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A Kansas defense attorney has filed a court statement arguing that the state’s child welfare system, along with the Shawnee County District Attorney’s Office, missed multiple chances to protect 5-year-old Zoey Felix, who was raped and murdered in 2023.
The suspect, Mickel Cherry, pleaded guilty last year to first-degree murder and rape in the death of Zoey. His sentencing is scheduled for next week in Shawnee County District Court.
Defense attorney Peter Conley, a state deputy capital defender, emphasized that while Cherry must take full responsibility for the crime, the Kansas Department for Children and Families (DCF) and legal institutions also bear accountability for failing to intervene in time.
Missed Opportunities to Save Zoey
In the 12 months before her death, DCF reportedly investigated Zoey’s home life seven times. One of those investigations followed a DUI arrest of her mother, where DCF alerted District Attorney Mike Kagay that the girl may have been abused or neglected.
Although child-in-need-of-care proceedings were eventually launched, the process had not advanced far enough to place Zoey into foster care before her tragic death.
Left in Cherry’s care at a homeless encampment while her father was at work, the child was ultimately strangled.
“Kansas had multiple opportunities to protect her from the harm she endured,” Conley stated. “Our systems can save children. We must expect, and demand, that they do.”
A Tragic Intersection of Two Broken Systems
The filing also sheds light on Cherry’s own traumatic background, stating he was subjected to abuse in the Texas foster care system from the age of 5 to 18. Conley called Cherry’s life and this crime a “trainwreck of childhood trauma and institutional indifference.”
He stressed that Zoey was known to authorities for truancy, was seen wandering the streets alone, and had been in the care of a mother arrested for DUI and a father who was later evicted.
Conley posed tough questions about why the system failed to remove Zoey from such an unstable environment, despite multiple red flags.
Timeline of State Failures
- September 2022: DCF received the first report about Zoey’s mother abusing drugs and facing domestic violence. Despite scoring a 9 out of 10 on the family safety scale, DCF closed the case after the mother refused help.
- November 2022: After being found wandering outside at 2:42 a.m., police returned Zoey to her mother. A truancy report followed after she missed 25 school days.
- Later in November: The mother was arrested for DUI with Zoey unbuckled in the front seat. The girl was placed with her father temporarily.
- May 2023: Reports showed the father had been evicted, and Zoey was back with her mother, who was on probation.
- June 2023: DCF issued a finding of “lack of supervision”, which was shared with the district attorney, but no emergency action was taken.
- August 2023: DCF learned Zoey lived in a home with no running water, had no shoes, and wore the same clothes daily. Despite seven visits, no one answered the door, and the case was closed.
Conley emphasized that Zoey was increasingly vulnerable and ultimately left in Cherry’s care, which led to her death.
Sentencing Recommendations Diverge
- Defense attorney Conley is requesting two concurrent 25-years-to-life sentences for Cherry.
- District Attorney Mike Kagay has asked the court to impose two consecutive life sentences, requiring Cherry to serve at least 50 years before parole eligibility.
If Cherry is ever released, he would face civil commitment under Kansas law as a sexually violent predator.
The heartbreaking death of Zoey Felix has sparked renewed scrutiny of Kansas’ child protection systems. Despite clear warning signs and multiple interventions, no decisive action was taken to remove her from danger.
Attorney Peter Conley’s court filing not only outlines the failures of Zoey’s case but also challenges the public to demand more from the systems meant to safeguard children.
“This was a preventable tragedy,” Conley stated. “We must stop tolerating failure in our child welfare systems.”