• New documents describe murder suspect's apparent state of mind


    JACKSONVILLE, Fla. -- New documents about the death of Cherish Perrywinkle were released Friday.

    Police say Donald Smith abducted and killed Cherish in June.

    The new documents from the State Attorney's Office say Smith's apparent state of mind in the days and hours before Cherish's death. The documents say Smith drove past another family as he allegedly left a Westside Walmart. The family told police Smith yelled to them, "We're going to get cheeseburgers, follow us." 

    Action News spoke to that family Friday. They didn't want to go on camera, but told Action News it was an odd moment.

    Before that, Smith's former jail mate turned roommate says he helped him take out the back seats of his mother's white van. Smith was driving that night. Charles Shejen didn't want to conduct an interview, but told Action News, "You think you know somebody until you don't."

    After a month in jail, Smith told his mother he couldn't go to prison for fear of being raped and murdered. The documents say in a recorded jailhouse visit,  Smith told his mother he wants to be on death row, saying it would be "simple, happy and peaceful."

    The documents say he even told a police officer to tell his mom not to call a lawyer, saying "They're going to kill me anyway. There's no sense spending the money. "

    Smith was in court this week. His attorneys are asking the state to spare his life. That motion will be heard in January. His trial is set for May.

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