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 hearingthat 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.
-
Police search for driver in deadly hit-and-run on Indy's west side
An Indianapolis family is seeking justice after a 66-year-old man was killed in a hit-and-run on the west side of the city over the weekend.
Alamo Drafthouse Cinema opens on Indy’s northwest side
The theater is located at the former Georgetown Cinema, and patrons can have their food and drinks delivered to their seats by servers.
Scammers are preying on people searching for new jobs
Job hunting can be difficult enough as it is. But now scammers are looking to take advantage of those people hoping to land their dream job.
Myles Turner scores 34, Pacers avenge Friday's loss to Miami with win over Heat
Myles Turner scored a season-high 34 points, and Bennedict Mathurin added 21 points and 12 rebounds to lead the Indiana Pacers to a 119-110 victory over the Miami Heat on Sunday.
