A 25-year-old homeless man was charged on Thursday with raping and murdering a 5-year-old Kansas girl in a gas station parking lot, despite firefighters' efforts to save her life, news agency Associated Press (AP) reported. Mickel Cherry is charged with capital murder, which allows prosecutors to seek the death sentence, as well as first-degree murder and rape in the death of Zoey Felix on Monday. He was imprisoned in Topeka on a $2 million bail, and his next court appearance has yet to be scheduled.
Shawnee County District Attorney Michael Kagay told reporters that a decision on whether to pursue the death penalty would be made during a preliminary hearing to establish if Cherry will stand trial. That is usual procedure in capital cases.
The Kansas Death Penalty Defence Unit's Mark Manna stated his agency will defend Cherry but had no more comment. Cherry's relatives did not return messages.
Authorities are not disclosing any information concerning Zoey's death, but old neighbours say she, her father, and Cherry had spent the previous several weeks in a grove of trees on a forested area near the gas station, just blocks from her mother's home. They assumed she was dragged from the forested area to the petrol station, but no information have been confirmed by authorities.
According to a news release issued by Kagay, Topeka police went to a petrol station where firefighters were battling to save Zoey's life. She was later declared deceased. A hospital medical examination indicated injuries consistent with sexual assault.
“I think the investigation into the murder and rape of this 5-year-old girl is fairly complete,” Kagay told reporters.
When asked if he was considering prosecuting others, Kagay responded, "I'm willing to consider any actionable investigations brought to me," but when asked if he was aware of any other investigations, he said, "I'm not."
Cherry used to reside at the same house as Zoey, according to Timothy Phelps, deputy director of the Shawnee County Department of Corrections, but he was homeless at the time of his arrest.
Cherry has no criminal history in Kansas, however he was convicted of misdemeanour criminal trespass in Amarillo, Texas.
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