INDIANAPOLIS — Officers did not need a warrant when they searched the west-side apartment of the man accused of killing his son Nakota Kelly, a Marion County court officer ruled.
Marion Superior Court Magistrate James K. Snyder ruled that police had a right to conduct a limited search of Anthony Dibiah's apartment on July 19, 2020, given that two different witnesses had reported that Dibiah had told them he killed his son.
"Two separate calls about a murdered child justifies an extremely limited search of premises where officers reasonably believe the location to be the location of the death," Snyder wrote in his six-page order issued July 1. Snyder denied a defenses motion to suppress the evidence in Dibiah's murder case.
Dibiah, prosecutors say, smothered Nakota on July 18, 2020, disposed of the body and fled the state. Police arrested him the next day in Missouri, according to court records.
Dibiah's defense attorney Brian K. Lamar argued in an April hearing that the search was unconstitutional. Lamar asked the court to throw out all evidence found in the apartment linking Anthony Dibiah to the 10-year-old's death, including hair, blood smears and brain matter found in the bathroom.
Deputy Prosecutor Michelle Sharpe in that hearing argued the "exigent circumstances" gave officers the legal authority to enter the apartment and check on the boy's welfare.
Dibiah has been charged with Nakota's murder. His trial is scheduled to start on Sept. 26, records show.
In April, Nakota's mom Hayley Kelly filed a lawsuit against the Indiana Department of Child Services for its failure to protect her son despite repeated claims that he had been abused or neglected by his father.
Read the WRTV exclusive Nakota's story:
Part 1 | Love and lies: How a single mom from Wabash fell in love with a man with five names;
Part 2 | 'Unsubstantiated': DCS investigated at least five abuse complaints against Nakota Kelly's father;
Part 3 | The last visit: Nakota Kelly's short life ends in violence at his father's home
More: 'If they had just listened to Nakota': Mom sues DCS for failing to protect Nakota Kelly | Trial delayed for man accused of killing his son Nakota Kelly | Dad accused of killing Nakota Kelly claims police search was illegal, wants evidence suppressed
Contact WRTV reporter Vic Ryckaert at victor.ryckaert@wrtv.com or on Twitter: @vicryc.
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