Kendrick, Johnson Appear for Motion to Suppress Hearings in Creachbaum Case

Defendants argue Miranda rights were not properly waived in 7-year-old's death case

Published on Feb. 20, 2026

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Ashley Johnson and Michael Kendrick appeared in court for motion to suppress hearings in the case of 7-year-old Hershall Creachbaum's death. Defense attorneys argued the defendants' Miranda rights were not 'knowingly, intelligently, or voluntarily' waived, while prosecutors contended detectives took steps to ensure the rights were understood.

Why it matters

This case highlights the importance of properly obtaining Miranda waivers, especially when dealing with defendants who may have diminished mental capacity or were under the influence of substances. The outcome of these motions could significantly impact the prosecution's case against Johnson and Kendrick.

The details

In November, motions were filed to suppress evidence on behalf of defendants Ashley Johnson and Michael Kendrick, who both face charges related to the death of 7-year-old Hershall Creachbaum. Johnson's attorney argued detectives knew she was receiving disability benefits but did not know the nature of her disability, which could have impacted her ability to waive her rights. Kendrick's attorney argued he was intoxicated when he reported Creachbaum kidnapped. Prosecutors countered that detectives took steps to ensure the defendants understood their rights before questioning.

  • In July 2025, Hershall Creachbaum's body was found just hours after Kendrick reported him kidnapped on July 12th.
  • In November, motions were filed to suppress evidence on behalf of defendants Ashley Johnson and Michael Kendrick.
  • On February 20, 2026, Johnson and Kendrick appeared in court for motion to suppress hearings.
  • Judge Gerald Parker ordered simultaneous briefs to be submitted on March 27th.

The players

Ashley Johnson

A defendant facing charges related to the death of 7-year-old Hershall Creachbaum.

Michael Kendrick

A defendant facing charges related to the death of 7-year-old Hershall Creachbaum.

Hershall Creachbaum

A 7-year-old boy whose body was found in July 2025, just hours after Kendrick reported him kidnapped.

Cheryll Bennett

The attorney representing Ashley Johnson.

Michael Pentecost

The attorney representing Michael Kendrick.

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What they’re saying

“'You would agree with me that someone's who's receiving disability benefits, depending on the disability, it might impact their ability to waive their Miranda rights?'”

— Cheryll Bennett, Johnson's attorney (dayton247now.com)

“'She was able to read and write and communicate, so I didn't have any concerns with her understanding her rights,'”

— Detective Karina Sulek (dayton247now.com)

“'During that interview, did it appear to you that he was under the influence of alcohol at that time?'”

— Ann Gramza, Attorney for the state (dayton247now.com)

“'No,'”

— Detective Zachary Williams (dayton247now.com)

“'Again, is that because you had taken pains to ensure that he had received food, and sleep, and water prior to that interview?'”

— Ann Gramza, Attorney for the state (dayton247now.com)

What’s next

Judge Gerald Parker ordered simultaneous briefs to be submitted on March 27th, which will likely determine the outcome of the motion to suppress hearings.

The takeaway

This case highlights the complexities involved in properly obtaining Miranda waivers, especially when dealing with defendants who may have diminished mental capacity or were under the influence of substances. The outcome of these motions could significantly impact the prosecution's case against Johnson and Kendrick.