Nessel expected to file murder charges in Wynter Cole-Smith death, attorneys tell judge
attorney Aylysh Gallagher on July 13, 2023, in Lansing.” src=”https://s.yimg.com/ny/api/res/1.2/I0owKe0IA5FvUCBfsWMjgQ–/YXBwaWQ9aGlnaGxhbmRlcjt3PTcwNTtoPTM5Nw–/https://media.zenfs.com/en/lansing-state-journal/883e936962956ccae3eda4b748083fdf”/>
Lansing 54-A District Court Judge Kristen Simmons holds a hearing with Ingham County Public Defender Keith Watson, his client Rashad Trice and Assistant Prosecuting attorney Aylysh Gallagher on July 13, 2023, in Lansing.
LANSING — An Ingham County prosecutor and an attorney for the man charged with kidnapping a Lansing toddler that sparked a statewide search told a judge Thursday a murder charge likely will be filed by the state attorney General’s office.
Rashad Trice, 26, is expected to face a murder charge in connection with the death of Wynter Cole-Smith, 2, who was found dead near a Detroit airport last week, attorneys told Ingham County 54-A District Court Judge Kristen Simmons during a probable cause hearing. Trice already faces charges in three jurisdictions − eight including assault with intent to murder in Ingham County, as well as eight others in Macomb County and two charges including kidnapping filed by federal prosecutors.
“It’s my understanding that given the jurisdictional nature of this offense, that it’s the attorney general’s intent to charge the murder of Wynter and therefore it would encompass this case as well,” said Aylysh Gallagher, an Ingham County assistant prosecuting attorney.
Kim Bush, spokesperson for attorney General Dana Nessel’s office, did not immediately return a request for comment on Thursday.
More: Reports: Man accused in Lansing toddler’s death rammed police car, fought officers before arrest
The disposition of Trice’s next Ingham Court hearing, scheduled for July 20, could change, depending on Nessel’s actions. Trice is currently being held at Newaygo County Jail without bond.
“We would like to leave the preliminary exam on at this point,” Ingham County Public Defender Keith Watson, who is representing Trice, told Simmons. “However, Mr. Trice is prepared to waive his right to conduct a preliminary examination within 21 days considering the extensive amount of discovery in the case, and considering the fact that there appears to be some machinations relating to the attorney General’s office.”
Trice also faces two counts of first-degree criminal sexual conduct and charges of first-degree home invasion, unlawful imprisonment, aggravated domestic violence as a second offense, unlawful driving away of an automobile and felonious assault in Ingham County.
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More: Feds charge Rashad Trice with kidnapping in abduction, death of Wynter Cole-Smith
Trice is accused of stabbing and sexually assaulting Wynter’s mother, with whom he had a previous relationship, the night of July 2 at her Lansing residence, before kidnapping Wynter, leaving her 1-year-old brother behind, and fleeing in a car police said he stole. Trice was arrested July 3 in St. Clair Shores after a police chase in which he crashed into an officer’s car. Wynter was not with him; her body was located days later near Coleman A. Young International Airport in Detroit.
On Tuesday, Trice appeared with his court-appointed attorneys in U.S. District Court in Grand Rapids for a preliminary hearing on federal charges of kidnapping a minor and kidnapping resulting in death.
More: Rashad Trice to face grand jury hearing in Wynter Cole-Smith kidnapping case
U.S. Magistrate Judge Ray Kent expressed some skepticism on whether there was enough evidence for the federal government to prosecute Trice, but ultimately ordered the case to a grand jury. The grand jury, which could convene in the next three weeks, according to prosecutors, will determine if there is sufficient evidence to send Trice to a full jury trial.
“The facts provide plenty of evidence to establish probable cause,” Kent said, before binding Trice over.
U.S. Court of Appeals 6th Circuit court judges ruled in U.S. v. Windham that a person can face federal kidnapping charges if they use a phone or a car during the crime even if it didn’t cross state lines.
“In what appears to be a question of first impression for this Court, the Court finds that Windham’s intrastate use of a cell phone and automobile satisfies § 1201(a)(1)’s interstate commerce requirements,” according to court records.
In Macomb County Prosecutor Peter Lucido authorized eight felony charges against Trice. Those charges include third-degree fleeing and eluding police, attempt to disarm an officer, receiving and concealing a motor vehicle, assault with dangerous weapon, resisting and obstructing causing injury, and three counts of resisting and obstructing a police officer. No court dates have been set there, according to court records.
Detroit Free Press reporters Arpan Lobo and Matthew Dolan contributed to this story.
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Contact reporter Krystal Nurse at 517-267-1344 or knurse@lsj.com. Follow her on Twitter @KrystalRNurse.
This article originally appeared on Lansing State Journal: Nessel expected to file murder charges in Wynter Cole-Smith death, attorneys tell judge
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