As officers continued to investigate his disappearance, they determined Hershall had been missing for weeks.
The boy’s mother, Ashley Johnson admitted Hershall died sometime in May while she was in the hospital, according to Dayton Municipal Court records.
Her boyfriend, Michael Kendrick, allegedly punched and struck Hershall when he was drinking and got into an argument on the phone.
Kendrick claimed Hershall died the next day in the shower, according to court records.
A grand jury indicted Johnson on one count of obstructing justice and Kendrick on two counts of tampering with evidence and three counts of gross abuse of a corpse.
The report was released by the Ohio Department of Children and Youth Services.
Montgomery County Administrator Michael Colbert. said the proper agency was immediately notified for every report it received.
“Our hearts continue to go out to the family and loved ones of Hershall Creachbaum,” Colbert said. “We remain committed to protecting the safety and well-being of children in our community, and we value the role independent reviews play in strengthening the systems meant to protect them.”
Hershall’s estate filed a lawsuit in October claiming Montgomery County and Clark County officials and agencies were negligent in the boy’s death.
The complaint alleges staff at Ruskin Elementary School reported signs of physical abuse to Montgomery County Children Services and Clark County Children Services 24 times but neither agency took action to investigate the claims or to protect Hershall.
It is not clear if the Ohio Department of Children and Youth Services reviewed Clark County Children Services’ actions.
Ruskin school staff called for welfare checks on April 3 and April 4 after Kendrick reportedly came to the school intoxicated, according to Montgomery County Regional Dispatch records.
One staff member told a dispatcher Hershall’s grandmother was his legal guardian and lived in Clark County, but he had been staying with his mother for a couple of months.
When asked if they had reached out to Clark County, the staff member said they called multiple times.
“They said they couldn’t do anything unless we got a wellness check,” the caller said. “I tried to keep reporting and reporting, and they won’t help us.”
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