In a release from law firm Wright & Schulte, which represents the estate, attorneys said that there were “numerous” signs that Hershall Creachbaum, 7, was in danger in the months before his death, including 24 reports from school officials that the boy was physically abused to Children Services in both counties.
The lawsuit claims that the agencies didn’t take any action to protect the boy or investigate the reports.
Overall, the suit says the boy’s death was preventable and only happened “due to a complete lack of oversight and intervention by officials with Montgomery and Clark County.”
The death
Hershall’s mother Ashley Johnson told police that her son died in late May, according to Dayton Municipal Court records, though investigation began in earnest on July 12 when her boyfriend Michael Kendrick called 911 to say someone had snatched the boy. In a recording of the 911 call, Kendrick could be heard slurring his words and sounded inebriated.
Kendrick later admitted Hershall died weeks earlier and led investigators to the boy’s remains, dumped on a hill less than a quarter of a mile from his home, court documents said.
According to court records, investigators believe Kendrick had been drinking and got into an argument on the phone, then punched and shoved the child to the ground. Hershall died shortly after, police said.
Coroner investigative records said the boy’s skeletal remains were found in a black plastic shopping bag in a honeysuckle bush on an embankment by the McClure Street overpass bridge.
The investigation
The investigation would find that Kendrick had a long history of violence, threats and drunk abusive behavior, including allegations of him attacking his family members, as well as Johnson.
Investigators found that police had been called to their home on Xenia Avenue in recent months about the condition of Hershall and his sister.
Credit: Bryant Billing
Credit: Bryant Billing
In addition, investigators found several reports from the children’s school, including one saying that both children said they were sometimes left without food, and that Kendrick seemed intoxicated while dropping off the children.
The criminal case
A grand jury indicted Kendrick on two counts of tampering with evidence and three counts of gross abuse of a corpse in Montgomery County Common Pleas Court.
Johnson was charged with one count of obstructing justice.
Kendrick is currently in Montgomery County Jail on a $2 million bond. Johnson is also in the jail on a $250,000 bond.
