Water and power turned off at Zoey Felix's former home. Here's what a Kansas lawmaker says

Topeka city officials confirmed Wednesday that utilities had previously been shut off to the former home of Zoey Felix, the 5-year-old homeless girl who was killed Monday evening.

Neighbors have said the house in the 2200 block of S.E. Market went long periods without heating, air conditioning or running water and that Zoey was kicked out of the home by her mom a couple of weeks before her death. Desiree Miles, who lives up the street, said the house had been in "horrible" condition.

"A crime was committed, and in part it's believed it's because she was living in the rough, living in what is being described as a homeless tent area," said Sen. Molly Baumgardner, R-Louisburg. "The circumstances are tragic, but part of what precipitated that was no water, no electricity and being evicted, as we're hearing."

Topeka police have arrested 25-year-old Mickel Cherry, who is homeless, on suspicion of rape and first-degree murder. Emergency crews were called Monday evening to the Dillons gas station at S.E. 29th and California and attempted to save the girl's life.

Zoey had been living in a homeless camp less than a mile away for about two weeks, neighbors said, which would have been after both water service and electricity had been turned off.

"The understanding that utilities were shut off in September and that living on the rough has been occurring for that period of time," Baumgardner said.

Sheryl Tyree, who doesn't live in the neighborhood but frequently visited, said she gave Zoey a bath three weeks ago, clothed her and combed her hair.

"She hadn't had a bath in so long because that house had no running water, had no heat, air (conditioning), for months," Tyree said.

City of Topeka took action for 'lack of electrical utilities' last month

Topeka spokesperson Gretchen Spiker said the house had a city code compliance action opened Sept. 11 for "condemnation case for lack of electrical utilities." The case was closed Sept. 25 for "voluntary compliance."

The case was opened after police went to the home on a Sept. 5 check welfare call involving an allegation that there was no electricity.

"Officers made contact with residents of the home who confirmed there was no electricity and then spoke with the custodial parent of the child, who confirmed the child had not been staying there because there was no power," Spiker said. "Officers then met with the child who was in good spirits and apparent health and the child was left in the care of their parent, per the custodial agreement."

Spiker said Topeka police provided information about the case to both the Kansas Department for Children and Families and the city's property maintenance unit, which later followed up on the lack of electricity.

It is unclear when electricity was turned off, if power was turned back on and what steps Evergy took. A company spokesperson didn't directly answer questions.

"Evergy does not comment on individual customer service issues or finances," said Courtney Lewis.

It is unclear whether the home used natural gas and if service was disconnected. Kansas Gas Service also didn't directly answer questions.

"First and foremost, our hearts go out to all those impacted by this tragedy," said Dawn Tripp, a KGS spokesperson.

"While we cannot share information about a specific customer’s service, Kansas Gas Service attempts to work with any customer who contacts us about having difficulty paying their natural gas bill," she said. "We have payment plans and a resource page on our website at kansasgasservice.com, where customers can find utility assistance programs across the state. We’re here to help our customers through challenging times."

City of Topeka shut off water service in September for lack of payment

Spiker said the city turned off water service last month.

"Water service at (the house in the 2200 block of S.E. Market) was terminated on September 6, 2023 due to past due balances that lasted more than 90 days," Spiker said. "Prior to water service being shut off, we notified the customer both in writing and through a phone call. To date, the city has received no requests to restore water service at the address."

She also provided code compliance summaries of other property maintenance-related issues at that address since January 2022. They included a "sanitation case involving household items and furniture," multiple weed cases, a "housing case related to broken windows and a damaged garage door" and another sanitation case opened the same day as the condemnation case.

Angela Massengill, who is the owner and landlord of the house, said she had been cleaning up the property in recent weeks after the city government made her aware of the house's condition.

Should utilities have to notify authorities before disconnecting service to a child's home?

The Joint Committee on Child Welfare System Oversight, which met Wednesday and discussed Zoey's case in a closed executive session, asked the Kansas Department for Children and Families to provide information on utility policies to prevent shutoffs when children are in the home.

"As best as we can tell, there doesn't seem to be a protocol for notifying anyone, and what we've experienced are the tragic consequences of that," Baumgardner said.

Utilities services are often provided by monopolies, including Evergy's electric service in Topeka, meaning there are no other options for customers.

"So when they turn off that electricity, there's also some responsibility for what happens when it's turned off," Baumgardner said said. "Same thing would be true of water."

She said access to water, plumbing and electricity are necessities.

"I look at it this way: If a school or child care center or a day care didn't have electricity or didn't have water, would we allow them to still have students? I think the answer is no to that," Baumgardner said. "It becomes an issue where utilities can say, 'We can't comment,' or they could even go so far as 'There's no law,' but that is turning a blind eye to children."

She said she understands taking action due to nonpayment of utility bills.

"I do understand that," she said. "But I do feel there is a responsibility to contact authorities that we have a home with a child as a resident and we're shutting these services off, and to partner with what are the support services in the community.

"And what is to me particularly tragic, is DCF, it's in the very same town. It's not like no one knows where they are as far as officials in Topeka. DCF headquarters are right there in Topeka."

It isn't known whether any of the utility services took steps to work with DCF, law enforcement, nonprofits or other authorities.

"When communication is not occurring, then it's not a safety net, it's just all of these ropes," Baumgardner said. "A net is rope that's been woven together, and so we have strings or ropes of services and we need them to be woven together to serve children just like Zoey."

Jason Alatidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on Twitter @Jason_Alatidd.

This article originally appeared on Topeka Capital-Journal: City of Topeka, Evergy shut off utilities to former home of Zoey Felix