Mom’s lawsuit: Indiana ignored report that her son feared for his life

INDIANAPOLIS (WISH) – Hayley Kelly was thrilled as she talked about her son.

Kelly says if anyone in the Indiana Department of Child Services had heard of her, her son would be alive today.

On her left arm is a tattoo with the dates of the birth and death of her 10-year-old son Nakota Kelly. Her phone is full of pictures and videos of her son who died on July 18. She says that Nakota loved to sing, and she was not afraid of cameras. She sees one video of Nakota singing a Michael Jackson song several times a day.

Wiping away the tears, Kelly says she remembers his last words to her. On July 17, Nakota “told me he was watching YouTube and eating Lunchables and just chillin ‘out, they took it easy that day,” Kelly said.

Kelly says her son was afraid of his father. The couple had shared custody, and a court order required Nakota to spend a few weekends a month with his father. In the days before he went to his father, he was nervous, she says.

“He was on the back seat and he had just picked up (on the phone) with his father, and he said,‘ Whose house am I going to this weekend? ’And I said, ‘your father this weekend,’ and said, ‘Oh, no, I’m dead. Don’t expect me to come home, ” I told her, ” the Department of Child Services, ‘said Kelly.

She says no one in the department responded.

Her latest complaint to the Department of Child Services, according to the lawsuit, was valid, and inaction cost her son her life.

The lawsuit also alleges that Anthony Dibiah parked his sports car in a parking lot in front of his apartment on July 18. He made three trips from his apartment carrying items that were later dumped in a community garbage dumpster.

He said at least two people killed his son and asked one of them if he could borrow a suitcase.

Police found blood spilled in a bedroom and a bathroom. Investigators also found brain material on the bathroom floor.

Nakota’s body was never recovered.

Kelly says the filing of the lawsuit hopes to help protect other children. “It simply came to our notice then. Listen, ”she said.

Dibiah was arrested in Missouri and charged with killing Nakota. Kelly has not spoken to him since July 2020.

The Indiana Department of Children’s Services declined to comment on the case.

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