‘Need to be held accountable;’ Wrongful death lawsuit filed in Hershall Creachbaum case

DAYTON — A wrongful death lawsuit has been filed on behalf of 7-year-old Hershall Creachbaum, a child who is non-verbal and autistic, whose remains were discovered in July at the McClure Street bridge.

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The lawsuit claims that two dozen warnings to children services in Clark and Montgomery counties went unanswered, which could have prevented Hershall’s death.

“They failed him, they do need to be held accountable for it,” Chasity Rollins said, Creachbaum’s cousin, who also referred to herself as his aunt.

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Dayton police discovered Hershall Creachbaum’s remains at the end of the McClure Street bridge in July.

Officers have arrested Hershall’s mother, Ashley Johnson, and her boyfriend, Michael Kendrick, in connection with his disappearance and discovery.

Michael Wright, the lawyer for Hershall’s estate, stated that there were approximately 24 different contacts with children services regarding Hershall.

“It’s scary that, you know, the people that are supposed to be responsible for looking out and protecting these children aren’t doing their jobs,” Wright said.

Family members, including Rollins, have expressed their frustration and grief, emphasizing the need for better systems to protect children.

“What needs to change? What can the community do? What can we do to help you guys make these proper changes so that no more kids are getting hurt?” Rollins asked.

Michael B. Colbert, Montgomery County Administrator, issued the following statement in response to the lawsuit.

“This situation is heartbreaking, and we extend our deepest sympathies to everyone affected. As this matter involves pending litigation, we are unable to provide further comment at this time.”

Those named in the lawsuit have 30 days to respond to what’s been filed.

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