San Francisco Chronicle

Kansas agency under fire after killing of girl

- By John Hanna and Heather Hollingswo­rth

TOPEKA, Kan. — Zoey Felix’s short life was filled with turbulence.

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. Records show both parents alleged abuse. Zoey’s mom was jailed for a drunken car crash with Zoey in the front seat.

State welfare officials were notified.

In September, Zoey and her father moved out, and neighbors believe they began camping in a nearby vacant lot. Weeks later, Zoey was killed and Mickel Cherry, a 25-year-old homeless man, was charged in her death.

Public anger over Zoey’s Oct. 2 death has focused on her parents. But child advocates are asking why police and Kansas’ embattled Department for Children and Families left her in a dangerous environmen­t.

“Our society’s collective failure to support and protect Zoey is heartbreak­ing and unconscion­able,” said Shakti Belway, executive director at the National Center for Youth Law, which sued the state over problems with its child welfare system.

Cherry is charged with firstdegre­e 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.

Authoritie­s confirmed that Cherry once lived at the same address as Zoey, but he was homeless when he was arrested.

The Associated Press examined dozens of court records and police reports that detail Zoey’s chaotic home life. Both parents alleged abuse against each other, and police were called to the home dozens of times, as Zoey moved in and out.

Zoey’s mother told the AP via Facebook that her husband, Zoey’s father, had custody. She declined to respond to other questions. Neither parent responded to phone messages. A person who identified herself as a grandmothe­r declined comment. Police say their investigat­ion is ongoing, but it’s not yet clear that anyone else will be charged.

Laura Howard, the top administra­tor for the Department for Children and Families, described Zoey’s case as “tragic” during an Oct. 4 legislativ­e committee hearing, but didn’t elaborate. The agency has yet to release any informatio­n.

“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.

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