An investigation determined Hershall, who had autism and cerebral palsy and was nonverbal, likely died weeks earlier, according to Dayton police.
Officers responded to 404 Xenia Ave., where Hershall and his sister were living with their mother, Ashley Johnson, and Kendrick at least twice for wellness checks in April of this year, according to police records.
The names of everyone involved, including the children, were redacted from the calls and dispatch log, but the details match information previously reported by Dayton police or found in court records relating to Hershall’s presumed death.
Welfare checks requested on April 3 and April 4 came from staff at Ruskin after Kendrick was allegedly intoxicated when he brought the kids to school and tried to pick them up the next day.
In 911 call audio recently released to the Dayton Daily News, school staff said they called Children Services multiple times and were told to request a welfare check through the police department.
“Their guardian left them in the care of their bio mom and there’s just signs of neglect,” a staff member said on April 3, according to dispatch records. “I’ve called it into CPS multiple times and today they asked me to do a well check with the police department.”
The caller said the mom’s boyfriend was “stumbling drunk” when he dropped the children off in the morning.
“CPS said they can’t do anything about it,” the caller continued. “It’s caught up between counties because his guardian lives in Clark County. (Redacted) said that they are often without food.”
The caller also said Hershall was covered in urine when he arrived at school that day.
According to police records, an officer responded to the Xenia Avenue home on April 3, but no one was there. Children Services was contacted and police learned a case was already open, police records say.
The next day, on April 4, another staff member at Ruskin called in a wellness check.
The second caller also told dispatch they had contacted Children Services, which said they needed to request a wellness check, according to dispatch records.
“The mom seemed like she was OK today at dismissal, which is the only reason I let them leave,” the caller said. “The boyfriend tried to pick them up and he was clearly intoxicated. I wouldn’t release to him.”
They added the boyfriend argued with a security guard and principal and was “very angry” when he left.
“I wanted to make sure that nothing happens when they get home,” the caller said.
The staff member said the children’s legal guardian lives in Clark County, but the children had been staying with their mother for at least a couple of months.
When the dispatcher asked the caller if they had contacted Clark County, they 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.”
Hershall and his 11-year-old sister used to live with their grandmother, Missy Creachbaum, in Springfield. Creachbaum had been their legal guardian for years.
But Creachbaum said she moved herself and her grandkids into a home on Xenia Avenue last year with Johnson, their biological mother, and Kendrick. Creachbaum said she made this decision after her landlord did not renew her lease.
Creachbaum said she had not lived with the kids in Dayton since last fall, after she was severely injured in an automobile crash.
A Dayton police officer made contact with the family on April 4 and said the kids were OK. There was food, water and power in the house, according to police records.
An officer was dispatched on a third welfare check on June 10 after 8:30 p.m. A 911 caller hung up at the address, according to dispatch records. When dispatch called back, the person said they needed dispatch before the call disconnected again.
During a second call back, the person apologized and said they didn’t need police or medics, according to 911 records. Police said the call was canceled before officers could arrive at the home.
It’s not clear which Children Services agency had a case related to Hershall and his sister.
Reba Chenoweth, a spokesperson for Montgomery County Children Services, said, “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.”
She said Ohio law prevents Children Services from either confirming or denying if there was a case involving the family.
An assistant prosecutor in Clark County who represents the Department of Job and Family Services said his clients have no comment at this time since it is an active investigation.
Credit: Bryant Billing
Credit: Bryant Billing
An attorney hired by Hershall’s estate to conduct an independent investigation has alleged Children Services and other agencies may deserve blame for failing to protect the boy.
“As you know, his death was very tragic and preventable,” Michael Wright said at a press conference last month. “We believe that Children Services failed this child.”
He said he expects to file a wrongful death civil lawsuit in the future.
While the Montgomery County Coroner’s Office, Dayton police and the Montgomery County Prosecutor’s Office are continuing to investigate, Johnson and Kendrick have already been indicted in connection to the case.
Johnson is facing an obstructing justice charge and Kendrick was indicted on two counts of tampering with evidence and three counts of gross abuse of a corpse in Montgomery County Common Pleas Court.
During an interview with investigators in July, Johnson said Hershall died in late May while she was in the hospital, according to Dayton Municipal Court records. Kendrick was in an argument on the phone while drinking when he allegedly punched the boy in the head and struck and shoved him.
Hershall reportedly died the next day.
Kendrick told police he put Hershall’s remains in a deep freezer when they began to smell and then used a suitcase to leave the boy in a grassy field, according to an affidavit. He reportedly returned a few weeks later and collected the bones before leaving them in a plastic shopping bag on a hill at the McClure Street overpass bridge.
Kendrick helped lead investigators to where the remains were, according to court documents.
Additional charges could be filed once the investigation is completed.
Creachbaum, Hershall’s grandmother, told this news outlet that she’s upset and frustrated that employees at Ruskin school contacted Children Services with concerns about abuse or neglect, but she believes they did nothing about it.
“I think that Children Services failed him,” Creachbaum said last month.
Creachbaum was the guardian of Hershall and his sister for years until May, when Clark County Probate Court dismissed her guardianship because Creachbaum did not submit a required report. Creachbaum told this newspaper she was not aware of any paperwork issues.
Creachbaum said she struggled to walk, talk, cook and take care of herself after she suffered serious injuries in an automobile crash last fall.
But she said she is recovering and she hopes to become her granddaughter’s legal guardian once again.
Creachbaum also told this news outlet that she never saw worrying signs of problems with Kendrick or Johnson when she lived in their home. But she said apparently he secretly was a “monster.” Creachbaum also said she hopes both Kendrick and Johnson spend the rest of their lives in prison.
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