person, but I have to wonder where this fundraising uncle was when his other niece or nephew born in 2018 was being harmed by it's mother. Where was he when Zoey was living with no utilities. Where was he when his niece was living with a sex offender? Where was he when Zoey's mom threw her five year old self out into the streets like so much discarded trash? Where was he when Zoey was fending for her own little self sufficient self?

Sorry, but I am vey mistrustful of those who are so devastated after fact their first move is to begin raising money.

I’m right there with you asking the same questions and would make further comments but don’t want to violate any rules.

 

[Dhighsmith]

He knew the victim but the relation is not being disclosed at this time

A homeless man was arrested in Kansas on Tuesday for the alleged rape and murder of a 5-year-old girl.

Mickel W. Cherry, a 25-year-old from Topeka, was booked into Shawnee Co. Jail around 4:15 a.m. on suspicion of murder in the first degree and rape where the offender is 18 or older, and the victim is less than 14,

MSN

'Brutally Taken From Us': Man Swiftly Arrested Over Murder, Rape of 5-Year-Old Kan. Girl: Police

Mickel W. Cherry was arrested on charges of first-degree murder and rape this week, jail records show

www.yahoo.com

Thanks for sharing link, there’s many different articles that provide clear picture of the family environment.

In summary, it appears that family members live out of State and Father actually had custody of little Zoey. Mother forced the Father, and a teenage Sister, KC (different fathers) off the property a week prior- Cherry was also expelled from property. The Father set up a tent behind gas station where he worked and that’s where they were all living including Cherry who from articles didn’t have SA criminal history. Neighbors and school reported neglect and abuse to child services and LE, Zoey was no longer attending school. Mother has criminal history dating back to 2007 for DUI and aggravated assault charges. My prayers are with the teenage Sister that she receives the treatment and care needed for a positive life of happiness that’s absent the neglect and abuse she’s experienced up to now. There’s a march scheduled to demand action by State legislature in response to the failures in Zoey’s case. Law Enforcement didn’t provide details on any investigation or charges against parents when asked about by reporters but family members reported vandalism to the Mother’s property along with threats of violence by vandals and social media.

Statement by neighbor “She was a Curious George with nowhere to go. Nowhere to go."

 

[Dhighsmith]

It seems from the link that the dysfunction among this group was so bad that it was criminal (in the case of mom to Zoey). What an incredible tragedy! This sweet young girl never had a chance. I hope the murderer rots in prison but also that there are major consequences for her mother who had kicked her out of the house at 5 years old.

From Slain 5-Year-Old Had Been Kicked Out By Mom, Made To Camp Outside: Neighbors : Neighbors told the Topeka Capital-Journal that Cherry had previously been living in the same home as Zoey, along with several other people. About two weeks ago, Zoey’s mother reportedly kicked them all out. They went to live in a campsite less than a mile away......

According to the Capital Journal, citing court documents, Zoey’s mother pleaded guilty in March to aggravated battery causing bodily harm with a deadly weapon to a child born in 2018 identified by the initials Z.F.

“Everybody on the block took care of Zoey,” Sheryl Tyree, a local who frequents the neighborhood, told the news outlet. “Everybody loved Zoey, except her parents.”

I agree but wonder if the Mom is exempt from any charges due to the fact that Father had full custody of Zoey. Morally, I think parents are responsible to act in ways that protect their children from harm as long as the parent is living, it’s not a short term project or part time job, it’s a lifetime commitment.

 

[MyBelle]

I agree but wonder if the Mom is exempt from any charges due to the fact that Father had full custody of Zoey. Morally, I think parents are responsible to act in ways that protect their children from harm as long as the parent is living, it’s not a short term project or part time job, it’s a lifetime commitment.

I doubt the mother will be exempt from charges. When the child lived with her, there were multiple reports to DCSF to no avail.

Little Zoey is another AJ Freund. Action needs to be taken to determine how and why--and WHOM--was responsible for the Kansas child protection system failing precious Zoey.

JMO

‘They need to do more’: Kansas DCF under fire after tragic death of ‘vibrant’ Zoey Felix

TOPEKA (KSNT) – After news of tragic rape and murder of a 5-year-old Topeka girl reached the Kansas Statehouse, lawmakers are pressing leaders of the state’s child welfare department fo…

www.ksnt.com

 

[gliving]

A homeless man is charged with capital murder and rape in the death of a 5-year-old Kansas girl

A homeless man has been charged with murder and rape in the killing of a 5-year-old girl in Topeka, Kansas. Mickel Cherry faces one count each of capital murder, first-degree

www.koamnewsnow.com

Authorities have released no details about the cause of Zoey’s death, but former neighbors of the girl and her family believe she, her father and Cherry had lived the past few weeks in a grove of trees on a wooded lot near the gas station, just blocks from the home where her mother lived. They believed she was carried from the wooded lot to the gas station, but police have not confirmed any of those details.

Kagay said in a news release that Topeka police rushed to a gas station where fire crews were attempting to save Zoey’s life. She was later pronounced dead. A medical examination at the hospital revealed injuries consistent with sexual assault.

(sbm)

Topeka police confirmed Thursday that they made three visits to the home in September: one on Sept. 5 for a welfare check following a report that the home had no electricity; and two domestic disturbance calls in the afternoon and evening of Sept. 19, a little more than an hour apart. Police did not provide details about those two calls.

 

[crimenerd]

Poor Zoey. Topeka is suffering from a homeless/meth/crime problem like I've never seen before (local to area). There is at least one whole website devoted to the crazy mugshots from Topeka. Most of the people they arrest are released within hours.

 

[Bbgiraffe]

<modsnip>

I haven't read the thread yet, I just checked to see if there was one. With the will of God on our side Mickel Cherry will plead not guilty because he is charged with capital murder and rape and the DA has already intimated he will seek the death penalty.

This should absolutely never have happened. I wish I knew all this was going on because that little girl deserved absolutely none of what happened to her at the hands of those who she trusted to protect her.

I will never in my life understand how a mother who herself was once a 5 year old little girl can treat any person let alone her own child this way.

 

[katydid23]

How does a 'mother' kick her 5 yr old out of the house to live in a tent with a sex offender? ? She should do life in prison for that alone, not even counting the abuse, neglect and vileness.

 

[Bbgiraffe]

What kind of mother would kick a 5 year old little girl out on the street?

This kind:

The Capital-Journal reported that Zoey’s mother, Holly Felix, 36, pleaded guilty March 20 to felony reckless aggravated battery causing bodily harm with a deadly weapon or in a manner whereby great bodily harm can be inflicted. The victim, court records show, was “Z.F.” with a 2018 birthdate, Zoey’s initials and birth year. Her sentence was suspended and she was given 18 months probation.

Kansas Man Charged With Rape, Murder of 5-Year-Old Girl

A 25-year-old Kansas man has been charged with the rape and murder of a 5-year-old girl neighbors say was living in a homeless encampment with her teenage sister and father after her mother kicked them out of the house. Mickel Cherry was charged with capital murder, first-degree murder, and rape...

www.crimeonline.com

I want to know and local people are demanding answers on where was DCF? DCF had been called repeatedly. Where were the police? Police had been called to their house 23 times in the past 2 years. And why on earth was this woman with a long criminal record including other assaults only given 18 months probation for committing such crimes on a defenseless little girl.

Now the mom is trying to play the victim saying that the dad had custody of Zoey so she couldn't stop him from taking her when she kicked him out. Gee. I wonder why he had custody? Maybe because you are an extremely abusive person??

Everyone failed Zoey. I hope no one ever forgets her sweet face.

 

[Bbgiraffe]

Poor Zoey. Topeka is suffering from a homeless/meth/crime problem like I've never seen before (local to area). There is at least one whole website devoted to the crazy mugshots from Topeka. Most of the people they arrest are released within hours.

Im local too. Grew up in topeka. It is literally unbelievable to me how many homeless people are everywhere in the city now compared to when I was a kid.

<modsnip>

 

[Regal Beagle]

When dad stepped out of that house HE as the custodial parent made the decision to go to the homeless campsite and put her in that environment and in the continued company of her attacker/murderer. Community resources for families, hell, sitting in a hospital waiting room having the staff help u find resources, there are alot of options out there. But none allow alcohol or drugs, could that have been the drawing force of the campsite?? IMO, it may not be dad's fault they got kicked out of the house but it sure as hell is his responsibility to protect the kids and keep them safe at all costs! And I am afraid he failed at even that most basic task.

 

[NewMommy09]

All I know is one look at Zoey's adorable smiling face and I can only imagine a person wanting to do anything and everything to protect this beautiful child and help her thrive.
All the stories on this case are confusing and heart wrenching.Every single person here seems to need lots of help that they probably won't get. Bless you little Zoey, fly high with all the angels baby girl.
For Zoey, I offer the song God Bless The Child by Michelle Featherstone, playing it loud for her and way too many others this morning.

 

[westsidefox64]

Poor Zoey. Topeka is suffering from a homeless/meth/crime problem like I've never seen before (local to area). There is at least one whole website devoted to the crazy mugshots from Topeka. Most of the people they arrest are released within hours.

I'm semi local myself. We used to use the hospitals there and used to go to do our big shopping. Its not safe enough now to go.

 

[tlcya]

ABC News, The Associated Press and KCTV 5 report that welfare officials with the Kansas Department of Children and Families investigated Zoey and her family multiple times within the 13 months leading up to her rape and death, citing a report from the Kansas Department for Children and Families.
[snip]
“Our society’s collective failure to support and protect Zoey is heartbreaking and unconscionable,” Shakti Belway, executive director at the National Center for Youth Law, said in a statement obtained by The AP.

“How was that child not removed? It doesn’t make any sense,” Mike Fonkert, deputy director of Kansas Appleseed, added, per the outlet.

In a statement shared by Kansas’ DCF secretary Laura Howard, she claimed her agency was “fully committed” to conducting a “thorough review” of Zoey’s case.

"We will take every step necessary to determine if there are policies and procedures that can be revised or added to effectively support families and help prevent another case like this from happening again,” Howard said.
Kansas Girl's Family Investigated Multiple Times Before Her Rape and Death: Reports