Zoey Felix: 5-year-old's death sparks change one year later

TOPEKA, (KSNT) — One year after the death of Zoey Felix, the 5-year-old's former neighbors are still grappling with heavy emotions. Zoey's loss has also prompted change at the state level, and internally, at the Kansas Department of Children and Families (DCF).

Nexstar's Kansas Capitol Bureau revisited the southeast Topeka neighborhood, where Zoey grew up. Neighbors said she would roam the street for hours.

"I just felt sorry for the little girl that nobody cared about what she was doing, where she was, if she had anything to eat...," said Janice Nelson-Asselin, who's lived in the neighborhood for more than five decades.

Nelson-Asselin said she can still feel Zoey’s presence — even now, after her tragic end.  

Zoey was raped and killed on October 2, 2023, near where she was, reportedly, staying with her father, after being kicked out of their home.  

They stayed at a campsite, which still appears to be in use. Nexstar's Kansas Capitol Bureau found an empty bowl, a jug of water, and charred wood from a make-shift fire pit at the site.

Just a few feet from the site, a memorial for Zoey has grown with more flowers, stuffed animals, and plaques laid in her memory. 

Nelson-Asselin said she was like a "grandmother" to Zoey, and her other neighbors were like a family — taking care of the young girl however they could.

"A few days before it happened, she had come over here and she wanted to show me something out to the street, so she took my hand and walked me down to the road, because she said, 'I don't want you to fall,'" she recounted of her time spent with Zoey.

MAN CHARGED WITH MURDER AWAITS TRIAL

One year later, things have changed for this small community. Nelson-Asselin said new neighbors have moved in to the home where Zoey stayed with her family, just across the street.

However, there's yet to be a decision made, regarding the man charged with her murder.

"I would like to know what's going to happen to the man that was responsible for this," Nelson-Asselin said.

Mickel Cherry was charged with capital murder and rape in connection to Zoey's death. Cherry could be facing the death penalty.

Currently, he's still awaiting trial. Court records show a status conference was scheduled Last month, but it's been postponed until December 4. 

As the community awaits a decision in the case, there are still questions surrounding what led up to Zoey's death.

Ernisha Hickerson said her daughter, Riley, was one of Zoey's best friends. Riley said she would often 'come to the door' and ask to play, painting with her 'everyday.'

"Honestly, it's just really tore me apart," Hickerson said. "I still struggle with it to this day. It's been hard."

 "I don't understand why anything had to happen to such an innocent little girl, who had so much life," she continued.

DCF UPDATES POLICY

Topeka police were called to Zoey's house last year for a "welfare check." They were made aware of her living situation, but failed to file a report with DCF. According to the police department, "human error" was to blame. 

Nexstar's Kansas Capitol Bureau reached out to DCF for an update on changes that have been made to address this issue. 

Jenalea Randall, a spokeswoman for the agency, sent a statement. Randall said the agency has updated its policy to require additional contacts with law enforcement to review actions taken to locate a child.

"Following Zoey's death, DCF conducted an internal review that resulted in a revised policy that clarifies and provides additional guidance to child protection specialists and supervisors on when to consult and contact law enforcement if they are unable to locate a family. The adjusted policy requires additional contacts with law enforcement to review actions that have been taken by DCF to locate the child, known potential locations of the child, details of the case known to DCF, worries for the child reporter to DCF, and to continue to jointly search for the child."

Jenalea Randall, Kansas Department of Children and Families

During this year's legislative session, the Kansas Legislature also passed a bill aimed at boosting public transparency at the child welfare agency.

The bill, which was signed into law, took effect in July. It allows DCF to release certain information via a KORA request, when criminal charges are filed in the case of a child death.

"In some cases, this will allow DCF to release information sooner. Before July 1, 2024, DCF was required to complete its own investigation and make a finding of abuse or neglect before any case information could be released to the public," Randall said.

Nexstar's Kansas Capitol Bureau also asked whether the agency is looking at making any more changes in the future.

Randall didn't give any specifics, but she said that Zoey's story reflects "systemic challenges that go beyond any one agency."

"Unfortunately, Zoey Felix's story reflects systemic challenges and the need for resources to help families that go beyond any one agency – such as assisting the homeless population or removing barriers to ensure access to benefit programs. 

However, DCF is always looking for ways to increase transparency and better support families, especially those who are homeless. It has been a year since Zoey’s death, but progress has been made, and we remain committed to working with agencies, legislators, and other community partners to strengthen the state's safety net and ensure all Kansas families get the assistance they need."

Jenalea Randall, Kansas Department of Children and Families