Wynter Smith Kidnapping and Murder

**ABetterDetroit** · July-07-23, 08:13 AM

If a 2 year old girl getting killed by a violent convicted felon POS doesn’t motivate people to keep the violent convicted felons behind bars for a long time I do not know what will. The system failed. May this child have the piece that she was denied here on earth.

**mkd** · July-07-23, 08:31 AM

Article detailing his many run-ins here

**stasu1213** · July-07-23, 01:14 PM

How did this person ever get released the first time? Many criminals whom had done heinous crimes were once convicted of doing another heinous crime but somehow get released early from prison. This monster should not see the light of day and was a menace walking the street. The police and FBI had traced his coming and goings I wonder why they didnt trace him making a stop in the area where the body was found.

**Henry Whalley** · July-07-23, 02:53 PM

Originally Posted by stasu1213

...This monster should not see the light of day and was a menace walking the street.

Or he could be a GOP presidential candidate.

**ABetterDetroit** · July-07-23, 03:49 PM

Originally Posted by Henry Whalley

Or he could be a GOP presidential candidate.

It takes a complete lack of empathy for this little girl to see this as an opportunity to inject the usual political BS humor into this most heinous crime that happened in our metro.

**Henry Whalley** · July-07-23, 10:04 PM

Originally Posted by ABetterDetroit

It takes a complete lack of empathy for this little girl to see this as an opportunity to inject the usual political BS humor into this most heinous crime that happened in our metro.

I'm not a person who lacks empathy. Guess I'm just sick and tired of hearing about all the evil in the world. It's been the same since Cain and Abel. A person murders and then is punished. Does any of our science provide a way to predict such things? I wish it did.

**Honky Tonk** · July-08-23, 04:37 AM

Originally Posted by stasu1213

How did this person ever get released the first time? Many criminals whom had done heinous crimes were once convicted of doing another heinous crime but somehow get released early from prison.

He was dealing with a libtard judicial system that kept slapping his wrists and telling him "now stop that".

**stasu1213** · July-08-23, 07:38 AM

Originally Posted by Honky Tonk

He was dealing with a libtard judicial system that kept slapping his wrists and telling him "now stop that".

Chicago canceled it's cash bond system January 1st of this year putting criminals back onto the streets after being arrested. I am wondering had Michigan done the same thing or something similar allowing this monster back onto the street resulting in this little girl's death. Why wasn't first degree murder was included in the charges brought against this monster?

**softailrider** · July-08-23, 08:16 AM

Originally Posted by stasu1213

Chicago canceled it's cash bond system January 1st of this year putting criminals back onto the streets after being arrested. I am wondering had Michigan done the same thing or something similar allowing this monster back onto the street resulting in this little girl's death. Why wasn't first degree murder was included in the charges brought against this monster?

I think they're going to bring up federal charges against him. I'm sure they'll ask for the death penalty.

**Richard** · July-08-23, 10:17 AM

They have not charged with kidnapping yet - if they do 20 years to life in that charge alone,but in order to charge him federally he would have had to cross state lines.

The domestic comes into play verses just randomly kidnapping a stranger.

Lots of sources are saying he could be charged federally but as sick as it all is he does not meet the criteria for a federal charge of kidnapping.

At least he is currently being held without bond.

Thats the problem with justice reform,like I said before,nothing is ever implemented on middle ground,it has always been from one extreme to the next.

**Richard** · July-08-23, 10:20 AM

Originally Posted by stasu1213

How did this person ever get released the first time? Many criminals whom had done heinous crimes were once convicted of doing another heinous crime but somehow get released early from prison. This monster should not see the light of day and was a menace walking the street. The police and FBI had traced his coming and goings I wonder why they didnt trace him making a stop in the area where the body was found.

Apparently that’s how they found her,tracing cell phone pings.

The different charges he is being held on levied by Ingam and macomb only relate to what he did to the mother,her car he stole and the interactions with LEO afterwards,they have to figure out how to prove the rest or think they can before charging.

**Honky Tonk** · July-08-23, 10:22 AM

Originally Posted by stasu1213

Chicago canceled it's cash bond system January 1st of this year putting criminals back onto the streets after being arrested. I am wondering had Michigan done the same thing or something similar allowing this monster back onto the street resulting in this little girl's death. Why wasn't first degree murder was included in the charges brought against this monster?

Maybe they're still putting a case together for 1st degree? You don't want this guy set free on a technicality. I read his rapsheet. It's quite long and he kept getting wrist slaps for 2nd, 3rd, and 4th offenses. Maybe he knows someone? I feel sorry for the mother and the 2 year old.

**Danny** · July-08-23, 11:36 AM

That thug who killed Wynter Smith may get the death penalty under the Feds.

**stasu1213** · July-08-23, 01:24 PM

Originally Posted by Honky Tonk

Maybe they're still putting a case together for 1st degree? You don't want this guy set free on a technicality. I read his rapsheet. It's quite long and he kept getting wrist slaps for 2nd, 3rd, and 4th offenses. Maybe he knows someone? I feel sorry for the mother and the 2 year old.

Maybe he knows someone or he know how to beat the system. Cadabra dogs should be used to sniff out the seats to determine at what point the baby was murdered. Make sure that 1st degree charges could stick

**Henry Whalley** · July-08-23, 02:13 PM

Originally Posted by Honky Tonk

It's quite long and he kept getting wrist slaps for 2nd, 3rd, and 4th offenses. Maybe he knows someone? I feel sorry for the mother and the 2 year old.

Everyone feels sorry. The U.S. should have a penal colony because our prisons are full, and our criminal justice system is swamped. As it is infested with criminal elements anyway, Florida could be our penal colony. Move the retirees to a nicer state, put an ankle bracelet on Maralago Mussolini, and send all anti-social personality-disordered types there.

Sorry, ABetterDetroit, I'm not doing any virtue-signaling today.

**jcole** · July-08-23, 05:38 PM

Here are the charges they want to file Name: Screenshot 2023-07-08 183737.jpg
Views: 288
Size: 36.8 KB

**Richard** · July-08-23, 06:27 PM

I am thinking the reason he walked so many time before is because he is under witness protection or working with the feds.

In that indictment he is charged with a federal kidnapping charge,but he does not fall into the category of a federal crime because he did not take her across state lines.

This is the federal guidelines

https://www.law.cornell.edu/uscode/text/18/1201

This is the State of Michigan kidnapping Statute.

Michigan Penal Code, Section 750.349

Two different things.

Remember the whole kidnapping attempt of the governor thing.

The FBI was never involved,they were but the defendants were charged under the State of Michigan statute and not under the federal statute.

Based on what has been provided so far,I am wondering why would they charge him under federal kidnapping statutes,when he does not meet the criteria and they will not be able to make it stick unless he is working for the feds and they are trying to put it into their jurisdiction so they can protect him.

One would certainly hope not but it would not be uncommon,something fishy happening here.

**ABetterDetroit** · July-08-23, 07:10 PM

Originally Posted by Richard

I am thinking the reason he walked so many time before is because he is under witness protection or working with the feds.

In that indictment he is charged with a federal kidnapping charge,but he does not fall into the category of a federal crime because he did not take her across state lines.

This is the federal guidelines

https://www.law.cornell.edu/uscode/text/18/1201

This is the State of Michigan kidnapping Statute.

Michigan Penal Code, Section 750.349

Two different things.

Remember the whole kidnapping attempt of the governor thing.

The FBI was never involved,they were but the defendants were charged under the State of Michigan statute and not under the federal statute.

Based on what has been provided so far,I am wondering why would they charge him under federal kidnapping statutes,when he does not meet the criteria and they will not be able to make it stick unless he is working for the feds and they are trying to put it into their jurisdiction so they can protect him.

One would certainly hope not but it would not be uncommon,something fishy happening here.

Or… Dick could be just making more crazy crap up. Like this:

“Just like the whole Remember the whole kidnapping attempt of the governor thing.The FBI was never involved,they were but the defendants were charged under the State of Michigan statute and not under the federal statute.”

He couldn’t be more factually incorrect if one tried.

**Henry Whalley** · July-08-23, 07:10 PM

Rebuttable Presumption

A particular rule of law that may be inferred from the existence of a given set of facts and that is conclusive absent contrary evidence.

**Richard** · July-08-23, 07:24 PM

Originally Posted by ABetterDetroit

Or… Dick could be just making more crazy crap up. Like this:

“Just like the whole Remember the whole kidnapping attempt of the governor thing.The FBI was never involved,they were but the defendants were charged under the State of Michigan statute and not under the federal statute.”

He couldn’t be more factually incorrect if one tried.

I posted the links and the other case history is out there in public domain to fact check.

Leave it to you to look for a way to justify scum because I mentioned the governor,the other possibility is your mindset is the reason he was on the streets able to commit more crimes and take a little girls life.

If you are wanting to go down that road,that would be me responding not fact based unlike what I did previously.

Your politics trumped a little girls life. Happy now?

They could not charge the defendants federally on kidnapping or conspiracy to kidnap because their intentions were always to take her to a cabin and not cross state lines.

Get your mind straight,you cannot condem or condone actions based on your personal politics.

you went straight from condemning to ignoring posted facts so you could support a scumbag because it fit your political narrative.

Post your facts that disprove what I posted - you did not because you cannot so you chose the personal attack route because that was all you had.

Pretty sad state of affairs considering what happened,you must be proud of yourself.

**Jimaz** · July-08-23, 07:28 PM

New federal charges filed against man accused of kidnapping Wynter Cole-Smith mean he could face the death penalty

...Speaking live with WWJ's Brooke Allen and Tony Ortiz, Former U.S. Attorney for the Eastern District, Matthew Schneider explained why this would be a federal case.

"Most of the time a kidnapping case is a state case, and so is a murder case. But here the federal government is alleging that there are some connections to interstate commerce," Schneider said.

"In other words, there's something that brings in federal jurisdiction...and what they're saying is a few things: They're saying, number one, that the vehicle which that kidnapper was driving, that was actually made in Canada, and it was an instrumentality of interstate commerce; and the defendant got into this car and drove to Detroit in that car. They're also saying that he drove on an interstate highway, which was highway 96, I-96, and that is an connection to interstate commerce...Not necessarily rock solid theories, but then again this is just the beginning of the case. This is only the complaint."...

So if you intend to commit a crime but want to keep the feds out of it, do it while driving a domestically-produced car and don't drive, even locally, on any interstates?

**ABetterDetroit** · July-08-23, 07:41 PM

Just can’t argue with the really stupid Dick.

https://www.justice.gov/usao-wdmi/pr/2022_1227_Adam_Fox

**Richard** · July-08-23, 07:44 PM

Originally Posted by Jimaz

New federal charges filed against man accused of kidnapping Wynter Cole-Smith mean he could face the death penalty

So if you intend to commit a crime but want to keep the feds out of it, do it while driving a domestically-produced car and don't drive, even locally, on any interstates?

When you look at all the other charges based on what he did to the mother and actions after that out of the other 2 counties along with the murder charges,he is already life in prison.

Why are they risking the federal charges with the possibility of being over turned when they had a slam dunk with state charges.

Either they are protecting the guy or they are using this case in order to test the boundaries of future cases which makes that little girl potentially a causality of justice.

So if you have a bag of weed or even one seed or joint,while driving your BMW on the interstate they can federally charge you with interstate trafficking.

This is scary almost as if they are looking for ways to turn local justice over to a federal authority so in the future unless they can federally charge you with something,no need for city jails which is already happening in other cities with no cash bond,rob a 7-11 and get caught they give you a ticket and not arrested by the time it is all over with in the near future.

They did that in New Orleans after hurricane Katrina,basically turned law enforcement over to the feds,so everybody was charged under federal guidelines,the local police were pretty much just mall cops.

People think justice is not good in the hood now,get pulled over for weed and it is federal because federally it is not recognized as legal.

There is enough to put this guy away for life on the state level,going down the road of turning your crime problem over to the feds control,you are not going to like the results,because like you are here they can find a way to make everything a federal issue.

Welcome to the federal police force where in the future the federal government will be tasked with policing and not local jurisdiction.

The cause and effect of justice reform.

**Richard** · July-08-23, 08:03 PM

Originally Posted by ABetterDetroit

Just can’t argue with the really stupid Dick.

https://www.justice.gov/usao-wdmi/pr/2022_1227_Adam_Fox

Maybe quit trying to argue with an inate object and read the full case history,that case went fed over domestic terrorism charges,the conspiracy to kidnap was a state charge that went federal because of the domestic terrorism charges and some of the defendants were from out of state and much like the current charges used the interstate to go to Michigan to create the crime.

That case was a federal domestic terrorism case and not a kidnapping case as the basis.

If you notice they or the one guy will serve less time under the domestic terrorism charge then he would have under the conspiracy to kidnap charge,the rest got short terms under the same circumstances,less then they would have received under a conspiracy to kidnap.

**Henry Whalley** · July-09-23, 04:14 AM

Originally Posted by Henry Whalley

Rebuttable Presumption

A particular rule of law that may be inferred from the existence of a given set of facts and that is conclusive absent contrary evidence.

Apparently, all these self-proclaimed experts on the federal kidnapping statute can't comprehend the plain meaning of subsection [b]

18 U.S. Code § 1201 - Kidnapping

[b] With respect to subsection [a] [1], above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnapped, abducted, or carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce.