This child was going through stuff in her life and I know she was going through stuff cuz I could breathe and I could see things around her. Kids are all crazy man. Oh no, I’m thinking, “Oh god, how am I going to get away from these people cuz now I’m going to ride.” Oh god. Stab me to death. Don’t break me.
There were tire tracks there that we believed came from the van. I could see a tree that was laying on its side. I walked over to the water. From what I could see up underneath the trunk of the tree was Cherish laying on her left side and she was facing away from me and her hair was kind of floating in the water.
Let’s go back to December 24th, 2004 in old, slightly worn down Jacksonville where little Cherish Periwinkle came into the world. Her birth was like a miracle for her family and everyone close to them. And her mom, Rain, called her the best Christmas gift she could ever imagine. She was this little spark of light in a house that had its fair share of uncertainty and struggles.
Her dad, Billy Jro, was a Marine, a guy used to strict discipline and a hardcore, fast-paced life, which was a total contrast to Rain’s warm but kind of chaotic world. They met at a strip club on San Juan Avenue. You know, one of those places where most love stories don’t start all romantic, but more like by chance, a little wild, and definitely unpredictable.
Their connection was quick, full of sparks and temporary fascination, but it was far from your typical fairy tale romance. Billy bought Rain a drink, and soon enough, they ended up back at his apartment. And that’s where in the middle of a messy mix of booze, smoke, and the city’s constant noise outside, Cherish came into their lives.
When Rain told Billy she was pregnant, he didn’t really know how to handle it. He demanded a paternity test, needing proof, but Rain refused to go along with it. And then Billy just disappeared, not acknowledging Cherish as his daughter. Later on in his own reflections and confessions, he admitted that maybe he should have handled things differently, like had more courage and taken responsibility as a dad.
But by that point, words couldn’t change the reality. Cherish’s first months were spent without him, leaving Rain alone with a newborn in a world that was far from simple. Wait, what exactly does Billy mean by the environment? This child was going through stuff in her life. And I know she was going through stuff cuz I could read and I could see things around her.
Let’s fast forward a bit. Cherish was born and Rain was suddenly face to face with motherhood alone. No support, no stability, no real plan. And yeah, it was hard, absolutely exhausting at times. Honestly, unbearable. Every single day felt like a fight just to survive. Like on the most basic level. By 2006, Rain had hit rock bottom.
She and little Cherish ended up in a homeless shelter. Cherish was barely 2 years old. Temporary walls, strangers everywhere, no real sense of safety. That became their everyday reality. And it didn’t stop there. Later on, there were several times when daycare staff couldn’t reach Rain to come pick Cherish up. The phone just rang and rang.
Time passed. Anxiety set in. You can imagine how that must have felt through a child’s eyes waiting, not understanding what’s going on, wondering why your mom isn’t coming. There was another disturbing incident at the shelter. Rain lost control and slap Cherish.
One impulsive moment just like that and social services were alerted. Authorities stepped in. Rain was required to attend counseling, take part in support programs, basically do everything she could to keep herself together and stay afloat. In 2007, the state finally contacted Billy. He was informed that the paternity test came back positive.
And along with that news came a harsh reality check, a massive child support debt around $220,000. Those were the years Rain had been carrying everything on her own. Without his help, without his involvement, that’s when things got even more complicated for Rain Periwinkle. Billy suddenly decided to acknowledge paternity.
And he didn’t stop there. Almost immediately, he jumped into a legal battle for custody, convinced that Rain wasn’t capable of giving Cherish a safe and stable life. For him, this wasn’t just a court case. This was about control. In 2010, the court reached a compromise, shared responsibility. But primary custody stayed with Rain.
Cherish spent weekends and summer breaks with Billy. Still, deep down, Billy couldn’t shake the feeling that the court had gotten it wrong. He was convinced that one day Rain would fail. And when that happened, primary custody would finally be his. So he waited patiently, coldly. Meanwhile, Rain’s life kept moving forward.
She found love again. A man named Aaron Pearson. Together, they settled into a cozy house on Allen Avenue, right near the pool at Carville Park. quiet neighborhood, greenery, kids everywhere, like the kind of place that looks perfect for raising a family. Rain and Aaron had two more daughters. Destiny was born in 2008 and Noah in 2010.
Cherish became the big sister. She helped out, took care of the little ones, stepping into a role that a lot of kids her age just aren’t ready for. By the time Cherish was 8 years old, her creativity really stood out. She could sit for hours, totally absorbed in drawing, almost like she was shutting the world out.
At school, she did well, confidently moving through second grade. When Cherish visited Billy in San Diego, he tried to make every moment special. His Facebook looked almost like a perfect family album. Disneyland, Hoover Dam, the Grand Canyon, right photos, smiles, memories. Like Rain, Billy had built a new life.
He got married, had a son, and at least on the surface, he always seemed to make time for cherish. But life on Allen Avenue wasn’t as peaceful as it appeared. Rain was struggling with her own demons, especially during her pregnancy with Noah. There was a dark period when she attempted to take her own life while battling borderline personality disorder.
She was hospitalized under the Baker Act. After she came home, the problems didn’t go away. If anything, they multiplied. The Department of Children and Families got involved after an incident where rain threw a plate during an argument with Aaron Pearson. That was another red flag. Serious questions started being raised about her ability to care for the children.
And then came that fateful day around 7:00 in the evening, June 21st, 2013. Cherish went with Rain and her sisters to Dollar General. Just a normal everyday trip. The plan was simple. Buy Cherish a new dress before her summer visit to her dad. Nothing unusual. But while they were shopping, Rain couldn’t shake this uneasy feeling.
It felt like they were being watched. There was a man standing way too close, staring, not really looking away. Her intuition was screaming. And yet, no one knew that this moment, this exact moment, was about to become the point of no. When did you first notice the defendant inside the Dollar General? I was in the shoe a while trying on shoes with my children.
I looked to my right and he was standing in the doorway looking right at us. The man with white hair, probably around 50, was standing there, eyes locked on Rain and her girls. His stare was heavy, unyielding, like he wasn’t really looking at people, but at a movie scene, and they were the main characters.
It felt like time slowed down for a moment, and the air around them thickened, heavy with some invisible tension. And then, just as suddenly as he appeared, he vanished. slipping into the crowd like he’d never been there at all. Rain took a deep breath, trying to shake off that uneasy feeling. She forced a tense smile, tried to calm herself, and kept shopping, but her heart was racing and her eyes kept drifting back to the spot where he had been.
Were you looking specifically at any items of clothing inside the Dollar General? Yes. What were you looking at? It was a little black and white dress that I saw. Money was tight. Even though the girls kept asking for just a little more, Rain could only afford a few small things. The bare essentials, the simplest stuff enough to keep them happy for a little while.
When they stepped out of the store onto the sunny, but kind of overcast and calm street, who was waiting for them outside? Yep, the same white-haired man. He was standing a little off to the side, but his eyes never left Rain and the girls. He moved a little closer and Rain felt a chill run down her spine that wouldn’t go away.
The man started talking, his voice calm, almost friendly. He introduced himself as Dawn, but in his eyes, there was this sharp watchfulness, hard to ignore, like he noticed every move, every little sign of unease. It seemed like he picked up on how hard it was for Rain to pay for the groceries. How she counted every coin, trying not to upset her daughters, and then he offered help.
Calm, almost casual, but in that simplicity, there was something unspoken, something more than just politeness. Rain smiled, feeling a tiny bit relieved, but deep down, her heart was racing, suspicious, like she instinctively knew this encounter wasn’t going to fade away. Quiet.
What did he say to you when you walked out the front door of the Dollar General? If you really want that dress, I’ll get it for you. Did he make any other comments to you about your children? Yes. What’d he say? He said, “You look like you have your hands full. I have a couple of little ones.” Dawn said that his wife had a Walmart gift card with $150 on it just sitting around unused and that rain could during the course of that conversation.
Did he make any mention of a gift card that he may have at Walmart? Yes. What did he tell you about this gift card? He said, “I I have a $150 gift card I’m waiting on my wife.” Grateful for what seemed like a life-saving offer, Rain agreed, though she quickly explained they didn’t have a car.
They stood there in the parking lot, waiting for his wife to show up. The girls huddled close to her, and Rain tried to stay calm, feeling a mix of relief that someone was offering help and this underlying anxiety from the unexpected encounter. Did he tell you his wife was coming? I kept asking him where where she was.
What was his response? She’s coming. Did he tell you how she was coming? I asked him, “What does she drive?” He said, “A gold car.” You were waiting to see if his wife came to give you the gift card. Yes. [clears throat] Did it begin to rain at some point while you were waiting for his wife to arrive in the school car? Yes.
What were the children doing? They were playing with their umbrellas and running around having fun. Just doing what kids would do. Yes. And then Don, who almost looked like a night in shining armor, laid out his plan. His van was parked right nearby. Um, and he said he could drive them to Walmart right now to meet his wife.
Rain hesitated getting into a stranger’s car, made her uneasy and anxious. But Don kept pushing, repeating his offer several times, which only made that gut feeling of dread stronger. Rain was stuck. She didn’t have enough money, and she wanted to play it safe, wait for his wife. But her patience was running thin.
Dawn’s wife still hadn’t shown up, and climbing into a van with no windows was even more unsettling. Don asked again, straight up, if she would accept his help. And suddenly, his tone shifted. No longer polite, no longer gentle. And Rain felt that chill of danger that just wouldn’t go away. He got snappy with me because I wouldn’t get in the van.
What do you mean he got snappy with you? Describe that for me. He had an attitude. He said, “You don’t have to do this.” He asked if I wanted to see his driver’s license. Uh Don kept insisting that he didn’t have any bad intentions. Welcome you to Walmart. I could go on anywhere.
We went shopping while I was talking to the rain for an hour or so. Don knew why Rain had changed her mind. It had started raining and she was out of money and had no way to get around. I’m going to Walmart. I don’t know. She says to Joe, “Um, I don’t want to go out and talk to strangers upstairs. No problem.” It started raining. So, she says, “Well, I tell you what, I have to go to Walmart.” That’s okay.
I started missing rain. We’re going to Walmart. So, I told her, “You get a dress, a pair of shoes for your kid.” The kid was going to California the next morning. When rain peaked inside the van, it gave off a weird, unsettling vibe. Dark, no windows, smelling of cold metal and leather.
Still, despite the uneasy feeling, she and the girls climbed in, and the van started moving toward Walmart. The whole time, Rain couldn’t shake that sense of alertness. She was trapped in a confined space with a stranger, and her phone, usually her lifeline, was broken. Her heart was racing, her mind spinning, and every single second in that van felt tense, uncertain, and scary.
Did you have a cell phone at this time? Yes. Did you have it on you? Yes. Was it [snorts] functioning or was it working? No, it wasn’t working. Why? Because my 5-year-old daughter, Destiny, put it in the cat water to wash it. She told me at Walmart they made their way to the clothing section and Rain started picking out things for the girls.
Simple necessary stuff she could afford without spending too much. Meanwhile, Dawn stepped out to his van, leaving them alone. But after a while, he came back and started browsing the shelves, too, acting like nothing unusual was happening. Rain didn’t notice anything strange in his behavior at first. Then Dawn did something that instantly triggered Rain’s maternal instincts.
He offered Cherish a pair of high heels, a grown-up item totally inappropriate for her age. Rain immediately said no, loud and firm, her instincts screaming, protecting her child. Time dragged on, and as it got closer to 10:00 in the evening, the girl started acting up tired and hungry.
Dawn described the situation his own way, calm as ever, ignoring or maybe refusing to acknowledge how Rain was feeling. The tension was quietly building even though from the outside it just looked like a normal late night shopping trip. Kids are all crazy. I’m thinking, “Oh god, how am I going to get away from these people cuz he’s close?” Rain remembered they hadn’t had dinner yet and Don suggested stopping by McDonald’s.
At some point while you were shopping inside the Walmart, did the defendant make any mention to you about getting some food? Yes. What did he say and how did he say? He used his hand and he said, “I’m going to McDonald’s. What do you want to eat?” Cherish lit up at the mention of McDonald’s and they headed that way, leaving Rain to finish up the shopping.
But about 20 minutes later, something felt off the McDonald’s inside. Walmart was closed. Before we move on, I’m going to take just 15 seconds of your time. If you could support the channel with a like and a subscribe, that would be amazing. And hey, drop a comment telling me where you’re watching from and what the weather’s like.
It really helps my videos get out there. All right, thanks for that. Now, let’s keep going. After they walk off, what do you do? I went to the shoe section because my 5-year-old Destiny wanted a pair of shoes, a bigger size. Did you continue to shop for the girls and look at clothes and things of that nature? I was just looking at the shoes and then I started to walk to the front of the store.
Had you heard an announcement about the store would be closing? Yes. And what time was the Walmart actually closing closing that night? 11:00. A wave of panic hit rain like a full-blown tsunami. With no phone of her own, she started screaming, begging anyone nearby, shoppers, store employees to call 911.
Her heart was pounding so hard it felt like it was echoing in her chest. And then it hit her the absolute worst. Cherish had been taken. Every second stretched into what felt like forever. Finally, one of the employees ran over and handed her their phone. Rain grabbed it. Hands shaking, voice breaking, but she managed to make that first call, trying to reach help in the chaos that was unfolding all around her.
Point did you seek help from the Walmart employees and try to call the police? Yes, I was yelling, “Call 911. My daughter’s been taken and no one would no one would help me right away. It was around 11:20 at night when Rain finally got through to 911. Her voice was shaking as she reported that Cherish was missing.
911 up and said, “Hi, that Walmart li been taken.” What do you mean? I can’t find her. And you say you at the Walmart on Lim Turner? Yes, I am. Okay. When was where did you last see her at? to Walmart. I met a man today at Dollar General. He saw that I was struggling to buy them some clothes.
He drove us here to buy us some clothes. And the only reason I went with him because she said his wife was going to be here [snorts] because I told him I don’t take rides with strangers. Okay. Ma’am, what’s what? Don’t remember what color she’s wearing because I’m panicking right now. I’m trying not to panic. Okay.
And she was laughing with this man. Yes. He went to He said he was going to McDonald’s and he he hasn’t been there because the store is closed right now. Okay. Is he a white man or a black man? A white man. He’s got white short hair and he’s got dark eyebrows. You say dark short hair? No, he’s got white hair and dark eyebrows.
During that chaotic call, Rain didn’t hold anything back. She spoke straight, fast, barely pausing, telling the dispatcher how she’d felt something was off about Dawn from the very beginning. She went over every detail from how he had been watching them at Dollar General to the times he had taken Cherish to the fitting room twice.
Rain tried to keep her voice calm, hoping her words would be taken seriously, hoping someone would help. But now, Cherish wasn’t there. Waves of fear and helplessness washed over her, every second stretching like an hour. And Rain knew time was working against them.
I had a strange feeling about him when I first met him. And he took her to the he took her to the the to the dressing room twice and I was hoping that she would be okay. And I was looking at the shoes and I didn’t want him to think that I was overly protected, freaking out. But now they’re not here. And I find it very odd because he knew that. Okay, ma’am.
What color vehicle does he drive? It’s a white van that Do you remember any stickers or anything on the side of the van? Anything that you can remember at all? Did it have tinted windows or anything? I know. He’s got carpet in the van. I didn’t take a good look. And he he said what? I didn’t take a good look at the bed.
Okay. Do you remember what did you see any tag on it or anything? Was it a tag? No, I didn’t look at that. I feel like a fool. Okay. Can you remember what he had on? No, I don’t remember anything cuz I’m panicking right now. Okay, ma’am. What’s your name? My name’s He said his name is gone.
He said he was supposed to meet his wife here and his wife never showed up and I couldn’t figure out why. His wife didn’t even show up at Dollar General. And he told you that y’all were going to meet his wife at um the Walmart. Yes. First she was supposed to shop at Dollar General and then he was going to meet with her at at Walmart.
And we’ve been here probably 2 hours. And as the call went on, minute by minute, a chilling creeping fear washed over rain like a shadow. It hit her like a ton of bricks at that very moment. Something terrible could be happening to Cherish. She’s supposed to go to California in the morning who the plane and he knows as I told him this.
He knew when the store was closing. I had a bad feeling about him. Okay. How long have you been looking for you? When was the last time you saw how long ago? About half an hour ago. That for her for a half an hour? Yes. There’s nobody in the store. And he knew the store was closing. He said he was going to McDonald’s.
She went with him. I should have told her to stay with me. He was going to the McDonald’s inside the store. Yes, there’s a McDonald’s inside the store. He wasn’t here. Oh, okay. You have more kids with you? Yes, I have two. My other one I think he I think he took her. Okay, ma’am. You You think she’s been taken? You say you have other kids with you? Yes, I do.
As soon as that terrifying call went out, investigators sprang into action and headed straight to Walmart. Search teams combed the area around the store, checking every corner, but neither Cherish nor Dawn could be found. Meanwhile, the surveillance footage inside Walmart revealed chilling details.
The Periwinkle family along with Dawn had been captured on video, and when investigators saw Cherish leaving the store with the man, horror set in. The cameras caught a white Dodge van, Florida plates, pulling out of the parking lot, and Cherish was inside. With that crucial lead, investigators worked nonstop.
Some combing the neighborhood, others tracking the vehicle. By around 2:00 a.m., they made a breakthrough. The white-haired man was identified 56-year-old Donald James Smith. Smith’s past painted a dark picture. As a child, he had been known as a troublemaker in his neighborhood. Later, he got tangled up in a string of criminal offenses from petty theft and illegal electricity hookups to check fraud.
In 1993, his downward spiral reached a new low when he went to prison, cementing his reputation as someone hard to control and prone to repeat offenses. Back in your childhood, did you live with family here in Jacksonville, Florida? I did. I’d like to direct your attention to September 27th, uh, 1992.
How old were you were you at that time? 13. As you were walking to Tamar’s house, did you encounter a man in a van? Yes. Could you describe the van to me? It was a gray van. Um had uh the side windows were tinted. Um it was a Chevy, I believe. And [snorts] the man who was driving that man, describe my for please.
Um, he was probably close to 40. Um, shoulder lengths, dark hair, pointy nose. Do you see the man who was driving that van in this courtroom here today? Yes. Would you please point him out and describe where he’s seated and what he’s wearing? There at that table in the orange. Did he ask you if you wanted a ride? He did.
And what was your response to that? I told him no. She hid inside a tubular slide at the playground. He even shouted threats while she stayed tucked away in her hiding spot behind the school. There was a small playground and there was a [snorts] a big like a tube slide in the playground table. Hi guys.
When he couldn’t get to Cherish, he turned his attention to other vulnerable kids. Just a few hours after the first incident, he committed more illegal acts. Eventually, he was caught and the court sentenced him to 5 years in prison. But even after his release in 1997, the problems didn’t stop. Despite a scheduled parole in 1999, Smith’s path took a sharp turn when the Department of Children and Families set up a clinical interview which reopened old issues.
In 2009, Smith got into serious trouble again. He was charged with attempted harm to a child as well as abuse and impersonating a government official. When he was finally arrested, he tried to blame drugs, claiming he had been high on crack. In 2012, he went to court and pleaded guilty to these serious crimes.
But the sentence was surprisingly light, just two years in prison. Why? The mother of the victim insisted on a simplified resolution, not wanting her child to go through a full court trial. Having served only 2 years for attempting to harm children and impersonating a public official, Smith was released on May 31st, 2013, less than a month before Cherish disappeared.
On the morning of Cherish’s disappearance, Smith calmly talked with police during their routine visit to his home. He lived on Seya Avenue in a house that had belonged to his mother for decades. Most of his neighbors were well aware of his past and his legal troubles. Earlier, Smith had done odd jobs around town, painting, minor repairs.
After his release in May, he kept a low profile, almost never seen in public. Investigators had a hot lead. They knew his ID, had seen his vehicle. Now they just had to find him. With signs of an abduction, the Florida Department of Law Enforcement didn’t waste a second. An Amber Alert went out around 4:30 in the morning with a description of Smith’s van, as well as information about Cherish and Smith himself.
The alert spread instantly, triggering a wave of notifications to state agencies and partner organizations. Later that day, after lunch, Smith’s van was spotted on Interstate 95. Investigators immediately pursued it and stopped the vehicle without any resistance. Out of the vehicle, face away from us. Keep your hands in the air.
Stop. Smith was dressed the same way as the day before. Black t-shirt, black jeans. His eyes were bloodshot, and his whole body was soaked. He explained it away, saying it was the result of a night spent smoking crack in the back of the van with prostitutes. Since Cherish was no longer in the van, police immediately arrested Smith and took him to the station.
If he’d had a gun, that morning could have ended very differently. Shortly after the arrest, investigators got a new crucial tip. Someone reported a suspicious van near Highlands Baptist Church on Broward Road. According to the witness, between 7 and 8 in the morning, they had seen the van parked on a bridge over a creek, a detail that immediately caught law enforcement’s attention. morning.
A witness placed this call to 911 saying she had spotted Miss Van behind a church. And how long ago did you see it? Oh man. You came here from work at 7:00. So that was like 720. Yeah. 7:20. It was like that. We didn’t say nothing. We didn’t know anything until just now. All right. And you said it’s now gone.
Yes. Yes. Now. But you think he may have just in case he might have dumped something, right? We don’t know. But just in case, it looked suspicious cuz it was all the way to the back. The location struck investigators as strange, especially since there was no one around.
The creek ran alongside a dense wooded area, adding even more mystery and uncertainty to the scene. Investigators acted fast. They secured the area, brought in K9 units, and began combing the thick underbrush. One of the handlers, Charlie Wilkkey, didn’t waste a second. His loyal dog, Gator, immediately picked up a scent and led him upstream along the creek, confidently guiding the team through the brush and narrow trails.
You were face to face with evil. Absolutely. Yep. Yeah. The worst of the worst. Now retired, JSO K9 officer Charlie Wilky arrested Smith on I95. He and his dog found Cherish’s body. Less than in the distance, Charlie spotted an old tree that had fallen into the thick grass by the creek.
Gator suddenly changed direction, heading straight for it and signaling the dog had picked up a scent. Next, I uh I put put Gator in the down. So, I had him stay on the shoreline and uh I could see out beside me, I could see a tree that was laying on its side. And then looking at the reads that were kind of pushed down that were a little bit ahead of me.
It almost looked like a triangulation. There was reads pushed down in a path that gator had come down. And then I’m looking from my vantage point and I’m looking out and it just everything’s lining up with this tree that’s directly ahead of me in the water. But it’s it’s in the water. As Charlie got closer, he stopped in disbelief.
Beneath the trunk of the fallen tree lay the body of a little girl, lifeless and fragile. It was cherish. She was wearing the same orange dress with the fruit pattern she’d worn the day before. The scene instantly became a chaotic hub of investigative activity. The area was cordoned off and her body was carefully taken to the medical examiner’s office for further examination.
The horrific details of her death only added to the tension in the air. Immediately, blame started to circulate, mostly aimed at the Florida Department of Children and Families. A spokesperson, John Harrell, openly urged parents to be cautious. Warning, there are people out there who pose a danger to children.
Back in April of 2006, Rain had been accused of allegedly shaking Cherish when she cried. DCF investigated but found no physical injuries. That same year, Rain failed to pick Cherish up from daycare, which also drew attention from authorities. In 2009, DCF launched an investigation into Cherish’s father, Billy, after reports that he had supposedly spanked his daughter, leaving a mark.
Other accusations, including harassment, were also raised, but official reports lacked clear details. That same year, Rain reported an attempted harassment against Cherish, though the report did not specify who was involved. In 2012, investigators reviewed an incident where Rain and her partner had an argument, leaving her with bruises.
According to Harold, all of these were only allegations and DCF never found sufficient grounds to remove the children from the family. Another question arose. Why did the public learn about the abduction so late? The call to the police came at 11:00 p.m. and investigators immediately started working, but the Amber Alert wasn’t issued until 4:30 in the morning.
Many wondered with the description of the kidnapper in the vehicle, why wasn’t the alert sent sooner, given that the first hours after an abduction are critical. The next evening, after Smith’s arrest and the discovery of Cherish’s body, hundreds gathered at Highland’s Baptist Church in the northern part of the city to pray for the little girl and support her family.
Meanwhile, justice moved quickly. Smith was charged with kidnapping and murder. He was denied bail and prosecutors indicated they might seek the death penalty. Later during questioning, investigators noticed bruises on Smith’s body, raising even more questions about his state and behavior at the time of his arrest. Have a seat.
We’ll be with you in a little bit. Donald Smith is led into an interview room on the morning of his arrest as JSO detectives try to get answers. What’s your name? Donald Smith. Donald Smith. They took several photos of him to document his condition and as evidence then Smith was brought before the investigators.
He clearly had no intention of talking, but their first question was simple, almost routine. Did he need anything? Did he want anything specific? Smith’s first request was modest, to call his mother so she could hire Anne Finel, a well-known criminal defense attorney. But as they were returning him to the cell, he muttered quietly, “Tell my mom not to call Anne Finel.
They’re going to kill me anyway. There’s no point in wasting money.” By early June, Smith faced a long list of charges: first-degree murder and kidnapping. Uh he categorically pleaded not guilty to every single count. Shortly after his mother came to visit him in jail, the conversation was recorded on video. Smith admitted that he was scared of prison, fully aware of the real danger waiting for him behind bars.
to prison. I can’t go to prison my charges. Stab me to death. Don’t break me. I will be dead. So, it is either death row or the hospital. There is no prison. I don’t want I’d rather go to death row cuz I’m going to die anyway. During the conversation, Smith compared his crime to high-profile cases like the Casey Anthony case.
This is way bigger than anything. It’s way bigger than Anthony. Wait a minute. In a calmer part of the conversation, Smith started talking about death row. He explained that if he were sentenced to death, his end would be relatively peaceful. According to him, death row inmates are kept separate from the general population, which offers some protection from attacks or revenge by other prisoners in the main prison area.
Manifest itself in a million different ways, but And every year I would think, well, what am I going to do about it this year? Am I going to just go to my grave sick and hiding? And uh mother admitted that she was struggling too. constantly hounded by reporters and people, she couldn’t even sit on her own front porch in peace.
That you’re having to go through this, not being able to network, that you not being able to sit out on the back porch. This lady rain, she doesn’t have that opportunity. Her daughter is gone. No last words, no last I love you of whatever. She’s just gone. I’m not sure. Smith asked his mother to bring him the latest edition of the DSM, the guide to mental disorders.
He wanted to study it to help build a defense based on his mental health. It’s got to be there out there. As November 2017 approached, the court date was getting closer. Smith’s defense team pushed to have jurors selected in Miami instead of Jacksonville, worried that intense media coverage might affect their impartiality.
Um, but Judge Mallerie D. Cooper stood firm. She decided to try selecting jurors right there in Jacksonville first. Eventually, the jury was seated on site. On February 11th, 2008, they took their places and the trial officially began. Prosecutor Melissa Nelson painted a horrifying picture for the jurors of Cherish’s final moments.
She described how the little girl had been strangled so violently that her eyes began to bleed. Defense attorney Julie Schllock offered an alternative version of events, suggesting that Rain had consciously agreed to get in Smith’s car. It was clear the defense wasn’t disputing the fact of the murder. they were trying to soften the blow, implying that Rain might bear some partial responsibility.
One of the first witnesses was forensic pathologist Dr. Valerie R. Um she told the jury that Cherish had bruises on her chest. She then went into detail about the injuries on her legs and knees, adding chilling details that painted the full horror of what had happened. So this is her left leg. This is the knee area right here.
So you can you can orient where which part of the body you have bruising right here. She also confirmed that Smith’s DNA had been found on Cherish’s body. Doctor Valerie Raw bravely detailed all of the little girl’s injuries. But about 40 minutes into her testimony, she broke down in the courtroom, unable to hide her emotional shock.
Step by step, the prosecutor guided the jurors through all the evidence against Smith, including surveillance footage and DNA results. Unexpectedly, the defense decided to forgo a closing argument and didn’t call a single witness in Smith’s favor. The jurors then went into deliberation. Just 15 minutes later, they returned with a verdict.
Donald James Smith was found guilty of kidnapping and murdering Cherish Periwinkle. The trial then moved to the sentencing phase. The jurors had to decide whether Smith would spend the rest of his life in prison or be sentenced to death. For such a decision, complete unonymity was required. On May 1st, Smith was brought back to court. Judge Mallalerie D.
Cooper announced the harshest sentence, the death penalty. Turning to him, she said, “Donald Smith, you have not only lost the right to live among us, you have lost the right to live at all.” Two years later, Smith filed an appeal claiming the trial shouldn’t have been held in Duval County and that the jurors shouldn’t have been shown graphic photos of Cherish’s body.
His appeal was denied. He now awaits the execution of his sentence on death row. Cherish’s life was cut far too short, but her legacy lives on. She reminds us of the importance of vigilance in public spaces and the need to protect children from danger. May her memory shine as a light, urging us to make the world just a little safer and fairer so that tragedies like this remain only a terrible memory.
Friends, that wraps up our story for today. Thank you so much for being here on YouTube. Take care of yourselves and those around you. Stay safe, stay alert, stay curious. Thank you and see you next time.
