June 30, 2022
Donald Smith kidnapped Cherish Perrywinkle, 8, from a Walmart. He raped and strangled her.
Cherish Perrywinkle was in a Dollar General with her mother Rayne Perrywinkle and her sisters. Rayne had told an employee that she did not have money to buy her daughter a dress.
A man, Donald James Smith, had overheard Rayne and offered to go to Walmart with the family and buy them some clothing with a gift card he claimed to have.
Smith drove with Rayne and her children to Walmart. They spent multiple hours shopping in the store.
At one point, Smith offered to buy McDonalds; he and cherish went to pick up the Cheeseburgers.
Instead of going to McDonalds, which was already closed, Smith lead Cherish out of the store, to his van, and drove away. Security cameras would record them leaving at 10:44 p.m.
Rayne called 911 once she realized her daughter was not getting food with Smith, around 11:00 p.m., on June 21, 2013.
According to court documents, on the morning of June 22, 2013, police noticed Smith’s van. They pulled him over and arrested him.
Smith was soaking wet when the police apprehended him. A tip led police to Cherish’s remains.
They found her under debris, in a creek, behind a church.
She had been raped, sodomized, and strangled.
Smith was arrested and charged with kidnapping, sexual batter of a person under 12, and first-degree murder. On June 22, 2013, a grand jury indicted him.
Smith took his case to trial, which started on February 5, 2018. During the trial, Cherish’s injuries were described and shown to the jury.
According to court documents, pictures included her “exposed skull and trachea” and genitals.
The jury deliberated for 19 minutes. On February 14, 2018, they found Smith guilty of all three charges.
During the sentencing trial, the victim from his 1992 crime testified, along with a psychologist, neurologist, and Smith’s son. The jury rejected all but 2 of the aggravating factors and recommended Smith receive the death penalty.
A Spencer hearing was held; the trial court agreed Smith be sentenced to death on May 2, 2018.
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