Local

Mom, boyfriend claim Miranda rights weren’t properly read during interviews into boy’s death

Judge rules mom, boyfriend competent to stand trial in death of 7-year-old boy Michael Kendrick (left) and Ashley Johnson (right) (Montgomery County Jail)

DAYTON — There are new developments in the investigation and the case of Hershall Creachbaum Jr.’s death.

[DOWNLOAD: Free WHIO-TV News app for alerts as news breaks]

Creachbaum was a 7-year-old non-verbal boy with autism. His remains were found at the McClure Street bridge in July after he had been reported missing, according to a previous News Center 7 report.

Creachbaum’s mother, Ashley Johnson, and her boyfriend, Michael Kendrick, are facing charges in relation to the boy’s death.

Montgomery County Court of Common Pleas records show that both the lawyers for Ashley Johnson and Michael Kendrick filed motions to suppress statements.

Johnson and Kendrick claim that their Miranda rights weren’t properly read to them before they began speaking with authorities.

TRENDING STORIES:

Kendrick’s lawyer filed the motion on Nov. 13.

Its goal is to “suppress alleged incriminating statements that were involuntary and obtained as a result of an improper custodial interrogation,” according to court documents.

Johnson’s lawyer filed her motion the next day.

Her lawyer claims her statements were “involuntary and obtained without a valid waiver of her constitutional rights,” according to court records.

Johnson and Kendrick were both found competent to stand trial last week.

As previously reported by News Center 7, Kendrick reportedly led investigators to Creachbaum’s remains just hours after he first called 911, claiming the boy had been kidnapped.

Court documents previously obtained by News Center 7 show Kendrick admitted to hitting Creachbaum twice, pushing him down, then hiding his body when he died the next day.

He also admitted to moving his remains several times.

Johnson and Kendrick remain booked in the Montgomery County Jail.

News Center 7 will continue to follow this story.

[SIGN UP: WHIO-TV Daily Headlines Newsletter]

0