October 2025 – The estate of Hershall Creachbaum Jr., a 7-year-old non-verbal boy with autism, has filed a wrongful death lawsuit against Montgomery County, Clark County, and their respective Children’s Services agencies. The lawsuit alleges that the tragic and preventable death of Hershall was a direct result of “a complete lack of oversight and intervention” by the county officials who were legally obligated to protect him.
Our firm, Attorney Michael Wright, is representing the estate. The complaint, filed by our attorneys Michael Wright and Robert Gresham, argues that despite numerous and repeated warnings from concerned school officials, the agencies demonstrated a “failure of law and duty” that ultimately led to Hershall’s death.
Background of the Tragedy
Hershall Creachbaum’s remains were discovered in July 2025, weeks after he was killed. His mother’s boyfriend, Michael Kendrick, allegedly admitted to authorities that Hershall died after he punched and shoved the boy. Kendrick has since been indicted on charges including tampering with evidence and gross abuse of a corpse, while Hershall’s mother, Ashley Johnson, faces charges of obstructing justice.
Allegations of Systemic Failure
The lawsuit we filed details a heartbreaking timeline of missed opportunities to save Hershall. The complaint alleges:
- Numerous Reports Ignored: Staff at Hershall’s school, Ruskin Elementary, contacted Children Services agencies in both counties on up to 24 different occasions between September 2024 and May 2025.
- Clear Signs of Abuse: These reports repeatedly raised alarms about “visible signs of bruising,” “scratches,” “malnutrition,” and Hershall arriving at school “covered in urine” and without adequate food.
- Failure to Investigate: Despite these multiple reports from mandated reporters, the agencies failed to follow mandatory protocols, failed to properly investigate the claims, and failed to coordinate with law enforcement as required by law.
The lawsuit contends that Hershall’s death was not only a tragedy but a “systemic failure.” As our attorney Robert Gresham stated, “His death wasn’t a failure of love by his family. It was a failure of law and duty.”
A Commitment to Justice and Systemic Reform
Our legal team at Attorney Michael Wright is committed to seeking justice for Hershall Creachbaum and holding the systems that failed him accountable.
“This lawsuit… reveals a system that’s broken at every level,” said attorney Robert Gresham. “Justice means accountability. And that’s not just criminal charges for those who directly caused his harm, but civil accountability, which is what this lawsuit is about. For those whose inaction made the harm inevitable.”
This case tragically mirrors that of Takoda Collins, a 10-year-old boy who died in 2019 after suffering horrific abuse. We also represented the estate of Takoda Collins in a successful lawsuit against Montgomery County for its failure to intervene despite numerous reports of abuse.
Our firm’s goal is to secure justice for Hershall’s estate and to demand “structural reform, transparency, and training. So the next time a teacher raises the alarm, a child is actually saved and doesn’t end up dead like Hershall.”
