DAYTON — The mother of 7-year-old Hershall Creachbaum and her boyfriend appeared in court today and made requests that could lead them to never go to trial.
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Ashley Johnson and Michael Kendrick requested competency evaluations to see if they can stand trial during a hearing on Thursday.
As previously reported, the pair is facing charges stemming from Creachbaum’s death. The 7-year-old’s remains were found by police in July after concerned family members reported not seeing him for weeks.
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Kendrick is accused of tampering with evidence and gross abuse of a corpse related to Creachbaum’s death. His lawyer twice successfully asked for delays while exchanging the mountains of potential evidence prosecutors needed to share with him.
Johnson is facing an obstruction of justice charge. She appeared in court in a wheelchair, as she has each time News Center 7 has seen her in court. Her lawyer had a similar request as Kendrick’s.
“Good morning, your honor. Judge, it’s our intention to file a competency motion to address the issues related to intellectual disability,” her lawyer said.
As reported on News Center 7 at 5:00, the new requests mean another month-plus delay while the pair is evaluated.
The Montgomery County Coroner has not ruled on the cause of Creachbaum’s death, but his family is convinced the pair should face murder charges.
“I’m ready to see them prosecuted,” Jessica McNier, Creachbaum’s aunt, said. “I am ready for them; they should get the death penalty, is what they should get.”
The coroner’s office has asked anthropologists to assist in the investigation. Police say they continue to work the case and may ask prosecutors to review the case for potential added or upgraded charges in the future.
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