Deceased/Not Found IN - Nakota Kelly, 10, Indianapolis, 20 July 2020 *father arrested *

  • #41
he killed the boy because leaving mom to live w this is the worst and most painful thing he could do to her.

Oh, my, I'm afraid you are right on target. He used the death of that beautiful boy to hurt his mother. And she will hurt for the rest of her life, I am sure.
 
  • #42
  • #43
This is heartbreaking.

Another child lost due to parental "rights".
 
  • #44
BBM
Indiana Supreme Court public access case search - MyCase

09/08/2021 Pretrial Conference
Session: 11/05/2020 9:00 AM, Rescheduled
Session: 01/13/2021 1:00 PM, Rescheduled
Session: 05/05/2021 1:00 PM, Rescheduled
Session: 09/08/2021 1:00 PM, Judicial Officer: Flowers, Shatrese M

09/20/2021 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, Judicial Officer: Flowers, Shatrese M
 
  • #45
Local attorney pushes for 'Nakota's Bill'
Nov 17, 2020

SBM #much more at link

Highlights of ‘Nakota’s Bill’

Among the issues covered in Zimmerman’s draft legislation, the governor’s powers to deem certain workers non-essential would be limited.

Attorneys would be exempt from emergency stay at home orders issued by the governor’s office to file emergency motions as they related to the protection and well being of children.

Courts would advance hearings on motions alleging violence and abuse or the threats on the court’s calendar scheduling the same within five working days. This hearing would also be exempt from any emergency stay at home orders of the governor’s office.

Parents and guardians will not be found in contempt of court for violation of custody and parenting time orders if said parent or guardian had a good faith belief that there was a valid danger to their child and threat of same.

Attorneys practicing family law would schedule a parent in for an appointment within three working days of a contact alleging abuse or threat to a child.

“Oftentimes visitation is every weekend and one weekend during the week and a lot of time,” said Zimmerman. “I do criminal law too and I may be in a jury trial and I say get them in next week, or two weeks, or three weeks, or a month. Well, the harm could happen to the child. You can’t just throw the file up on your desk, forget about it, get called to court, trials. Valid things, but I’m putting the protection of children ahead of everything here.”

Allegations of abuse or threat of abuse of children that are reported to the Department of Family and Children would have to be investigated within 24 hours and action taken within 48 hours of the original report. If abuse was not substantiated by the caseworker assigned a second caseworker would do an independent investigation of the allegations and complete a report within 48 hours of the original determination. This second caseworker would not rely on the case notes of the first caseworker assigned.

“I’m also trying to protect the rights of non-custodial parents to get their visitation. People could try to take advantage of this law and deny visitation, but the overriding importance of the law, even the non-custodial parent’s right to visitation is the safety and protection of our children,” said Zimmerman.
 
  • #46
Older case.
Nakota went missing from the 6000 block of West Lake South Drive near 10th and 465 on the west side of Indianapolis.
Does anyone here have any ideas where the father may have taken him? Search ideas?
Any old addresses for the father?

<snipped by me>

There's a more complete timeline within @YaYa_521 article:

Video surveillance later showed the Jeep:
<BBM>
leaving at 2:27 a.m
. and returning at 3:15 a.m. Sunday, July 19.

It left again at 4:20 a.m. and returned at 4:47 a.m.

It left again at 6:22 a.m. and returned at 7:44 a.m.

At 8:30 a.m., the hatchback was opened by a male, who took three trips from inside and back.

The male placed a bag in the community dumpster on the second trip.

IMPD Sgt. Mark Hess said Dibiah’s cellphone had pinged twice in the 4500 block of West Vermont Avenue, in a wooded area near Eagle Creek. IMPD officers are actively searching for Nakota’s remains."

I hope they look for a suitcase(s). I wonder if he made the rounds of looking for dumpsters to throw items away.

I feel so bad for Nakota and just can't understand why this would happen to anyone, but especially to a defenseless child. Horrific.

I also can't understand why the perp won't go ahead and just say where Nakota is. I would guess he's worried about his case, but it reminds me of Luis Toledo in the Orlando area. He was convicted and is serving three life sentences for murdering his wife and two kids and still won't say what he did with them and let her poor parents have some peace.
 
  • #47
  • #48
  • #49

Details of Disappearance​

Nakota was last seen in Indianapolis, Indiana on July 19, 2020. Authorities believe he was murdered by his father, Anthony Dibiah. Nakota lived with his mother in Wabash, Indiana and visited Dibiah in Indianapolis on weekends. Photos of both of Nakota's parents arep osted with this case summary.

Dibiah was born in Nigeria under the name Ejike Ibe. He had been living and working in the U.S. under a stolen identity and used at least five different alias names between 2002 and 2022. In 2012, he pleaded guilty to Social Security fraud, identity theft and misusing documents to enter the U.S., and served a 34-month prison sentence.

Immigration and Customs Enforcement tried to deport him, but Nigeria refused to take him back. In 2016, after his release from federal prison, Dibiah returned to Indiana and got a court order granting him visitation with Nakota every other weekend. It was during one of those weekend visits that Nakota disappeared.

The Indiana Department of Child Services (DCS) investigated four complaints of Dibiah's alleged abuse or neglect of Nakota during these visitations. The first complaint was on Nakota's first overnight visit with his father, in January 2017, when Dibiah gave him a double dose of his ADHD medication, something Dibiah said was an accident. Hayley filed more complaints against Dibiah, alleging that he had pulled Nakota down the stairs in one incident which left a bruise, struck him on the face and knocked him backward over a couch on another, and threatened to beat Hayley in Nakota's presence on a third occasion.

Each time, DCS ruled the complaint unsubstantiated. Hayley asked the judge to order that Nakota's visits with his father be supervised, but the judge refused this since none of the complaints against Dibiah had been substantiated. Dibiah said Kelly was trying to keep him from his son by making baseless accusations, stating, "this is all about the mother not getting her way in terms of visitation and child support."

Nakota played in Little League, and his weekend games presented a problem because he had to miss them to visit with his father and he didn't want to miss them. His coach said he was a talented player, and he wanted to play baseball professionally when he grew up, but he had missed many games due to the court-ordered visits with his father.

On the day Nakota was last seen, it was the day of the last Little League game of the season and Hayley allowed her son to play in the game even though it would make him three hours late for his visit with Dibiah. The visitation time was supposed to start at 6:00 p.m.; Hayley didn't show up at the hand-off in Kokomo, Indiana until 9:15 p.m.

Dibiah was furious about this and said he would inform the family court. He was already angry because Nakota had hung up on him during a July 14 phone conversation. Nakota had told his mother, "I'm dead. Don't expect me to come home. My dad is going to kill me." Hayley contacted DCS about this, but nothing was done and Nakota was still legally ordered to visit his father that weekend.

The last time anyone heard from Nakota was at 7:36 p.m., when he called Hayley from his father's home in the 6000 block of West Lake South Drive in Indianapolis. He said he had had something to eat and was watching YouTube, and that he loved her. He expected to see her at the pickup time at 9:30 p.m. on July 19.

Two hours after Nakota called his mother, Dibiah called a relative in Texas. He seemed panicky and repeatedly said, "I just killed my son!" The relative called the police and at 10:11 p.m. the authorities arrived at Dibiah's apartment, but when they knocked, no one answered. Police did hear movement inside and saw Dibiah's white Jeep Patriot in the parking lot. They left after a supervisor told the officers on scene that there was not sufficient reason to force entry.

Surveillance cameras at Dibiah's apartment complex showed his Jeep leaving and returning several times between 2:27 a.m. and 7:44 a.m. on July 20. After 8:30 a.m., the video showed Dibiah going in and out of his apartment three times, and on the second trip, he was seen throwing a bag into the complex's dumpster.

Later that morning, he called a friend and asked to borrow a suitcase, admitting again that he had killed Nakota. He said he had suffocated the child in a plastic bag and had dumped the body. Dibiah's friend told him he was going to call 911 and that Dibiah should return to his apartment. Dibiah said he was out of state at present but was on the way back to Indianapolis.

Dibiah's friend called 911 at 11:43 a.m. and this time, when officers returned to Dibiah's apartment, they got the keys from the manager and went inside. Dibiah and Nakota were gone, and the police found brain matter on the bathroom floor, blood spattered on the bedroom walls, floor and ceiling, and a small amount of blood in the entryway.

At 2:01 p.m., Dibiah sent a text to Hayley saying, "Sometimes I hear voices. My son is in heaven." Kelly texted back "What" and became frightened after Dibiah didn't respond. She spoke to some people she trusted, who then called the police.

The police were, by then, trying to find Dibiah by tracking his phone as he drove through Indiana, Illinois and Missouri. At 4:00 p.m., the Missouri State Highway Patrol stopped him in Macon County, about 375 miles from Indianapolis, and arrested him. There were bloodstains in the back of his Jeep but no sign of Nakota.

Dibiah is awaiting trial for his son's murder. Hayley has filed a lawsuit against DCS for Nakota's wrongful death. Nakota's body has never been found.
 
Last edited:
  • #50

Jury Trial originally scheduled on 07/31/2023 at 9:00 AM was rescheduled to 10/02/2023 at 9:00 AM. Reason: By Request.
 
  • #51
  • #52
Still, no Nakota. :(
 

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