(WXYZ) — Attorney General Dana Nessel's office is taking over the state prosecution of Rashad Trice in the kidnapping of Wynter Cole-Smith.
Nessel's office confirmed the development in a news release. It will not affect the federal prosecution of Trice, where he is charged with kidnapping a minor and kidnapping resulting in death in the Western District of Michigan and faces a possible death penalty if convicted on those charges.
In Ingham County, Trice has been charged with assault with intent to murder, two counts of criminal sexual conduct first degree, home invasion first degree, unlawful imprisonment, aggravated domestic violence second offense, unlawful driving away of an automobile and felonious assault in connection with an assault on Cole-Smith's mother.
He has also been charged in Macomb County with fleeing and eluding in the third degree, attempt to disarm an officer, receiving and concealing a motor vehicle, assault with dangerous weapon, resisting and obstructing causing injury, and three counts resisting and obstructing a police office.
The Attorney General's office says they are also reviewing police reports for potential murder charges. Cole-Smith's body was found Wednesday, July 5 on Detroit's east side after an Amber Alert and search.
The AG's office is taking over the case to consolidate it from multiple jurisdictions.
“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,” said Nessel in a news release. “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.”
“The Ingham County Prosecutor’s Office fully supports the Office of the Attorney General prosecuting the tragic course of conduct that started with a horrific physical and sexual assault and kidnapping in Ingham County, encompasses the murder of two-year-old Wynter Cole-Smith, and ended with Mr. Trice resisting arrest and assaulting officers in Macomb County. The Office of the Attorney General has jurisdiction that extends throughout the state of Michigan and across county lines. By having one prosecutorial entity handling the entire course of conduct, there will be a single point of contact for law enforcement, consistency for the victims and Wynter’s family as well as provide for judicial economy by having consolidated court hearings. The Ingham County Prosecutor’s Office will continue to support the office of the Attorney General as they hold Rashad Trice accountable for his actions and seek justice for all those impacted by these events,” said John Dewane, Ingham County Prosecutor in a news release.
"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. 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,” said Macomb County Prosecutor Peter J. Lucido in a news release.
“There are multiple jurisdictions that could handle this case, including mine. 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. State prosecutors have caucused about this horrific case. It is critically important to all of us that we consider how Wynter’s mother will have to cope with the facts in this case — her daughter’s kidnapping and murder, as well as her own vicious assault. She should not have to travel back and forth to Detroit and any other jurisdiction among various courts. The Wayne County Prosecutor’s Office will assist in any way necessary to make sure justice is done,” said Wayne County Prosecutor Kym Worthy in a news release.
Trice is currently being held in the Newaygo County Jail following his detention and preliminary hearings in federal court.
