TOPEKA, Kan. – A 25-year-old homeless man was charged Thursday within the rape and killing of a 5-year-old Kansas woman who died regardless of firefighters’ efforts to save lots of her life in a Fuel Station car parking zone.

Mickel Cherry faces one depend of capital homicide — which might enable prosecutors to hunt the demise penalty — and one depend every of first-degree homicide and rape within the demise of Zoey Felix on Monday. He was jailed in Topeka on a $2 million bond, and his subsequent courtroom look has not but been decided.

Shawnee County District Lawyer Michael Kagay Instructed Reporters {that a} resolution about searching for a demise sentence will not be made till after a preliminary listening to to find out whether or not Cherry stands trial. That’s commonplace in capital instances.

Mark Manna, of the Kansas Loss of life Penalty Protection Unit, Stated his workplace would characterize Cherry, however that he had no additional remark. Cherry’s household didn’t reply to messages.

Authorities have launched no particulars about the reason for Zoey’s demise, however former neighbors of the woman and her household consider she, her father and Cherry had lived the previous few weeks in a grove of timber on a wooded lot close to the fuel station, simply blocks from the house the place her mom lived. They believed she was carried from the wooded lot to the fuel station, however police haven’t confirmed any of these particulars.

Kagay stated in a information launch that Topeka police rushed to a fuel station the place hearth crews had been trying to save lots of Zoey’s life. She was later pronounced lifeless. A medical examination on the hospital revealed accidents per sexual assault.

“I think the investigation into the murder and rape of this 5-year-old girl is fairly complete,” Kagay instructed reporters throughout a quick information convention.

Requested about doubtlessly charging different folks, Kagay stated, “I’m willing to consider any actionable investigations brought to me,” however when he was requested whether or not he’s conscious of another investigations, he stated, “I’m not.”

Timothy Phelps, deputy director of the Shawnee County Division of Corrections, confirmed that Cherry used to stay on the identical handle as Zoey, however on the time of his arrest, Cherry was homeless.

Cherry has no prison report in Kansas, however he does have a misdemeanor prison trespass conviction in Amarillo, Texas.

Neighbors stated they’d raised considerations that Zoey’s household house had no electrical energy and that they referred to as the police and little one welfare.

“She just had a good spirit to her. Honestly, very outgoing, smart. She was curious about everything. She’d ask you a 1,001 questions, and she demanded answers for those too,” stated Shaniqua Bradley, a neighbor.

Topeka police confirmed Thursday that they made three visits to the house in September: one on Sept. 5 for a welfare verify following a report that the house had no electrical energy; and two home disturbance calls within the afternoon and night of Sept. 19, somewhat greater than an hour aside. Police didn’t present particulars about these two calls.

Metropolis spokeswoman Gretchen Spiker stated in an electronic mail that through the first name officers confirmed there was no electrical energy and that they had been instructed the kid wasn’t staying there. Police met with the kid, noticed she was in “good spirits” however nonetheless made a report back to little one welfare and property officers, Spiker stated.

Town moved to sentence the home however backed off when the utilities had been turned again on. Neighbors stated that everybody however the mom had moved out by then.

One tent and a tarp had been arrange within the woods a couple of blocks away from the house, in an space a few soccer area away from the pumps at a Dillons grocery retailer the place hearth crews tried to resuscitate Zoey.

Her dad labored on the fuel station; a coworker stated Wednesday that he was taking break day and the corporate hasn’t responded to an electronic mail from The Related Press.

A makeshift memorial of flowers, balloons and toys sat close by.

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Hollingsworth reported from Mission, Kansas. AP information researchers Jennifer Farrar and Rhonda Shafner in New York contributed to this report.

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