TOPEKA, Kan. — A man who resided in a makeshift encampment alongside a homeless 5-year-old girl and her father has pleaded guilty to first-degree murder and rape in connection with the child’s tragic death.
Mickel Cherry, 26, confessed to detectives that he suffocated Zoey Felix in October 2023 using a pillow while they were in a tent at the encampment. Medical professionals who attended to her at the hospital uncovered injuries indicative of sexual assault, and DNA evidence linked Cherry to the crime.
By entering his plea before the Shawnee County District Court, Cherry has avoided a potential death sentence. Initially charged with capital murder and rape, District Attorney Mike Kagay mentioned that evidence suggests Cherry has an intellectual disability, which could prevent his execution under both state and federal laws.
During the court proceedings, Cherry expressed to District Judge Jessica Heinen his struggles with intellect, stating, “I’m mentally slow. I have trouble learning.”
It remains uncertain how soon a death sentence could have been enforced had he been convicted of capital murder, as Kansas has not conducted an execution since 1965. With Cherry’s guilty plea, the law mandates that Judge Heinen sentence him to life imprisonment with no possibility of parole for a minimum of 25 years. However, the prosecution is asking for the judge to extend that to 50 years without parole.
The sentencing is scheduled for June 2-4. Cherry’s attorney, Peter Conley, requested this timeframe to allow for a thorough examination of Cherry’s history, particularly his interactions with Texas’s foster care system during his youth. Conley has not disclosed further information about what the investigation to date has revealed.
Kagay emphasized that Cherry had initially given inconsistent and misleading accounts to the police regarding another individual being responsible for the crimes. However, he later admitted to both raping and suffocating the child, as he spent nearly five hours alone with her while her father worked at a gas station nearby.
During the hearing, Cherry was visibly subdued, remaining silent and keeping his eyes closed while responding to the final inquiries from Judge Heinen. He was dressed in a yellow jail uniform and was handcuffed throughout the session.
Aimee Slusser, a friend of the child’s father and a mentor to Zoey, left the courtroom emotional after the prosecutor revealed medical evidence of the assault. Following the hearing, she expressed her belief that regardless of the sentence, justice would not be served, stating, “A little girl’s life has been taken. Whatever he gets, it won’t bring her back.”
Zoey’s father attended the entire session but chose not to comment afterward, while child advocacy groups have raised questions about the state’s failure to protect the girl from a hazardous situation. Slusser lamented that if authorities had intervened, “Zoey would still be here.”
Reports indicate that the Kansas child welfare department conducted five investigations regarding the family within the last 13 months leading up to Zoey’s death. However, they were unable to substantiate claims of neglect or substance abuse by her mother, despite her prior arrest for drunk driving with Zoey in the vehicle. The agency noted that the family often declined available assistance.
Court documents reveal multiple police visits to the mother’s residence, with reports from neighbors observing Zoey wandering outside, dirty and without food. The mother’s history also includes a drunken driving incident leading to her incarceration in late 2022, which created further instability.
A neighbor recounted an incident where the mother expelled Zoey and her father from their home just weeks prior to the girl’s death, leading them to reside in a wooded area roughly three-quarters of a mile away.
Moreover, Cherry had prior involvement with Zoey’s family before moving into their makeshift encampment, although the specifics of this relationship remain unclear, including how they met and the extent of their interaction. A police record suggests that Cherry lived at the mother’s home shortly before the tragic incident.
Prior to his time in Topeka, Cherry had been living in Amarillo, Texas, indicating a pattern of homelessness. Records show that as of October 2021, he was facing various personal challenges. In court, he disclosed that he was on medication for anxiety, depression, and ADHD, reporting a history of mental health struggles.
In May 2018, a police incident report documented Cherry stepping into a police station to report his homelessness and mention hearing voices. However, the outcome of that encounter remains unknown. By August 2019, he had returned to Amarillo, where he experienced brief jail time in connection to animal mistreatment and trespassing behaviors.
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