IN NAKOTA KELLY: Missing from Indianapolis, IN - 19 July 2020 - Age 10 GUILTY PLEA

Looking4you · Sep 22, 2021

Kimster said:
Yes, you’re missing the ridiculous laws regarding search and seizure. A local deputy here told me that the law in Oregon is so thick and detailed and grueling, that most deputies haven’t read most of it and those that have aren’t sure how to interpret it. With so much negative press regarding police officers, they’re even more hesitant to act.

Well I am getting SO darn frustrated with all these laws that tiptoe around these murderers and their “feelings” (who of these has feelings anyway?!) and rights. In the process our country is rapidly declining as the population inflates with massive amounts of people who believe they are owed EVERYTHING...so involved in self - their own wants, needs, desires, appearance, jobs, lives… hypersensitivity…ok, my thoughts are all over the place with this train of thought (steam coming out my ears now, lol), so I’ll zip it now.

SheWhoMustNotBeNamed · Apr 5, 2022

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

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

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.

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.

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.

His trial in Marion County is currently set for May.

GrandmaBear · Apr 5, 2022

SheWhoMustNotBeNamed said:
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

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

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.

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.

His trial in Marion County is currently set for May.

This was imo so egregious. The mother tried on behalf of her son and HOW does a child feel who as much as says dad is going to kill me and NO ADULT OR SYSTEM can stop it and instead SENDS HIM TO HIS DEATH. Like children who get brave enough to share abuse or sexual abuse with a teacher or parent or social worker and THEN the court or system sends them right back home where the abuser knows what they said...

So many cases lately that are really getting notice of the problems... If you haven't, read the link @daisy7 posted in post #84 in the Cassie Carlson case. I provide the thread for Cassie below. It relates to courts, child custody and more, not quite the same as this case at all but core problems in both. It is well worth the read, although somewhat lengthy. There are so many cases right now really I think making some waves finally (maybe...? can we hope) to do with DV, child custody, courts, CPS, etc. and women and children... Petito would be another... Seriously, the system needs work and when it comes to women and children honestly I'm not so sure how far it has come, I feel it has slid backwards...

Another case that comes to mind is Thomas Valva, one that doesn't and didn't get near the attention it deserves. His mother tried EVERYTHING to not have her boys be sent to their dad's and his fiance's and the system and tons of people in it and failed Thomas. NYC.

FL - CASSIE CARLI: Missing from Navarre Beach, FL - 27 March 2022 - Age 37 Found Deceased

Investigators from multiple counties are looking into a missing persons case involving a Navarre woman, Cassi Carli, and her daughter, Saylor. Carli’s father reported them missing yesterday after they failed to show up as expected Sunday evening for a child custody exchange at Juana’s Pagodas...

www.crimewatchers.net

SheWhoMustNotBeNamed · Apr 13, 2022

Dad accused of killing Nakota Kelly claims police search was illegal, wants evidence suppressed

Anthony Dibiah faces a murder charge for killing his son Nakota Kelly nearly two years ago. His lawyer on Wednesday said that blood, hair, brain matter and other evidence stemming from a warrantless search should be suppressed.

www.wrtv.com

Dad accused of killing Nakota Kelly claims police search was illegal, wants evidence suppressed

The man accused of killing his son Nakota Kelly nearly two years ago asked a judge to throw out evidence linking him to the boy's death that was found when officers searched his apartment without a warrant.

During a hearing Wednesday in Marion Superior Court, defense attorney Brian K. Lamar asked Magistrate James Kevin Snyder to suppress evidence found in Dibiah's apartment, including hair, blood smears and brain matter. Officers, Lamar argued, should have obtained a search warrant before entering the home.

Deputy Prosecutor Michelle Sharpe argued the "exigent circumstances" gave officers the legal authority to enter the apartment and check on the boy's welfare.

Prosecutors argue the law allows police to enter private property when they have reason to believe a person's life might be in danger. In this case, officers got the keys to the apartment after two witnesses told police that Dibiah had called them and confessed to killing his son.

"I'm thinking there's possibly a dead child in the apartment or an injured child who we need to check on," said Nike, who now works as an officer with the Butler University Police Department.

Attorneys have until May 4 to provide written arguments to the court. The ruling on whether the evidence will be suppressed could be announced during a May 11 pretrial hearing.

Dibiah's trial is scheduled for May 23, but Lamar said Wednesday he might be seeking a delay.

SheWhoMustNotBeNamed · Jul 6, 2022

Judge denies attempt to toss out evidence in Nakota Kelly murder

INDIANAPOLIS — A claim that officers with the Indianapolis Metropolitan Police Department had no right to enter the apartment of 10-year-old Nakota Kelly’s father has been denied. Attor…

fox59.com

Judge denies attempt to toss out evidence in Nakota Kelly murder

A claim that officers with the Indianapolis Metropolitan Police Department had no right to enter the apartment of 10-year-old Nakota Kelly’s father has been denied.

In his decision issued Friday, Marion Superior Magistrate Judge James Snyder said police did not violate Dibiah’s rights.

Snyder wrote that when police were unable to confirm or refute the original information, officers were left “with two separate, identified callers who had no knowledge of the other, stating that a child had been murdered.”

“This entry was intended to save a potential child fatality and was objectively reasonable for that limited purpose, given the information known to officers at the time of entry,” Snyder stated. “Therefore, exigent circumstances existed to enter the apartment and did not violate the Fourth Amendment.”

His decision further states that officers were in the apartment only for two to three minutes, before backing out and contacting a detective, then later obtaining a search warrant.

During those few minutes, officers searched only in areas where a 10-year-old child could be located.

In response to the limited scope of that initial search, the judge said, “Had officers here chosen to root through areas where a child could not have been found – for instance, drawers or cabinets – the degree of intrusion would be much higher.”

A jury trial against Dibiah is scheduled for September.

Summer_Breeze · Dec 10, 2022

Trial postponed again.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

01/09/2023

Jury Trial
Session:
11/23/2020 9:00 AM, Rescheduled
Session:
02/01/2021 9:00 AM, Rescheduled
Session:
05/17/2021 9:00 AM, Rescheduled
Session:
09/20/2021 9:00 AM, Rescheduled
Session:
11/15/2021 9:00 AM, Rescheduled
Session:
01/24/2022 9:00 AM, Rescheduled
Session:
03/21/2022 9:00 AM, Rescheduled
Session:
05/23/2022 9:00 AM, Rescheduled
Session:
07/11/2022 9:00 AM, Rescheduled
Session:
09/26/2022 9:00 AM, Rescheduled
Session:
11/14/2022 9:00 AM, Rescheduled
Session:
01/09/2023 9:00 AM, Judicial Officer: Flowers, Shatrese M

Mel70 · Dec 10, 2022

Summer_Breeze said:
Trial postponed again.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

01/09/2023 Jury Trial
Session:
11/23/2020 9:00 AM, Rescheduled
Session:
02/01/2021 9:00 AM, Rescheduled
Session:
05/17/2021 9:00 AM, Rescheduled
Session:
09/20/2021 9:00 AM, Rescheduled
Session:
11/15/2021 9:00 AM, Rescheduled
Session:
01/24/2022 9:00 AM, Rescheduled
Session:
03/21/2022 9:00 AM, Rescheduled
Session:
05/23/2022 9:00 AM, Rescheduled
Session:
07/11/2022 9:00 AM, Rescheduled
Session:
09/26/2022 9:00 AM, Rescheduled
Session:
11/14/2022 9:00 AM, Rescheduled
Session:
01/09/2023 9:00 AM, Judicial Officer: Flowers, Shatrese M

That's ridiculous. Over 2 years of delays. Come on.

Summer_Breeze · Jan 11, 2023

Summer_Breeze said:
Trial postponed again.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

01/09/2023 Jury Trial
Session:
11/23/2020 9:00 AM, Rescheduled
Session:
02/01/2021 9:00 AM, Rescheduled
Session:
05/17/2021 9:00 AM, Rescheduled
Session:
09/20/2021 9:00 AM, Rescheduled
Session:
11/15/2021 9:00 AM, Rescheduled
Session:
01/24/2022 9:00 AM, Rescheduled
Session:
03/21/2022 9:00 AM, Rescheduled
Session:
05/23/2022 9:00 AM, Rescheduled
Session:
07/11/2022 9:00 AM, Rescheduled
Session:
09/26/2022 9:00 AM, Rescheduled
Session:
11/14/2022 9:00 AM, Rescheduled
Session:
01/09/2023 9:00 AM, Judicial Officer: Flowers, Shatrese M

and again rescheduled to March 6

Summer_Breeze · Mar 7, 2023

https://public.courts.in.gov/

Rescheduled again to 5/22/2023

Summer_Breeze · Jun 10, 2023

Jury trial is re-scheduled for 7/31/2023

Summer_Breeze · Aug 21, 2023

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

Trial rescheduled to 10/2/2023

GrandmaBear · Aug 21, 2023

Just look back at the last several posts, every single one almost without fail is a delay. Over and over and over again.

It's so out of hand there isn't even a word for how ridiculous it all is or how outrageous.

Summer_Breeze · Sep 30, 2023

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

Summer_Breeze · Sep 30, 2023

Indy father pleads guilty but mentally ill in court for murdering his 10-year-old son

UPDATE (10/25/23): Dibiah was sentenced to 52 years after pleading guilty to murder at the Indiana Department of Corrections. He was given a jail credit of 1,180 days and 394 good time credit days.…

fox59.com

by: Jesse Wells
Posted: Sep 29, 2023 / 02:33 PM EDT
Updated: Sep 29, 2023 / 04:30 PM EDT

INDIANAPOLIS — An Indianapolis man went to court and pleaded guilty but mentally ill after murdering his 10-year-old son.

During a change of plea hearing, 40-year-old Anthony Dibiah answered a series of yes or no questions and admitted in court to killing his own son.

As part of the plea agreement, the accused killer could be sentenced to between 45 and 55 years. The deal comes as a relief to the victim’s mother.

“I feel like it’s come to an end, which I’m glad,” Hayley Kelly said.

Kelly has waited for justice for her son, 10-year-old Nakota Kelly, for more than 3 years. During that time, the murder trial had been rescheduled more than a dozen times.

“It just felt like it was going to keep going on and on and on,” Kelly said.

According to IMPD, officers were dispatched on July 19, 2020, around 11:45 a.m. for a welfare check of a child at the 6000 Block of West Lake South Drive. A caller told police that he had received a call from Anthony Dibiah in which Dibiah said he’d killed his son and disposed of the boy’s body.

According to court documents, Dibiah called at least two people and told them he’d killed his son.

“I just killed my son,” Dibiah said, according to a relative who told police that Dibiah repeated the phrase multiple times. Dibiah was crying during the call.

A probable cause affidavit stated investigators found what appeared to be “blood spatter, blood smears and brain matter” in the apartment’s bathroom. They also found a small amount of blood in the apartment’s entrance.

According to court records, just days before the murder, Nakota predicted he would be killed by his father during a court-ordered weekend visit because he said his dad was angry with him.

When Hayley told the boy he was going to see his father, the boy said, “Oh, I’m dead. Don’t expect me to come home.” The boy added Dibiah was angry with him because the boy hung up during a phone call.

Dibiah was eventually located in Missouri and then charged with murder on July 20, 2020. He reportedly declined to provide a statement during an interview with detectives.

By pleading guilty but mentally ill, Dibiah will be sent to prison just like any other guilty plea. The only difference is the judge could recommend he receive some mental health treatment, but he won’t be forgiven for his crime.

“He took my son away, and there’s no forgiveness on that,” said Kelly. “He’ll get 55 years in prison maybe, but it’ll never bring my son back.”

Despite extensive search efforts along Eagle Creek and elsewhere in the summer of 2020, Nakota’s body was never recovered.

“It’s been hard, and he still hasn’t said where the body is,” Kelly said. “I’m still hoping that he talks.”

That’s why Hayley has one question in mind when she sees the suspect in court at his sentencing.

GrandmaBear · Sep 30, 2023

Summer_Breeze said:
Indy father pleads guilty but mentally ill in court for murdering his 10-year-old son

UPDATE (10/25/23): Dibiah was sentenced to 52 years after pleading guilty to murder at the Indiana Department of Corrections. He was given a jail credit of 1,180 days and 394 good time credit days.…

fox59.com

by: Jesse Wells
Posted: Sep 29, 2023 / 02:33 PM EDT
Updated: Sep 29, 2023 / 04:30 PM EDT

INDIANAPOLIS — An Indianapolis man went to court and pleaded guilty but mentally ill after murdering his 10-year-old son.

During a change of plea hearing, 40-year-old Anthony Dibiah answered a series of yes or no questions and admitted in court to killing his own son.

As part of the plea agreement, the accused killer could be sentenced to between 45 and 55 years. The deal comes as a relief to the victim’s mother.

“I feel like it’s come to an end, which I’m glad,” Hayley Kelly said.

Kelly has waited for justice for her son, 10-year-old Nakota Kelly, for more than 3 years. During that time, the murder trial had been rescheduled more than a dozen times.

“It just felt like it was going to keep going on and on and on,” Kelly said.

According to IMPD, officers were dispatched on July 19, 2020, around 11:45 a.m. for a welfare check of a child at the 6000 Block of West Lake South Drive. A caller told police that he had received a call from Anthony Dibiah in which Dibiah said he’d killed his son and disposed of the boy’s body.

According to court documents, Dibiah called at least two people and told them he’d killed his son.

“I just killed my son,” Dibiah said, according to a relative who told police that Dibiah repeated the phrase multiple times. Dibiah was crying during the call.

A probable cause affidavit stated investigators found what appeared to be “blood spatter, blood smears and brain matter” in the apartment’s bathroom. They also found a small amount of blood in the apartment’s entrance.

According to court records, just days before the murder, Nakota predicted he would be killed by his father during a court-ordered weekend visit because he said his dad was angry with him.

When Hayley told the boy he was going to see his father, the boy said, “Oh, I’m dead. Don’t expect me to come home.” The boy added Dibiah was angry with him because the boy hung up during a phone call.

Dibiah was eventually located in Missouri and then charged with murder on July 20, 2020. He reportedly declined to provide a statement during an interview with detectives.

By pleading guilty but mentally ill, Dibiah will be sent to prison just like any other guilty plea. The only difference is the judge could recommend he receive some mental health treatment, but he won’t be forgiven for his crime.

“He took my son away, and there’s no forgiveness on that,” said Kelly. “He’ll get 55 years in prison maybe, but it’ll never bring my son back.”

Despite extensive search efforts along Eagle Creek and elsewhere in the summer of 2020, Nakota’s body was never recovered.

“It’s been hard, and he still hasn’t said where the body is,” Kelly said. “I’m still hoping that he talks.”

That’s why Hayley has one question in mind when she sees the suspect in court at his sentencing.

ANY PLEA DEAL should be dependent on the body location and actual recovery of the body!!!!!

SheWhoMustNotBeNamed · Oct 27, 2023

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

Dad killed and dismembered 10-year-old son but won’t say where remains are, cops say

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

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.

Summer_Breeze · Oct 27, 2023

This poor boy. Breaks my heart.

Mel70 · Oct 28, 2023

GrandmaBear said:
ANY PLEA DEAL should be dependent on the body location and actual recovery of the body!!!!!

That’s EXACTLY what I say! Right on sister! :peace:

Mel70 · Oct 28, 2023

SheWhoMustNotBeNamed said:
https://www.sacbee.com/news/nation-world/national/article281039823.html
Dad killed and dismembered 10-year-old son but won’t say where remains are, cops say

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

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.

Then he should get NO DEALS!!!! WTF?!!! Other POS murderers will notice this too, And use it too. Already used by them as their final act of control.

GrandmaBear · Nov 1, 2023

No kidding!

Think about this: Why would you admit to killing him, suffocating AND dismembering but would not admit to where he is? I mean I often think they won't tell for a few reasons but one key one is if they give up the body, then the cops can determine murder BUT THIS guy just admitted murder so what is his reason for not ALSO giving up the body? Possibilities:

#1 and very likely: Mom doesn't get her son back, his way of still destroying her and affecting her life, CONTROL over her and ensuring is she does not get what she needs and wants badly.

#2: He is going to later say or leave open that he falsely confessed and had to for a deal, etc., etc., etc. but that he couldn't give them a body location because of COURSE he never killed him. Leaving options open or trying to.

#3: Same as 2 first part but he can't have them finding him because something was a lie such as suffocation, maybe he tortured or shot him or something so he can't have the body found showing his lies.

#4: He wants to keep something he hopes he can use as leverage at a later date.

#5: He never killed him and really doesn't know where he is. Variations, several. He killed him but was in a mental fugue after and doesn't know where he is. He killed him but was doing drugs and doesn't remember where he put him. He killed him but then someone else stole the body or he had someone else dispose of the body. And on and on and on.

So I had others but forget, lots os possibilities but he did admit to murder and dismemberment...

But then we come back to WHY the HE77 would the prosecution give ANY deal?? I think there was a plenty strong case here for any jury. MAKE it the murder admission AND the location and recovery of this child's body!! WTH is wrong with them? Laziness? Cost? Too much work? I mean an admission is great BUT it should have been the whole package, hardball or NO DEAL, we are trying you and frying you MISTER.

Am I wrong in that I feel providing location of the body (true location WITH recovery) is more important than admission to the murder?

SMDH.

IN NAKOTA KELLY: Missing from Indianapolis, IN - 19 July 2020 - Age 10 *GUILTY PLEA*

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

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Judge denies attempt to toss out evidence in Nakota Kelly murder​

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IN NAKOTA KELLY: Missing from Indianapolis, IN - 19 July 2020 - Age 10 GUILTY PLEA

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

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

Dad accused of killing Nakota Kelly claims police search was illegal, wants evidence suppressed

Judge denies attempt to toss out evidence in Nakota Kelly murder