Sentenced: 'Don't Expect Me To Come Home' 10YO Boy Tells Mother; Father Arrested In His Murder

[Sugar Cookie]

Indianapolis police on Tuesday afternoon released horrific details in the death of a 10-year-old Wabash boy whose father has been arrested and charged with his murder.

Police have not yet recovered the remains of Nakota Kelly. Officers conducted a search for him on Sunday at a west-side apartment complex and in the woods near Eagle Creek.

His father, 37-year-old Anthony Dibiah, is in custody at the Macon County Jail in Missouri.

The tragedy unfolded over the weekend, according to a probable cause affidavit and social media posts from the child's mother, who said on Facebook Monday that Nakota was missing after "his dad ran with him."

According to IMPD, officers received a 911 call around 11:45 a.m. Sunday. The caller said they had received a call from Dibiah, who said he had killed his son.

Subsequently, officers went to check on the welfare of the child in a unit at an apartment complex and found a "crime scene," IMPD said.

Neither Dibiah nor his son were at the apartment.

About 4 p.m. Sunday, Missouri State Highway Patrol officers found Dibiah in his white Jeep Patriot and detained him. IMPD detectives drove to Missouri Sunday night to speak to him.

Court records say Dibiah used a plastic bag to suffocate his his 10-year-old son, and then called a relative.

“I just killed my son!” Dibiah cried Saturday during a telephone call with a distant relative from Texas, according to a probable cause affidavit filed in Marion Superior Court.

“I just killed my son! I just killed my son!”

When the relative asked why, Dibiah began talking about ongoing custody issues.

Dibiah, court records say, called another friend on Sunday and asked to borrow a suitcase.

The friend said sure. The affidavit said Dibiah then told the friend he had "killed his son."

"Anthony said he used a bag to suffocate his son until he stopped breathing," Indianapolis Metropolitan Police Department Detective Jonathan Schultz wrote in a probable cause affidavit filed in Marion Superior Court. "Anthony told (the friend) he then took his son to the bathroom to make sure he was dead and he has now dumped the body."

After receiving the second call, officers went to check on the boy's welfare and this time entered the apartment with a key from management.

Inside, court records say, they a grisly scene: blood spatter and smears covering numerous surfaces of the apartment bathroom. There was also blood in the entryway. They did not locate Nakota Kelly.

Surveillance video showed Dibiah made three trips to load something into his Jeep at 8:30 a.m. Sunday. Video also showed him dumping a bag in the complex's trash bin.

After searching the apartment, police traced Dibiah's cell phone location and found him driving through Illinois and into Missouri.

Nakota, according to the police affidavit, told his mother last week that he was afraid to go to his father's home for a weekend visit. Nakota said his dad was angry because he had hung up on him the last time they spoke.

"Oh, I’m dead. Don’t expect me to come home," Nakota told his mother, the records say. "My dad is going to kill me."

The probable cause affidavit says Nakota was involved in a case with the Indiana Department of Child Services. Dakota's mother reported the conversation to a case worker with an agency working with DCS that same day, on Tuesday July 14. According to the police affidavit, DCS confirmed with a caseworker that "she recently received and documented a complaint in her case file."

But it's unclear if any action was taken.

On Sunday, Nakota's mother again contacted the case worker after receiving a text from Dibiah at 2:01 p.m. that read, "“Sometimes I hear voices. My son is in Heaven.”

Police continue to search for Nakota's body and are asking the public for assistance.

'Don't expect me to come home.' Horrific details emerge in death of 10-year old; father arrested

Anthony Dibiah, 37, has been charged with murder in the death of 10-year-old Nakota Kelly, IMPD said.

www.indystar.com

 

[TexasDawg]

You have got to be a fucking MONSTER to kill your own kid(s).

 

[Keepalowprofile]

That is horrifying. The boy knew.

And he did more than smother him.

Inside, court records say, they a grisly scene: blood spatter and smears covering numerous surfaces of the apartment bathroom. There was also blood in the entryway. They did not locate Nakota Kelly.

That poor kid. And his mother must be devastated.
[automerge]1595367933[/automerge]

You have got to be a fucking MONSTER to kill your own kid(s).

He hated her half more than he loved his half.

 

[Blizzard]

Worthless fucker exists only as an extension of hatred and evil.

BULLET TO THE HEAD

and THIS IS FAIL WTF CPS DO YOU WORK OR SUCK DICK ALL DAY

Dakota's mother reported the conversation to a case worker with an agency working with DCS that same day, on Tuesday July 14. According to the police affidavit, DCS confirmed with a caseworker that "she recently received and documented a complaint in her case file."

But it's unclear if any action was taken

 

[king4sshole]

@Blizzard that's unimaginative, let's get grizzly with some fire ants and a speculum.

 

[Taffy]

The mom was in a custody battle with the father. She was most likely told by a family court judge if she withheld visitation she would held in contempt and the kid would be removed from her custody and placed with the father. Mom forces kid to go with dad, dead kid.

 

[Sejanus]

Chilling.
That poor kid knew.

He fucking knew!

 

[Sugar Cookie]

@Taffy

It is sad that at 1o years old a child that is able to verbalize their fears would be forced to visit a parent they are afraid of.

This monster is probably holding out on the child whereabouts to make the mother suffer and/or to get a plea deal.

 

[Sugar Cookie]

 

[Sugar Cookie]

Debbie and Phil Bogue, who became Hayley’s foster parents when she was 11, consider Nakota their grandson, confirmed the open DCS investigation to the Indy Star, saying that Hayley had complained multiple times to DCS and the court about Anthony’s abuse of Nakota.

“The court system always just didn’t have enough information,” Phil Bogue lamented. “‘There’s not enough. We have to drop the case.’’

They listed examples of Anthony’s abuse, including his failure to feed Nakota properly, ignoring his son during their scheduled visits, and worse. They said Hayley repeatedly voiced her concerns, providing evidence to back up her claims, to the court, begging for the unsupervised visits to stop, but no one listened to her.

Hayley and Anthony broke up while Hayley was pregnant with Nakota, and the Bogues said he essentially wanted nothing to do with his son until after he finished a 34 month prison sentence in 2015. He pleaded guilty in 2012 to charges of Social Security fraud, identity theft, and misuse of immigration documents to stay in the U.S

WordPress.com

WordPress.com is the best place for your personal blog or business site.

sufferthelittlechildrenblog.com

 

[caitierig]

All that over getting hung up on?! How awful for that mom. Sounds like she had a rough childhood and she had to watch her own child go through hell as well. It would be terrible to know that’s going on and not be able to stop it and no one will help. She did everything she should have done.

Are we thinking he’s nuts or just an abusive asswipe who was trying to set up his insanity defense by telling all those people?

 

[Sugar Cookie]

Probably a little of both.

 

[Sugar Cookie]

The mother of a 10-year-old Indianapolis boy who has been missing for nearly two years and feared dead is suing the child’s father and the state for wrongful death.

Hayley Kelly filed the suit Tuesday against Anthony Dibiah and the Department of Child Services.

Hayley’s son Nakota disappeared after spending a weekend visitation with his father that began July 17, 2020.

In the lawsuit, Hayley Kelly claims that she told a DCS worker on July 14 that Nakota was afraid of spending time with his father.

“Oh, I’m dead. Don’t expect me to come home,” Hayley claims Nakota told her. “My dad is going to kill me.”

The lawsuit claims that a DCS worker told Hayley Kelly the visitation must proceed because it was court-ordered.

Police in Missouri arrested Anthony Dibiah on July 19, after a witness told Indianapolis police that Dibiah had admitted using a bag to suffocate his son.

The witness also told police that Dibiah said he took his son’s body to the bathroom to make sure he was dead, and had dumped the boy’s body. Police have not yet found his body.

Hayley Kelly also claims Dibiah texted a message to her stating, “Sometimes I hear voices, my son is in heaven.”

Kelly claims in the lawsuit she had filed multiple reports with DCS about child abuse by Dibiah, beginning in 2017.

The suit alleges that DCS found those claims to be “unsubstantiated”.

Dibiah faces a charge of murder.

Mother of missing 10-year-old boy sues father, DCS for wrongful death

INDIANAPOLIS (WISH) — The mother of a 10-year-old Indianapolis boy who has been missing for nearly two years and feared dead is suing the child’s father and the state for wrongful death. Hayley Kelly filed the suit Tuesday against Anthony Dibiah and the Department of Child Services. Hayley’s son...

www.wishtv.com

 

[Sugar Cookie]

There's a video saved on Hayley Kelly's cellphone of her son, Nakota Kelly, that she loves. He is 9-years-old and vibrant with the energy of a child. He raps into a play microphone for nearly a minute, never stumbling his flow.

Kelly watches the video, which was recorded September 2019, every day.

She watched it after learning that Nakota had been killed at the age of 10 in July 2020.

And she watched it nearly two years later, when she filed a lawsuit in Marion Superior Court alleging that the state of Indiana played a role in the negligence and wrongful death of her child.

"I think if they just listened to Nakota, they would have been able to stop it," Kelly said during a Wednesday news conference. She trembled as she spoke.

She and her attorney, Robert Turner, said there were enough red flags reported by Kelly to DCS to at least ensure that Nakota's court-ordered visitations with his father were supervised by another adult.

Supervised visitations take place when there is reason to believe a child is at risk of physical or emotional harm, according to the department's child welfare policy.

DCS declined to comment for this story. (Of Course they did)

Police said in written testimony provided to the courts that Dibiah told a friend he suffocated his 10-year-old son with a bag. When officers visited Dibiah's residence on July 19, 2020, they said they found blood, brain matter and black curly hair in the bathroom.

Nakota's body has not been found, Kelly said.

Among the red flags leading up to his disappearance: an alarming conversation she had with her son the week of his final visitation with his father.

“Oh, I’m dead. Don’t expect me to come home," Nakota told his mother around July 14, 2020, according to Kelly's lawsuit. “My dad is going to kill me."

She said she complained to DCS the day Nakota made those remarks. "I was scared," she said.


DCS told her the weekend visitation had to go forward because it was court-ordered, according to her lawsuit.

It capped a long string of violent behavior authorities were made aware of, according to Kelly and her attorney.

In 2017, Nakota was kicked in the shin for spilling a glass of milk, Kelly said during the Wednesday news conference. His head also was allegedly pushed into a plate of spinach after he wouldn't eat the greens.

In March 2018, Kelly said, her son was pulled down a flight of steps.

All of the past incidents she described during the Wednesday news conference were flagged to the department prior to Nakota's death, she said.

The lawsuit says Kelly "has made multiple child abuse complaints to DCS over the past few years without receiving any meaningful response or assistance."

When she complained about the attack over spinach in 2017, DCS performed a home inspection. The department noted that Dibiah "had no substantiated history, no criminal history, no diagnosis, no domestic violence, no drug or alcohol use," according to the lawsuit.

Dibiah pleaded guilty to three federal fraud charges in the U.S. District Court for the Southern District of Indiana in 2012. They include misuse of a document evidencing lawful stay in the United States, false use of a social security number and aggravated identity theft. He was sentenced to 34 months imprisonment.

Kelly's lawsuit says Dibiah told DCS he didn't put his hands on Nakota. He claimed he would verbally discipline him, and that "this is all about the mother not getting her way in terms of visitation and child support."

Allegations of physical abuse went unsubstantiated by DCS. The department said that the child was free from marks and bruises.

https://www.indystar.com/story/news/local/marion-county/2022/04/06/hayley-kelly-says-dcs-could-have-prevented-her-son-nakota-kelly-death-anthony-dibia

 

[Hermy]

Nakota had more brains and insight the day he was born than all these judges and DCS workers will ever have if they live to be 150.

 

[Sugar Cookie]

https://www.indystar.com/story/news/local/marion-county/2022/04/06/hayley-kelly-says-dcs-could-have-prevented-her-son-nakota-kelly-death-anthony-dibia

DCS told her the weekend visitation had to go forward because it was court-ordered, according to her lawsuit.

Nakota was old enough to voice his wants and desires. If he told the worker he did not want to visit with his father the visits should have been halted.

I blame the DCS worker who could have spoke to the child and changed the visit to supervised. Did the child have a law guardian, it would be helpful to know since they also would advocate for the child in the court procedures as well.

I hope the mother knows she is not at fault because I am sure she was told she could lose custody or get in trouble if she did not send her son to the father.

 

[Satanica]

We were provided with a lawyer, and she was extremely helpful in negotiating the legal aspects of fostering and adoption, because we were clueless.

 

[Sugar Cookie]

Nakota

 

[Sugar Cookie]

Nakota

 

[Sugar Cookie]

Anthony Dibiah is expected to plead guilty but mentally ill on Friday to the murder of his 10-year-old son Nakota Kelly, court records show.

But what does "guilty but mentally ill" actually mean?

"It means that although the person had a mental illness, he was still able to basically understand what he or she was doing," Indianapolis attorney Jack Crawford said. "It's a step below not guilty by reason of insanity."

On Friday, Anthony Dibiah is scheduled to be the latest defendant in Marion County to plead guilty but mentally ill.

Dibiah signed a plea deal, records show, that requires he admit to killing his son Nakota Kelly in Indianapolis during a court-ordered weekend visit in July 2020.

The plea deal filed Monday won't be official until it is accepted by a judge, which might happen at Friday's hearing.

If Judge Shatrese M. Flowers accepts the agreement, Dibiah faces a maximum of 55 years in prison.

Father pleading guilty but mentally ill in Nakota Kelly's death. Here's what that means in Indiana.

Guilty but mentally ill gives juries an alternative to not guilty by reason of insanity, according to a man who pushed lawmakers to adopt the law more than 40 years ago.

www.wrtv.com

 

[Sugar Cookie]

An Indiana man is going to prison for over 50 years after police say he killed and dismembered his son, news outlets reported.

“Oh, I’m dead. Don’t expect me to come home,” were some of the last words 10-year-old Nakota Kelly said before he visited his dad, who later admitted to killing him, according to WXIN.

Anthony Dibiah pleaded guilty but mentally ill for the 2020 death of Nakota, according to WTHR.

As part of a plea deal, Dibiah admitted to killing Nakota by suffocating him and then dismembering his body, WXIN reported.

However, Nakota’s mom, Hayley Kelly, hasn’t gotten the closure of knowing where her son’s body is, according to WTHR.

“If he had remorse, he would tell me where my son is,” Kelly said, according to the outlet.

On Wednesday, Oct. 25, Dibiah was sentenced to 52 years in prison, according to WXIN.
Kelly has also filed a lawsuit against the Indiana Department of Child Services. Nakota’s remains have not been found as of Oct. 26.

https://www.miamiherald.com/news/nation-world/national/article281039823.html