DAYTON — The estate of a 7-year-old boy with autism and cerebral palsy is preparing a wrongful death lawsuit following the discovery of his remains earlier this month.
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Michael Wright, the lawyer for the Creachbaum family estate, is spearheading an independent investigation into the circumstances surrounding Hershall’s death.
The focus is on the role of child service agencies, which Wright believes failed to protect the child.
“They just didn’t follow up and do the things that were necessary to protect this child,” Wright said.
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He is currently in the information-gathering phase to understand what went wrong.
Police found Hershall Creachbaum’s body on a wooded embankment behind a chain-link fence near the McClure Street bridge.
The specifics of the care provided by Hershall’s mother, Ashley Johnson, and her boyfriend, Michael Kendrick, remain unclear.
“We’re still trying to piece together what specifically happened to this child and what gaps there were in the system,” Wright said.
Lawyers said Hershall should still be alive.
“Every adult that was responsible for his care failed him every step of the way, He shouldn’t be dead, but he is,” Attorney Robert Gresham said.
News Center 7 has reached out to Montgomery County Children Services, which said Ohio law prevents them from confirming or denying if there was a case involving this child.
“While this tragedy did not fall under our jurisdiction, we join the community in mourning this loss,” a spokesperson said.
We will continue to follow this story.
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