Zoey Felix was raped and killed earlier this month in Topeka, Kansas
Zoey Felix, a 5-year-old girl, is honored with a makeshift memorial of flowers, balloons, signs and toys along a sidewalk, Thursday, Oct. 5, 2023, in Topeka, Kan. A homeless man was charged Thursday with murder and rape in the killing of Felix. Before the 5-year-old Topeka girl was raped and killed, worried neighbors say they saw her wandering, dirty and hungry. Police were called to her home dozens of times. Teachers raised alarms when she missed preschool. Both parents alleged abuse.
Cherry is charged with first-degree murder, rape and capital murder, and could face the death penalty. Cherry's attorney, Mark Manna, of the Kansas Death Penalty Defense Unit, has declined to comment. Cherry’s family didn’t respond to messages. “How was that child not removed? It doesn’t make any sense,” said Mike Fonkert, deputy director of Kansas Appleseed, whose group also sued the state over its child welfare system.
At this point, both parents sought protection orders against each other, but a judge rejected the requests. Zoey's father obtained a protection-from-abuse order against his wife ordering her to stay away from him through the end of December 2023. The judge gave him custody of Zoey. Court records show Zoey's situation grew increasingly unstable when her father and his girlfriend were evicted from their apartment after falling behind on the rent. The couple broke up and neighbors said Zoey and her father moved back in with her mother, along with Cherry, a friend of Zoey's teenage sister. Zoey's mom called the police on July 22 to report that her husband had moved back in, despite his protection-from-abuse order.
Police returned Sept. 19, and Bradley said she heard Zoey's mom saying everyone had to leave. A police report said Zoey's mother had shoved her teenage daughter, and an officer later stood outside as belongings were retrieved from the house.
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