The Worst CPS Failure of a Disabled Child Ever

The Worst CPS Failure of a Disabled Child Ever

Hershel Creebomb Jr. was born on November 1st, 2017 to parents Ashley Johnson and Hershel Creebomb Senior. The couple also had an older daughter. Sometime after the two children were born, the couple split up, after which they barely had any communication with one another. Ashley soon resumed an on-again, off-again relationship with Michael Kendrick, whom she had reportedly been in a 10-year relationship with.

Hershel was born with cerebral palsy, autism, and couldn’t speak. He was described by family members as a happy child despite his many challenges. They described him as joyful, full of life, innocent, and deeply loved by those who knew him. His favorite color was green. Hershel Senior described him as the highlight of my life.

Hershel and his sister spent most of their lives with their paternal grandmother, Missy Creechbomb, in Springfield, Ohio. According to sources, the children have been living with their grandmother for years in a couple of different homes. She was appointed to be their guardian in March of 2021 and every 6 months she had to fill out and submit minor guardian reports to the probate court.

According to these reports, Ashley had ongoing struggles with drugs and Hershel’s father, Hershel Senior, had left the state. A 2022 report stated that neither parent would come around, and reports from 2023 and 2024 said that they didn’t call to check up on the kids either. However, according to a September of 2024 report, both parents had resumed contact with their kids, and Missy was allowed supervised visitation.

Missy eventually returned the kids to Ashley’s custody after she didn’t have enough money to renew her lease. The kids moved in with their mother and her boyfriend, Michael, in a home located on Xenia Avenue in Dayton, Ohio. According to Missy, Ashley seemed like she genuinely missed her kids and had no reason to suspect that Michael didn’t want the best for them either.

Initially, Missy maintained contact with her grandkids and visited with them often. After her lease expired, she moved into the family’s home. However, in November of 2024, she was injured in a head-on collision in German Township. As a result of this accident, she had to be hospitalized and was eventually moved into a nursing home.

She claimed that she saw the kids more and more infrequently because of this. Missy had to use a mobility scooter to get around. She claimed that there were times when she asked Ashley if she could move back into the home, but both her and Michael refused. After leaving the nursing home, Missy moved back to Springfield to be with friends before ultimately settling in Columbus.

She claimed that she had planned on being near her grandchildren, but that it was proving difficult with her own health issues and Ashley’s refusal to let her move back in. In May of 2025, the Clark County Probate Court relinquished guardianship of Hershel and his sister from their grandmother and back to Ashley because Missy did not file the required minor guardian reports.

Missy claimed that she never received the required paperwork and the records indicated that the probate court notices were mailed to a Springfield residence that she listed as her address in September of 2024. While Missy was unhappy with the new arrangement, she trusted Ashley enough to believe that she had changed as a person and was ready to take care of her kids, especially Hershel, who had special needs.

What she didn’t know at the time, however, was that Michael had a few run-ins with the law and had a lengthy criminal record. Most of Michael’s troubles stemmed from his alcoholism. For example, in February of 2022, a female motorist flagged down Dayton police officers. She identified herself as Michael’s sister. The woman, whose name has been redacted from court documents, claimed that Michael was a passenger in the vehicle alongside her, Ashley, and Ashley’s daughter.

She told officers that her brother was heavily intoxicated and started verbally attacking the passengers. The woman also claimed that Michael had started acting violently on their way back to the couple’s home. She stated the verbal altercation had turned physical with Michael throwing a couple of punches.

Official documents didn’t indicate whom he hit, but Michael’s sister claimed that at least one of them was struck in the face. Allegedly, she told Michael that she would flag down the police car they saw in the distance and that her brother threatened to kill her if she did so. Officers managed to subdue Michael and arrested him on charges of family violence.

However, the Montgomery County prosecutor’s office didn’t proceed with charging Michael when his sister failed to appear in court. Documentation from the 2022 case, however, indicated that this was not the first time Michael had been in trouble for acting violently. There were, in fact, several cases, most of them committed while Michael was under the influence of alcohol.

In 2009, a then 23-year-old Michael was charged with arson and assault against his mother, Joy Kendrick, as well as another unknown victim. Court records indicate that he was placed on up to 5 years of probation, ordered to pay restitution, and was ordered not to come within 1,000 feet of his mother and the other victim. He was only allowed to have contact with his mother and his daughter on Christmas Day.

In 2013, Michael was accused of attacking an 8-year-old girl in Dayton, reportedly while intoxicated. Police said he was allegedly throwing glass bottles around and making threats while carrying a knife. In 2016, Michael attacked his mother once again. He was convicted of a misdemeanor charge of family violence, sentenced to 6 months in jail for the attack, and was ordered to not have any contact with his mother after his release.

Sadly, his mother eventually passed away in 2022. Shortly after the final case involving his mother, Michael was again arrested on charges of felony theft. He was sentenced to 5 years on probation, but was ultimately sentenced to serving out a 10-month prison term for violating the conditions of his probation. He failed to comply with multiple conditions, including a requirement that he abstained from alcohol and drugs.

In 2018, Michael was convicted of a misdemeanor charge of unauthorized use of a motor vehicle. He spent 5 days in jail for the crime. In 2020, he was sentenced to 5 years on probation for felony charges of burglary and having weapons under disability. I was unfamiliar with this term “weapons under disability” and looked further into it.

Under Ohio section 2923.13, the term having weapons while under disability, which we will have the law on screen for you, seems to appear to function the same way that possessing a firearm as a felon tends to function in other states. We will also have the link to this section down below in the source information.

That same year, Michael was charged with a misdemeanor count of aggravated trespassing related to an incident that occurred at a homeless shelter for women and children in Dayton. This is besides his many, many run-ins with law enforcement for public intoxication, intoxicated driving, disorderly conduct, and criminal damage. According to responding officers, in every single one of his cases, Michael was highly intoxicated during his arrests.

According to the staff at Ruskin Elementary School, where Hershel and his sister attended, they contacted CPS several times in April of 2025. The staff claimed that they believed the children weren’t being adequately taken care of. According to police reports, they performed at least two wellness checks at the family’s residence and ultimately concluded that the children weren’t in any danger.

The staff reported that on April 3rd, Michael had dropped the kids off at school while severely intoxicated. The caller also claimed that Hershel was covered in urine. According to one staff member calling regional dispatch: “So, their guardian left them in the care of their biological mother and there’s just signs of neglect. The 11-year-old has said that they are often without food. I’ve called it into CPS multiple times and they today asked me to do a well check with the police department.”

Another call for a wellness check was made the following day. According to the caller, staff members were still shaken over what had happened on April 3rd. They told the dispatchers the following: “Like the mom seemed like she was okay today at dismissal, which is the only reason I let them leave, but the boyfriend or whatever, he tried to pick them up and he was clearly intoxicated.” A wellness check was conducted later that same day by police. The reports indicated that everything was okay at the home.

Kids had food and the house had power. Nothing came of the back-to-back reports made by school staff members. Records show that a third call was also made, but it was made by someone who called 911 from the residence and then hung up. When the call connected the second time, the caller claimed it was a mistake and that they didn’t need the police to come by.

Despite this, a wellness check was still performed. And again, nothing came of it. At 3:45 a.m. on July 12th, Michael called 911. He claimed that he was outside with Hershel on the front porch when an unknown assailant approached them. Michael claimed that the assailant punched him, knocking him unconscious, and then kidnapped Hershel.

His report suggested that the man was possibly homeless and that he, Michael, had been knocked out for a couple of minutes. According to Montgomery County Regional Dispatch records, the caller appeared to have been intoxicated during the phone call. We actually have that call, which we’ll play for you now.

“911. What’s the location of the emergency?”
“Hello, this is just a—dude, man. He ran away with my—my baby and and my stroller.”
“What? What happened?”
“What happened?”
“Okay. What happened?”
“Is a person with a tattoo thing. He just stole my baby. I—I normally like try to help him out like—”
“Where are you?”
“On Xenia Avenue.”
“We’re out on Xenia Avenue.”
“I—I know. I don’t—just see him out and about. I just see him struggling and they—they took a stroller.”
“It’s like a wheelchair.”
“Okay. They—they took—was it yours?”
“It’s my son. They took my son.”
“They took your son?”
“He took my son. Okay. Where did he go?”
“They punched me and took my gun. They went up going—”
“Okay.”
“If y’all don’t get them, I’mma get them.”
“Um,”
“I promise you.”
“So, where did they—where did they go on Xenia?”
“They went up top. But he going towards Raising Cane’s.”
“Raising Cane’s.”
“Okay. Oh, was this male white, black, or Hispanic?”
“He black, big.”
“What was he wearing?”
“You said what?”
“What was he wearing?”
“Some—”
“Okay. Like what?”
“He had a robe to cover his stuff. Oh no. He look great. I ain’t never seen him like this. I don’t know. I think wife snapped and he—he finally done snapped.”
“Okay. Which um—did he use any—two ponytails and some—some flowers in his hair? Go find him ’cause I need my boy.”
“Come on. Stop playing with me.”
“Okay. How old is your kid?”
“He’s eight.”
“Eight. What’s his name?”
“I’m about to—I don’t know how I never heard.”
“How long ago did this happen?”
“It did happen.”
“Okay. Which way did you say he was going?”
“He’s going towards Raising Cane’s drive-thru. So I don’t know where it go.”
“Was he on foot or was he in a vehicle?”
“No, he on foot. He already—you got to understand like I’ve been—he—this somebody that I’ve been helping all my life.”
“Okay. What was your son wearing?”
“He’s wearing some sweatpants and a beater.”
“Okay, ’cause you got to cover up his—his legs because his legs when—when it’s—when he—it—it mess up his leg ’cause I ain’t got no regular son. This my stepson per se, but his legs will mess up like what he—and to make him look like my color. I’m light skin, but they make them hot. So, I put—”
“Okay. What’s your first name?”
“Okay. All right. I got officers en route to you. Are you—”
“Yeah, I’m here.”
“Okay. Um, what are you wearing so it’ll be easier to find you?”
“I stand outside.”
“Okay. Yeah, I stand outside. But what are you wearing?”
“I said that. That’s what I said. Avenue. I told you that.”
“Yeah. I said, ‘What are you wearing?’ Like, ‘What clothing are you wearing?'”
“Well, I wear—”
“Yes. What are you wearing so officers can find you easier?”
“Um, couple. I’m just wearing some shorts.”
“What color shorts?”
“Black.”
“Okay. Are you wearing a shirt?”
“Oh, okay. Why is you trying to identify me like I’m the—”
“Cuz we need to come talk to you.”
“I—that’s why I hate call—calling the cops. You talk to—I don’t be getting that. Look, you’re trying to identify the person that—that’s doing something wrong. But I’m not doing nothing wrong. Not this time.”
“Okay. Well, we need to talk to you because it’s your son.”
“Find them before I find them.”
“Okay. We have an officer on scene.”
“Then shut up. Do your job. Do what the—I’m calling you for.”
“I’m going to go ahead and disconnect.”

Michael claimed that Hershel had been taken from their front porch. However, responding officers reported that there was no indication that the boy had been taken. By 8:00 a.m. that same morning, the Dayton Police Department updated its social media to alert the public of Hershel’s disappearance.

Ashley and Michael were taken for an initial interview, and that’s where everything started to unfold. Ashley first claimed that she had seen Hershel a day before, but then quickly changed her story. She told investigators that sometime in late May, she had been hospitalized. While in the hospital, she received a phone call from Michael. Ashley claimed that Michael told her that Hershel was dead. She believed that Hershel was playing with his sister at the time and that he passed away, in her words, from natural causes.

Michael’s story was much different than hers. He admitted that he had been drinking that day and that he struck Hershel twice while he was having an argument with someone over the phone. Michael claimed that he shoved the seven-year-old and that Hershel reportedly bounced off the floor. Still, he claimed that while Hershel might have been injured as a result, he was still alive until the following day.

The next day, Michael claimed that he found Hershel unresponsive in the shower, which is an interesting claim considering Hershel needed assistance showering, that Michael would just randomly find him. During the course of the investigation, it was revealed that the couple kept Hershel’s body in the closet for a couple of days up to a week before he started to decompose.

After that, Michael transported his remains in a suitcase to an open grass field. After a few weeks, he reportedly returned and placed the remains in a bag, leaving them in the 100 block of McClure Street in Dayton. Michael agreed to lead the investigators to where he had dumped Hershel’s remains. He led them to the street and they found Hershel’s mobility vehicle located nearby.

Afterward, Michael was arrested and booked at Montgomery County Jail. At 7:22 p.m. that same day, the Dayton Police Department updated their social media post to reveal that Hershel’s remains had been found and that they had a suspect in custody.

On July 14th, Police Chief Kamran Afzal held a press briefing where he announced that Ashley and Michael had both been arrested in connection with Hershel’s death. He revealed that Michael was charged with three counts of tampering with evidence and one count of gross abuse of a corpse. Meanwhile, Ashley was charged with obstructing justice and failure to report a death. Chief Afzal also told the press that the investigation was ongoing, indicating that the neglect might have gone on for several months before Hershel ultimately died.

“First and foremost, my heart goes out to Hershel’s family and anyone who truly cared for him. In our line of work, unfortunately, we do see evil acts on a routine basis. This callousness shown in this situation to where this child is horrendous and truly evil. On Saturday, July 12th, about 3:45 in the morning, we got a call from 404 Xenia. The initial call was for a report of a kidnapped child. As this information—and so multiple crews searched the area as this information—we received this information. As the investigation unfolded, it was determined that Hershel had not been seen for several weeks. At that point, the investigation turned into a potential homicide investigation. Ultimately, it was determined that Hershel was not missing, but was deceased for several weeks. Information was then developed that led our investigators to the area of McClure and US 35. The slide shows you both locations, the US 35 McClure location and also the 404 Xenia—and to this location and we recovered what we believe is Hershel’s remains at this point. We currently have two people who have been charged. I’m going to show you the first one is Michael Kendrick. He’s currently in jail. Charges are tampering with evidence, three counts, abuse of a corpse. You also see his convictions, felony—his criminal record which shows aggravated arson, felony theft, felony unauthorized use of a motor vehicle, misdemeanor weapons under disability, aggravated trespass also misdemeanor. And we also have Ashley Johnson, who is the biological mother of Hershel. She is facing—she has been charged with obstruction of justice, which is a felony, and failure to report a death, which is a misdemeanor, and she has a prior criminal conviction of theft, which is a misdemeanor. It is important to note that these charges are preliminary charges against these two individuals. Our investigators are working with Montgomery County prosecutors, coroner’s office, and additional charges may be forthcoming based on the forensic examination of what we believe are Hershel’s remains.”

According to the coroner’s report, Hershel’s remains were found in a number of black plastic bags concealed by brush near the McClure Street Bridge along US 35. The coroner also noted that they found several fractures on the boy’s skeleton, but it was unclear if they happened pre- or post-mortem. According to the report, scant tissue was found on badly decomposed bones making up only a partial skeleton. Michael appeared in court electronically and bond was set at $2 million. On July 15th, Ashley appeared before the court a day later and had her bond set at $250,000.

On July 21st, the Montgomery County Grand Jury indicted Ashley and Michael on their charges. The couple was arraigned on July 24th, and their original bonds were upheld. Grandmother Missy expressed her regret at leaving the children in the care of their mother after Hershel’s death made the news. She also stated that despite her health challenges, she was going to try to regain custody of Hershel’s 11-year-old sister, who is currently in the care of Child Protective Services.

On July 19th, a memorial service was held for Hershel. The memorial service started at Ruskin Elementary School and continued to McClure Street Bridge. People from all over Dayton came over the course of the following week to remember Hershel.

“You can just walk in and he can make somebody so happy. Like you can feel so sad and he will put a beautiful smile on your face. He was growing and learning every day and he was never sad. You never heard him cry ever. He always was smiling and he loved light-up toys and was always just happy. So it’s very sad this happened to him. It’s very sad what happened. You just can’t understand how something like this would happen, you know, and it hits in your community. So it hits you in a whole different way.”

The community turned the McClure Street Bridge into a memorial. They left stuffed animals, balloons, flowers, and handwritten messages in Hershel’s memory. One note from his cousin read, “I miss you, Hershey. You didn’t deserve that.” Area bikers came together for a ride honoring the 7-year-old boy.

United Rehabilitation Services, a Dayton-area nonprofit that serves those with disabilities and special needs, said in a Facebook post that Hershel should have been safe. His death is heartbreaking and a painful reminder that children with disabilities are among the most vulnerable in our communities. His life mattered and we must all do better. Family and grieving community members demanded an investigation into the failures of CPS, law enforcement, and school officials who had been made aware of Hershel’s living situation.

“You’re just getting a mask. You’re not really seeing what’s going on and you’re letting it go and you’re walking away. And how many kids are going to continue to die because you’re not actually pushing to do the job you were given.”

Dayton Public Schools Superintendent David Lawrence says school district employees must report any suspected violence or neglect to children’s services, but as we mentioned earlier, school officials did report Hershel and his sister to CPS more than once. In fact, school staff reached out to children’s services to try to help. They said they would not help unless we sent a wellness check for them, like it’s caught up in between counties because his guardian lives in Clark County.

The superintendent went on to share that as this specific matter is an active police investigation, we are not at liberty to disclose any additional details related to the student at this time. Once the investigation concludes and the district attorneys clear us to comment further on the matter, we would be happy to do so. As this case is still ongoing, we will be sure to keep an eye out for updates as they become available.

Hershel’s family is calling for the maximum punishment for both Ashley and Michael. That said, Michael and Ashley are considered innocent until proven guilty in a court of law. Dayton Police Department has promised a thorough investigation, and more charges are expected once the coroner finalizes the official cause of death.

It’s important to note that despite Michael’s confession, he has not been charged with murder or even manslaughter. Legal experts have explained that such charges require a clear, provable cause of death—something that’s not immediately possible in Hershel’s case due to the condition of his remains. Only partial skeletal remains and minimal tissue were found. This severely complicates efforts to officially determine whether Hershel’s death was from neglect or other causes. Without forensic confirmation, any homicide charge could be dismissed in court due to a lack of evidence. For now, they’ve secured high bonds to keep both suspects in custody while awaiting further results.

On August 6th, Michael’s lawyers requested for the court to issue an order for no-paper access. This would restrict public access to the county public record system for all pleadings and filings in the case. His lawyers are arguing that such restrictions are reasonable and necessary to protect his right to a fair trial. They claim that, and I quote, “The alleged facts and circumstances of the instant case have generated a tremendous amount of pre-trial publicity in the media, including print, broadcast, online, and social media, and includes information that is erroneous, prejudicial, and/or otherwise inadmissible in court.”

In demanding legislative change, several people working on Hershel’s case have called out CPS for creating confusion over which jurisdiction the 7-year-old’s case came under. According to reports, Missy was the last known guardian for the children until she moved to Columbus. She had lived with the kids as their guardian while residing in Springfield, which comes under Clark County’s jurisdiction.

However, because she never filed the paperwork, which she claimed she never received, the kids hadn’t been transferred to Montgomery County CPS jurisdiction. With no clear county agency asserting responsibility and guardianship legally reverting to Ashley, multiple opportunities for intervention fell through the cracks. The best that anyone could do apparently was perform welfare checks at the residence. Even then, despite multiple calls being made about the children’s treatment at home, specifically while under Michael’s care, officers noted that everything seemed okay at the residence.

“We represent the estate of Hershel Creebomb. As you know, his death was very tragic and preventable. We believe that children’s services failed this child. We know that teachers and the police called children’s services on multiple occasions to report issues as it relates to the care of this child. We know that Hershel was autistic, nonverbal, in a wheelchair, really one of the most vulnerable of our citizens. I really thought that Children’s Services learned from the Takakota Collins case. I guess not. What we’re going to do is we’re going to honor Hershel’s memory by holding Children’s Services accountable for failing this child. This should not have happened. Again, this is a failure on Children’s Services. The agencies that are supposed to protect these children aren’t doing what they’re supposed to do. We had legislation passed that was supposed to help fill in the gaps that would prevent this from happening. And evidently it didn’t fill the gaps, or those—we know that those that are supposed to protect this child, those that are supposed to keep this child out of harm’s way, didn’t do their job, and as a result he’s dead. We think this child went through hell. He was abused, he was neglected, he was just, you know, probably some of the horrific things that you can imagine this child went through. And because he was autistic and because he was a special needs child, I think that more care and more attention should have been given to him, and it just didn’t happen.”

The lawyers in the video we just played for you mentioned the Takakota Collins case, which was by far one of the worst cases that we’ve ever discussed on this show. We will be sure to post a link in the pinned comment for you to check out if you’re unfamiliar with the story.

As of the date of this recording in August of 2025, Hershel still doesn’t have a final resting place. The Facebook group run by Hershel’s loved ones is currently raising money for the little boy’s burial, which is taking place at Rose Hill Burial Park. It’s unclear exactly where funding stands as of today. So, if you’re looking to contribute, the best place to check would probably be with Hershel’s loved ones that are running that Facebook group.

There’s also been a lot of confusion online as to who is handling funeral arrangements due to conflicting posts made by Hershel Senior. In a post made on July 23rd, Hershel’s father instructed anyone looking to make donations to reach out directly to the Jones-Kenney-Zehner Funeral Home in Springfield. However, a recent post in the group claims that the funeral home is not in a position to take donations as the arrangements haven’t been finalized with the family.

Another point of contention is what is going on with Hershel’s headstone. In a post made on July 29th, Hershel Senior claims that his son’s headstone was going to cost $7,755 total and $770 to start work. However, this conflicts with a post made on July 13th to another Facebook group that appears to no longer exist. In the post, Eternity Stoneworks offers to provide a stone free of charge. The company made a post to their own Facebook page on July 23rd confirming this.

Ruskin Elementary is also preparing to honor Hershel’s memory with a permanent on-campus memorial. According to parent volunteer Bridget Lowe, the school will install a memorial rock embedded in concrete on school grounds. Bridget described the effort as a deeply personal initiative, saying, “This year, school won’t be the same without Hershel. We will have a memorial at Ruskin Elementary permanently there for Hershel forever.”

In addition to the memorial rock, a custom memorial bench is being planned thanks to local fundraising efforts. One Dayton-based business, Sweet Retreat, donated $1,200 to support the creation of the bench, which will be placed near the school entrance or along a walking path that students take each morning. According to Bridget, many students will pass by the memorial daily, providing a quiet, but powerful reminder of a classmate they lost far too soon.