THE MOTHER of a 10-year-old boy who allegedly told her “my dad is going to kill me,” before he went is suing the child’s father and the state for wrongful death.
Two years after Nakota Kelly disappeared, mother Hayley Kelly has filed a tort claim against the Indiana Department of Child Services seeking damages for wrongful death and negligence.
Hayley filed the suit today against the father Anthony Dibiah who was arrested and charged with murder after Nakota went missing during a weekend visitation with him on July 17, 2020.
She also is suing Indiana DCS as she claims that she told a DCS worker on July 14 that Nakota was afraid of spending time with his father, but they allegedly insisted on the upcoming visitation proceeding as it was court-ordered.
Apparently, Hayley told IndyStar in September of 2020 that she had made multiple formal complaints regarding Dibiah’s abusive behavior before Nakota went missing but they were dismissed.
The week of Nakota’s final visit with Dibiah, he apparently gave his mother a haunting message about the upcoming weekend.
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“Oh, I’m dead. Don’t expect me to come home,” Nakota told his mother the week of the visit according to court records. “My dad is going to kill me.
Dibiah is being charged with Nakota’s murder, and the boy’s body is yet to be found.
“I feared he would hurt him and put marks on him and would run with him,” Hayley told IndyStar. “I never thought he would kill him.”
Dibiah was arrested on July 19 after apparently telling multiple people he killed his son.
According to court records, he called a relative on the evening of July 18 and screamed “I just killed my son!”
Indianapolis police knocked on the door of Dibiah’s apartment that evening, but no one answered and officials did not have probable cause to force entry at that time.
The next morning, he reportedly called a friend and asked for a suitcase.
WTHR reported that Dibiah then called the friend again and told them that he suffocated his son using a bag, dumped the body and then fled the state.
When police finally entered Dibiah’s apartment, they found blood, hair, and brain matter. Surveillance footage showed Dibiah making several trips to load something into his Jeep’s hatchback.
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Footage also shows him making stops at the apartment complex’s trash bin, but police apparently did not find any of Nakota’s remains in the trash bins or nearby wooded area.
Dibiah’s jury trial is expected to begin on May 23 according to online court records.
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