'I've had too much to drink': Court document describes DUI accident of Zoey Felix's mother
Holly Jo Felix — the mother of 5-year-old Zoey Felix, who was killed Oct. 2 — smelled heavily of alcohol and slurred her words after crashing the vehicle she was driving last November with her young daughter as a passenger, court records say.
Holly Felix gave police an incorrect name and birthdate for her daughter, who was riding in her front passenger's seat, says a charging affidavit written by Branden Childers, a Topeka police officer, in a case in which she pleaded guilty last March.
Police noticed a fresh injury just above one of Holly Felix's daughter's eyes, the affidavit said.
"Without provocation, Holly told me 'I've had too much to drink,'" it said.
The affidavit gave no indication as to what Holly Felix's blood-alcohol level may have been.
Why is Zoey Felix in the news?
Shawnee County District Court Magistrate Judge Christopher J. Turner ordered the affidavit made public Tuesday after it was requested by The Capital-Journal and other media outlets, provided it contained certain, specific redactions.
The defense and prosecution had requested specific redactions, the order said. The ones Turner ordered made consisted largely of blacking out information that would have identified victims or witnesses.
Zoey often roamed her neighborhood alone and unsupervised as she formerly lived with her parents and others at a house in the block of 2200 S.E. Market, neighbors told The Capital-Journal earlier this month.
Holly Felix last month expelled a group that included Zoey; Ezequiel Felix-Guerrero, who was Zoey's father; a teenage girl who was Zoey's sister; and Mickel Cherry out of that house, neighbors said. The group went to live in a campsite in southeast Topeka.
On Oct. 3, Topeka police said Zoey had been raped and killed a day earlier. Cherry, 25, faces criminal charges that include rape and first-degree murder in the commission of a felony.
Why is Holly Felix on probation?
Holly Felix is on probation for aggravated battery, a felony, committed last November, Shawnee County District Court records show.
They suggest the victim in that case was Zoey, identifying the victim only as "Z.F." and giving her birthdate as XX/XX/2018.
Childers said in the charging affidavit that he was called on Nov. 18, 2022, to Tequila's, 520 N.W. Elm Row, where he found Holly Felix and her daughter outside a Nissan X-Terra, which had crashed into a ditch.
Holly Felix was having difficulty standing upright and tried to walk away with the child, the affidavit said, adding that she initially told police incorrectly that her daughter was born in 1987. Holly Felix was born in 1987.
The affidavit said Childers saw two open bottles of alcohol inside the vehicle, one larger than the other, and was told by Holly Felix's child passenger that Holly Felix had been drinking from both.
The affidavit didn't give the passenger's name but said she was born in 2018.
A witness told police he saw Holly Felix revving the vehicle's engine while trying to get it unstuck, the affidavit said.
What happened in the case against Holly Felix?
Court records show Holly Felix, now 36, pleaded guilty March 20 to felony reckless aggravated battery causing bodily harm with a deadly weapon or in a manner whereby great bodily harm can be inflicted, with the victim being "Z.F."
Holly Felix also pleaded guilty in that same case to misdemeanor driving under the influence with a child in the vehicle, second offense, those records show.
In exchange for Holly Felix's guilty pleas, four other charges were dropped in that particular case, they say.
The agreement also called for the dismissal of two other misdemeanor domestic battery charges and one charge of misdemeanor criminal restraint filed last year against Holly Felix in separate Shawnee County District Court cases, court records show.
They say Holly Felix's first offense upon which the DUI charge was based was committed Dec. 12, 2007, in Nevada.
What was Holly Felix's sentence?
Shawnee County District Court Judge Jason E. Geier on June 15 imposed sentences upon Holly Felix that included 10 months in the custody of the Kansas Department of Corrections.
But Kansas law carried a presumptive probation term for the circumstances involved, said Shawnee County District Attorney Mike Kagay.
Holly Felix’s sentence was consequently suspended and she was placed on 18 months probation, Kagay said.
Holly Felix was also ordered to take steps that included doing 20 hours of community service and not having contact with Zoey's father, Ezequiel Felix-Guerrero, and one other victim identified as "Katelenn," whose last name wasn't given.
Holly Felix also has prior convictions in Nevada for possessing stolen property and domestic battery, court records show.
Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.
This article originally appeared on Topeka Capital-Journal: Records: Mother was driver in Topeka DUI crash that injured Zoey Felix
