Michigan | Federal prosecutors won’t seek death penalty against man charged in kidnapping, murder of 2-year-old

This week, federal prosecutors said they won’t seek the death penalty against the man charged in the kidnapping and killing of 2-year-old, Wynter Smith.

Defense Attorney, Sarissa Montague, shared how rare it is for someone in Michigan to face the execution chamber.

Montague said the death penalty is meant for the very worst crimes. While allowed for some federal crimes, the death penalty was abolished in Michigan’s constitution back in 1846.

“The last execution that occurred, occurred when Michigan was still a territory and that was back in 1830.”

However, Montague said the laws are slightly different for crimes charged in federal court. “So even though Michigan has outlawed the death penalty, the federal government has not. So, somebody who commits a crime in Michigan, if that crime is being prosecuted by the federal government, then the death penalty would be permitted.”

In a statement sent to News 10, Wynter’s grandmother, Willeen Cannon, said:

“Quite disappointed but still okay with life in prison. The reason why I push for the death penalty is not just for my granddaughter, it was to make an example out of him to help protect other children that may be in the same situation. Or to prevent it from happening in hopes that people would think twice about hurting or murdering children just because they’re going through a domestic violence situation, or for any other reason for that matter.”

It was important for us to believe that the death penalty would have been a better option to know that our baby Wynter did not die in vain. She will never be forgotten and forever be loved. We thank the Lansing Police Department for all the support that we have been given throughout this crisis and the family is still is deep healing process at this time.”

A judge and jury will soon decide whether Rashad Trice will face punishment in the pursuit for justice for Wynter Smith.

“Life in prison is the punishment that is usually – I don’t want to say equivalent to the death penalty but that is the worst punishment that a person could get besides the death penalty,” said Montague.

Trice is due back in 54-A District Court in Lansing for a hearing next Tuesday, Oct. 31.

Source: WILX news, Staff, October 28, 2023

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