Couple facing capital murder, child endangerment charges in court for pre-trial hearing


TYLER (TYLER MORNING TELEGRAPH) - Judge Jack Skeen Jr. received files this morning from a Child Protective Services worker relating to an investigation of the home and children of a couple charged with multiple counts of child endangerment.

The same couple, David James Kimbley, 39, and his wife, Sabrina Kimbley, 28, is also under investigation for capital murder in the death of their 2-year-old son in August.
Kimbley and his wife are each charged with 13 counts of child endangerment, state jail felonies. Both Kimbleys were in the Smith County 241st District court for a pre-trial hearing on Monday and their child endangerment trial is set to begin on March 18, 2013.

Smith County District Attorney Matt Bingham said on Nov. 14 that the pair is still under investigation for capital murder because their 2-year-old son, Jacob Kimbley, was found dead in a septic tank at the family residence on Aug. 22.

The body was recovered after an exhaustive search, which used dogs, multiple law enforcement agencies, ALERT Academy members and heat-seeking helicopters. The child was reported missing Aug. 21.

The couple's remaining children were removed and placed in CPS custody from the residence at 20341 Farm-to-Market Road 16 that law enforcement said was one of the most "disgusting homes" they had ever been inside.

"Information led to the discovery of Jacob Kimbley's body from the septic tank," officials said, adding the lid was closed on the tank when the body was found. Bingham said in August he could not confirm the lid was on or off of the tank. "Whether the lid was on or off the septic tank is very relevant to the case and is one very important factual piece of evidence," he said.

Officials said the home's roach infestation was so severe that the bugs were falling from the ceiling onto officers as they searched for evidence on a search warrant obtained August 22.

According to the court documents, David Kimbley was arrested in 2003 for driving while intoxicated, but no criminal history was found on his wife. The same documents also state the Kimbleys refused to allow their remaining children to be interviewed by child psychologists.

In addition to the investigation of his parents, the child's grandfather, Leo Harber, was arrested Aug. 22 for violating probation as a registered sex offender by living next to children at the location.

Bingham said the FBI, Smith County Sheriff's Office, Texas Rangers and Department of Public Safety along with his office and CPS are investigating the case. Autopsy results on the child's body were inconclusive. Officials at the scene in August said the body appeared to have been submerged for quite some time.
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