Wright said teachers and police evidently called Children Services on multiple occasions to report issues related to the care of Hershall, who had autism and cerebral palsy, and was nonverbal and used a wheelchair.
“We think this child went through hell,” Wright said. “He was abused, he was neglected. ... I think more care and more attention should have been given to him, and it just didn’t happen.”
Credit: Bryant Billing
Credit: Bryant Billing
The criminal investigation into Hershall’s reported death is still ongoing, but his mother has been charged with obstructing justice and her boyfriend, Michael Kendrick, was charged with gross abuse of a corpse and tampering with evidence. They pleaded not guilty to the charges in Montgomery County Common Pleas Court on Thursday.
Additional charges could be forthcoming.
Dayton Municipal Court records indicate that Kendrick told investigators that Hershall died a day after he struck the boy in the head and pushed him down. Hershall allegedly died weeks before Kendrick reported him missing, on July 11.
Investigators said Kendrick admitted to keeping his body in a freezer and later dumping his remains, first in a suitcase in a field and later in a wooded area on a street near his home.
Hershall’s presumed remains were found on July 12 less than a quarter mile from his home on Xenia Avenue in East Dayton, in a hilly wooded area next to a bridge on McClure Street that goes over U.S. 35, said his grandmother, Missy Creachbaum.
A Montgomery County Coroner preliminary autopsy report says the remains had an incomplete skeleton, with “scant tissue” remnants, and there was evidence of several fractures.
Wright said Hershall should not be dead. He said Children Services should have made major changes to its policies and practices after the tragic death of 10-year-old Takoda Collins in 2019.
Credit: Bryant Billing
Credit: Bryant Billing
Wright represented Takoda’s estate, after he was killed by his father, who had severely abused the boy. The estate settled a lawsuit with Montgomery County for $3.25 million. Police had been called to Takoda’s home multiple times before his death, and school employees told this news outlet that they made multiple calls to Children Services before Takoda was pulled out of school by his father.
Hershall’s grandmother told this news outlet she believes school employees at Ruskin Elementary contacted Children Services earlier this year because they had concerns about the welfare of her grandson and granddaughter. Creachbaum said she heard this secondhand from employees and parent helpers, but she also was contacted by Children Services earlier this year.
Wright said workers who were supposed to keep Hershall safe did not do their job, which led to his death. Wright said he does not know how long his investigation will take, but he intends to hold everyone accountable who failed to protect the boy and he also hopes to identify gaps in the system that did not prevent this tragedy.
“We do know that Children Services knew where he was, we do know that Children Services was called multiple times, we do know that it’s Children Services responsibility to make sure that the child was in a safe environment and in a place where he wouldn’t be murdered,” Wright said.
Wright said he expects the estate will file a wrongful death civil suit in the future. He said it’s possible his death stemmed from criminal negligence by public agencies.
“Every adult who was responsible for his care failed him every step of the way, and he shouldn’t be dead, but he his,” said attorney Robert Gresham, with Wright Schulte LLC.
Hershall lived with his grandmother for much of his life, but she moved her grandson and granddaughter into their mother’s home on Xenia Avenue a year ago. Creachbaum said she made the move after her landlord declined to renew the lease for her home in Springfield.
Months later, in November, Creachbaum was badly injured in a very serious automobile crash. She was hospitalized and then moved into a nursing home after being discharged. She didn’t live with her grandchildren after that, even though she was their legal guardian.
Creachbaum said Johnson refused to let her move back into the Xenia Avenue home with her grandchildren.
Creachbaum’s guardianship was dismissed in May after she did not file the necessary paperwork in Clark County Probate Court. Creachbaum told this news outlet she didn’t realize there was an issue with the paperwork.
Louis Zambelli, assistant prosecuting attorney in Clark County who represents Clark County Department of Job & Family Services, said his client has no comment since this is an active investigation.
Montgomery County Children Services officials say Ohio law prevents them from confirming or denying if there was a case involving the family.
“This situation is heartbreaking, and we extend our deepest sympathies to everyone affected. While this tragedy did not fall under our jurisdiction, we join the community in mourning this loss,” said Reba Chenoweth, an agency spokesperson.
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