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A homeless man was arrested in the rape and murder of a five-year-old Kansas girl who neighbors said was kicked out of her dilapidated home by her own mother.
Mickel Wayne Cherry, 25, was charged Thursday with first-degree murder and rape after little Zoey Felix died — despite firefighters’ efforts to save her life in a gas station parking lot.
Police say Cherry “knew the girl” and neighbors claim Cherry lived in the same house with Zoey, her father and her sister at one point.
Those same neighbors are speaking out about her mother, Holly Jo Felix, 36, who has a criminal record and allegedly kicked her daughters and husband out of the house two weeks earlier, forcing them to live in a campsite.
“Zoey didn’t deserve to be in anyone’s woods,” neighbor Sharon Williams said. “This is her home here. She has one, two, three, four, five people who will do anything for her.”
A 25-year-old homeless man was charged Thursday with the rape and murder of a 5-year-old Kansas girl who neighbors said was kicked out of her dilapidated home by her own mother.
Mickel Wayne Cherry was indicted Thursday on one count of first-degree murder in the commission of a felony and one count of raping a victim under the age of 14 for the murder of Zoey Felix, who died despite firefighters’ attempts to save her life to save in a gas cylinder. station parking lot
Williams said KSNT that surrounding families often had to feed and clothe the girl and that she often asked them if she could stay with them.
“Everyone in the neighborhood took care of Zoey,” Sheryl Tyree said. “Everyone loved Zoey, except her parents.”
Holly Jo Felix pleaded guilty in 2018 to aggravated battery causing bodily harm with a deadly weapon against a victim identified only as “ZF” with a 2018 date of birth.
She also pleaded guilty to driving under the influence with a child in the vehicle and was on probation at the time of Zoey’s death.
Felix also has previous convictions for possession of stolen property and domestic battery in Nevada, and at one point was banned from contact with Zoey’s father, Ezepquiel Felix-Guerrero, as well as another victim believed to be Zoey’s half-sister.
Neighbors also claim that the Kansas Department for Children was called several times in the weeks leading up to her death after reports that there was no running water and was covered in feces, but nothing was done. The Capital Journal reports this.
Topeka police confirmed Thursday that they made three visits to the home in September: one on Sept. 5 for a welfare check after a report that the home had no electricity; and two civil disturbances in the afternoon and evening of September 19, just over an hour apart.
Police did not provide details about these two calls.
City spokeswoman Gretchen Spiker said in an email that during the initial call, officers confirmed there was no electricity and were told the child was not staying there.
Neighbors speak out about her mother, Holly Jo Felix, 36, who has a criminal record and allegedly kicked her daughters and husband out of the house two weeks earlier, forcing them to live in a campsite
A house seen in Topeka, Kan., Wednesday, Oct. 4, 2023. Neighbors said Zoey Felix, a 5-year-old girl, lived in the house before she, her father and another man, 25-year-old Mickel Cherry, moved into a wooded area, blocks away
A tent sits in a bush in a wooded area amid businesses in Topeka, where the family reportedly lived
Police met the child, saw that she was in “good spirits,” but reported the incident to child welfare and property officials anyway, Spiker said.
The city decided to condemn the house, but backed out when the utilities were turned back on. Neighbors said everyone except the mother had moved out by then.
“I just reported that there was neglect,” Williams said. “She’s always dirty, she doesn’t have food unless some of us fed her, but they clearly didn’t take it seriously.”
Cherry was jailed in Topeka on a $2 million bond, and his next court appearance has not yet been determined.
Shawnee County District Attorney Michael Kagay said a decision on whether to seek a death sentence will not be made until after a preliminary hearing to determine whether Cherry will stand trial. That is standard in capital matters.
Mark Manna, of the Kansas Death Penalty Defense Unit, said his office would represent Cherry but he had no further comment. Cherry’s family did not respond to messages.
Authorities have not released details about Zoey’s cause of death, but former neighbors of the girl and her family believe she, her father and Cherry may have been living in a bush on a wooded property near the gas station for the past several weeks. just a stone’s throw from the house where her mother lived.
They believed she was carried from the wooded area to the gas station, but police have not confirmed these details.
In this undated photo of Shaniqua Bradley, 5-year-old Zoey Felix plays at Bradley’s home in Topeka
Zoey Felix, a 5-year-old girl, is honored with a makeshift memorial of flowers, balloons, signs and toys along a sidewalk
A sign calling for justice sits among toys, balloons and flowers in a makeshift memorial in Zoey’s honor
Cherry, a homeless man, has been charged with Felix’s murder and rape and could face the death penalty in connection with the girl’s death
Kagay said in a news release that Topeka police rushed to a gas station where firefighters tried to save Zoey’s life. She was later pronounced dead. A medical examination at the hospital revealed injuries related to sexual assault.
“I think the investigation into the murder and rape of this 5-year-old girl is fairly complete,” Kagay told reporters during a brief news conference.
When asked if he might indict other people, Kagay said, “I am willing to consider any investigation that could lead to prosecution,” but when asked if he was aware of any other investigation, he said he: ‘I’m not.’
Timothy Phelps, deputy director of the Shawnee County Department of Corrections, confirmed that Cherry lived at the same address as Zoey, but at the time of his arrest Cherry was homeless.
Cherry has no criminal record in Kansas, but he does have a felony conviction in Amarillo, Texas.
Cherry was jailed in Topeka on a $2 million bond, and his next court appearance has not yet been determined
Neighbors said they raised concerns about Zoey’s family home not having electricity and called police and child protective services.
‘She was just in a good mood. Honestly, very outgoing, smart. She was curious about everything. She asked you a thousand questions and demanded answers,” said Shaniqua Bradley, a neighbor.
A tent and tarp were set up in the woods a few blocks from the house, in an area about a football field away from the pumps of a Dillons supermarket where firefighters attempted to revive Zoey.
Nearby stood a makeshift memorial of flowers, balloons and toys.