Dad accused of killing Nakota Kelly claims police search was illegal, wants evidence suppressed

WRTV's Kaitlyn Kendall shares the story of a mother who is suing the Indiana Department of Child Services for its failure to protect her 10-year-old son.

Mom sues Indiana DCS for failing to protect her son

By: Vic Ryckaert

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.