Nessel to prosecute suspect in death of Lansing toddler Wynter Cole-Smith

LANSING — Attorney General Dana Nessel's office confirmed Thursday it would handle state charges against a man charged with kidnapping a Lansing toddler that sparked a statewide search.

Rashad Trice, 26, currently faces kidnapping and sexual assault charges, among others, across multiple local jurisdictions in connection to the murder of Wynter Cole-Smith, 2, and the assault of her mother.

"The Department has begun the process of reviewing police reports for potential murder charges," Nessel's office said in a release. "In concert with Ingham County Prosecutor John Dewane, Macomb County Prosecutor Peter J. Lucido, and Wayne County Prosecutor Kym Worthy, charges previously announced against Trice will be reviewed and reissued by the Department of Attorney General.

“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.”

Wynter's body was found near Detroit's Coleman A. Young Airport on July 5.

Attorneys hinted at Nessel's decision a hearing for Trice earlier Thursday.

"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," Aylysh Gallagher, an Ingham County assistant prosecuting attorney, told, Ingham County 54A District Court Judge Kristen Simmons during a probable cause hearing.

Ingham County Public Defender Keith Watson, who is representing Trice, told Simmons his client was 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."

Dewane in a statement said he supported the decision.

"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," Dewane said.

Macomb County Prosecutor Peter Lucido and Wayne County Prosecutor Kym Worthy issued similar statements.

More: Reports: Man accused in Lansing toddler's death rammed police car, fought officers before arrest

Trice is currently being held in the Newaygo County Jail without bond.

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.

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.

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.

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.

Support local journalism and get unlimited digital access! Subscribe for only $1 for six months! 

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 to prosecute suspect in death of Lansing toddler Wynter Cole-Smith