Boy, 10, ‘feared he’d be killed before his dad stuffed him in suitcase until he stopped breathing’
A FATHER has been accused of fatally suffocating his 10-year-old son and dumping his body inside a suitcase days after the boy texted his mom "don't expect me to come home."
A distant cousin of Anthony Dibiah called police on July 18 and said the 37-year-old father claimed he killed his son Nakota Kelly.
"I just killed my son! I just killed my son!" Dibiah cried to his cousin on Saturday, according to a probable cause affidavit filed in .
obtained a copy of the affidavit, which said he told the relative he suffocated his son with a plastic bag because of ongoing custody issues.
The distant relative in told when Dibiah called to say he killed his son, he said it was because Nakota's mom had given him a hard time and cost him a lot of money in court.
On Sunday, a friend of Dibiah's called the police to let them know the alleged murderer asked to borrow a suitcase and revealed he needed it to dump Nakota's dead body.
"Anthony said he used a bag to suffocate his son until he stopped breathing," Indianapolis Metropolitan Police Department Detective Jonathan Schultz wrote in the affidavit.
"Anthony told (the friend) he then took his son to the bathroom to make sure he was dead and he has now dumped the body."
After the second 911 call, cops raced to do a wellness check at an apartment complex in Indianapolis, where IMPD officers said they found a "crime scene" at 11:45am.
"Blood spatter, blood smears and brain matter" covered several surfaces inside the apartment bathroom as well as blood in the entryway - but Nakota was nowhere to be found, according to the affidavit.
CCTV footage showed Dibiah made three trips to load something into his Jeep at 8:30am Sunday, and video showed him dumping a bag into the complex's dumpster.
Nearly a week before his disappearance, Nakota told his mom he was afraid to spend the weekend at his dad's house, court records show.
The boy said Dibiah was angry because he'd hung up on him the last time they spoke.
"Oh, I'm dead. Don't expect me to come home." Nakota told his mother, according to the affidavit.
"My dad is going to kill me."
His mother reported the chilling conversation to a caseworker with the Indiana Department of Child Services that same day on July 14, the affidavit says.
On Sunday, Nakota's mom reached out to the caseworker again after Dibiah sent her a text a 2:01pm that read: "Sometimes I hear voices. My son is in Heaven."
She also shared a heartbreaking post about his disappearance on Facebook, saying: 'I need help my son's dad ran with Nakota."
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Dibiah was apprehended by State Highway Patrol officers as he was driving through into at around 4pm on Sunday.
He's now behind bars at the Macon County Jail and was charged with murder on Monday after IMPD investigators said they had "evidence to believe" the child was dead, according to .
Cops searched for Nakota on Sunday, but have not yet recovered his remains.