Citing Complaints, Grandparents Say 'System Failed' Boy Who Allegedly Predicted Dad Would Kill Him
Grandfather Phil Bogue said Nakota Kelly's mom filed numerous complaints with Indiana's Department of Child Services
The boy's grandparents discussed the open case in an interview with the paper, and said the boy's mother had complained numerous times to the agency about his father.
"The system failed Nakota – that's the bottom line," said Phil Bogue, speaking to the paper about Nakota, who is presumed dead after spending last weekend with his non-custodial father. "The system failed Nakota and it cost him his life."
The Star accessed court documents in confirming the active DCS case.
Anthony Dibiah, 37, has been charged with murder in the death of Nakota, whose body is still missing.
Ahead of a court-ordered weekend visit with his father, Nakota allegedly told his mother he would not be coming back alive, according to a probable cause affidavit cited by the Star.
"Oh, I'm dead," the boy allegedly told his mother after learning he'd be spending the weekend with his dad. "Don't expect me to come home — my dad is going to kill me."
According to the Star's report, Nakota's mother reported her son's comments to his caseworker on July 14. Police believe the boy was killed on July 18.
According to the affidavit, as reported by the Star, Dibiah allegedly confessed to the killing in calls to a friend and a relative. He also allegedly texted Nakota's mother, writing, "My son is in Heaven."
Confidentiality laws prohibit the DCS from commenting on child abuse and neglect cases. It is unclear why the state had an open case on Nakota.
PEOPLE's call to the agency seeking more information on Nakota's case was not returned Thursday.
The boy's grandparents, Phil and Debbie Bogue, told the Star Dibiah allegedly starved Nakota during visits, and at times, completely ignored the boy.
"The court system always just didn't have enough information," Phil Bogue said. "'There's not enough. We have to drop the case.'"
Police believe Nakota was killed in his father's apartment, according to the affidavit.
In the two calls he made after the killing, Dibiah allegedly confessed to suffocating the boy with a plastic bag, and said he disposed of the body, but failed to say where.
Police arrived at his home on Sunday to find what appeared to be "blood spatter, blood smears and brain matter" in the apartment's bathroom.
There was also a small amount of blood in the apartment's entrance, the affidavit states, according to the Star.
Dibiah was arrested on Sunday. PEOPLE confirms he has been charged with one count of murder and is being held without bond.
He has not entered a plea, and it was unclear if he has an attorney.
Want to keep up with the latest crime coverage? Sign up for PEOPLE's free True Crime newsletter for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.
The grandparents described Nakota as a sweet-natured, typical boy his age: He had a love of football, baseball and Marvel superheroes, and he enjoyed eating at McDonald's.
"I just look at Nakota's picture and see this big, trusting smile," Debbie Bogue, who Nakota called Mamaw, told the Star. "And I just think of all the people that have let him down.”
The grandmother said she recently took Nakota shopping for his 10th birthday present. She handed him $30 and drove him to the store to spend it. She said during the drive, Nakota reached over the backseat to hug her.
"You're the best mamaw ever," he told her.
"He was so appreciative of just the littlest things," Bogue said.