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Wynter Cole Smith’s accused kidnapper to face all charges as one case -- here’s how that works

Attorney General to consolidate cases from Ingham, Wayne, Macomb counties

Rashad Maleek Trice has officially been charged in connection with the death of Wynter Cole Smith. (WDIV)

LANSING, Mich. – The man suspected of kidnapping and killing 2-year-old Wynter Cole Smith is accused of committing crimes in three different counties, but the state’s attorney general is going to consolidate the case.

Rashad Maleek Trice, 26, of Detroit, is accused of committing an array of crimes in Lansing, Detroit, and St. Clair Shores between the night of July 2 and the morning of July 3.

Ingham County

In Ingham County, Trice is facing charges of assault with intent to murder, first-degree home invasion, unlawful imprisonment, aggravated domestic violence (second offense), unlawful driving away of an automobile, felonious assault, and two counts of first-degree criminal sexual assault.

Those charges stem from a July 2 attack at Wynter’s home in Lansing. Police said Trice showed up late at night, stabbed and sexually assaulted Wynter’s mother, and then fled in her Chevrolet Impala.

He is charged as a violent habitual fourth offender.

Wayne County

Trice has not specifically been charged by Wayne County prosecutors, but he’s facing federal charges of kidnapping resulting in death and kidnapping a minor.

The kidnapping resulting in death charge comes with a life sentence, and it is also death penalty eligible.

Police said Trice travelled through Wayne County after kidnapping Wynter. Her body was eventually found in an alley in Detroit. Officials believe Trice killed her with a pink phone charging cord.

Macomb County

St. Clair Shores police are the ones who spotted the stolen Impala after an Amber Alert was issued for Wynter.

Trice is accused of fleeing from officers, crashing into a cop car, and trying to grab at Eastpointe police officer’s gun.

He’s charged with third-degree fleeing and eluding, attempt to disarm an officer, receiving and concealing a motor vehicle, assault with a dangerous weapon, resisting and obstructing causing injury, and three counts of resisting and obstructing a police officer.

The first four charges are five-year felonies, the resisting and obstructing causing injury charge is a four-year felony, and each count of resisting and obstructing a police officer is a two-year felony.

Consolidating cases

On Thursday, July 13, Macomb County Prosecutor Peter Lucido announced that Michigan Attorney General Dana Nessel wants to consolidate the case and prosecute the entire case as one.

The attorney general has statewide jurisdiction and can charge Trice on all crimes.

“Whenever a felony consists or is the culmination of two or more acts done in the perpetration of that felony, the felony may be prosecuted in any county where any of these acts were committed,” Michigan Statute MCL 762.8 reads.

Lucido agreed to the attorney general’s request and will allow the charges in Macomb County to be combined with the case in Ingham County, where Wynter’s family lives.

“In the wake of unspeakable tragedy and unimaginable pain, the decision for Attorney General Nessel to assume prosecution of this case across multiple counties brings consolidation of prosecution and compassion to the victim and her family,” Lucido said. “By consolidating resources, and a multi-county prosecution approach, it will allow truth and justice to be pursued and bring about a resolution that will not only be fundamentally fair but offer solace to the victim’s family.”

Wayne County Prosecutor Kym Worthy and Ingham County Prosecutor John Dewane have also agreed, according to Nessel.

“This is a tragic case, and by consolidating the prosecution into one venue, we are recognizing the hardship the surviving victim and family continue to face,” Nessel said. “I am grateful for the partnership with Prosecutors Dewane, Lucido, and Worthy, which allow all of us to place the victims’ needs first while seeking justice for Wynter and her mother.”

“There are multiple jurisdictions that could handle this case, including mine,” Worthy said. “It is and always has been my very strong position that this case be handled by the Attorney General’s Office because there is statewide jurisdiction and charges can be filed in Lansing.”

Worthy said Wynter’s mother should not have to travel back and forth to Detroit and courtrooms in other cities while Trice is tried.

Trice is currently being held at the Newaygo County Jail on 18 state and federal charges. Each case will continue in each county court while new charges are assessed by the Attorney General’s Office.

A release said officials have “begun the process of reviewing police reports for potential murder charges.”


About the Author
Derick Hutchinson headshot

Derick is the Digital Executive Producer for ClickOnDetroit and has been with Local 4 News since April 2013. Derick specializes in breaking news, crime and local sports.

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