Parents under investigation in death; toddler found dead in sept - KYTX CBS 19 Tyler Longview News Weather Sports

UPDATE (8/29/12): A preliminary autopsy report was released, saying Jake's cause of death is still pending.

 

"The pathologist is doing his job, making sure that the T's are crossed and the I's are dotted," Smith County Precinct 4 Justice of the Peace Mitch Shamburger said. "And when he does make a conclusion, I can make a conclusion based on his conclusion and the other evidence."

 

Shamburger said the final ruling on a cause of death could be months away.

 

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UPDATE: Reeve Jackson, attorney for David and Sabrina Kimbley released the following statement Thursday.

 

"We appreciate those who are taking a deliberative approach to this developing tragedy.  There is no greater loss to a parent or to a community than the death of one of its children and the Kimbley family is grateful for the prayers and support that so many have offered. 

While it is unfortunate to have to do so during this trying time, circumstances have developed that necessitate a response from the Kimbley family.  Specifically, any reports as to inappropriate behavior on their part during the search for their son is entirely false.  The tears they have cried, and continue to cry, are as real as they are plentiful.  During the investigation the family cooperated with law enforcement and wanted nothing more than to see the safe return of their son.

At this time, the Kimbley family remains committed to working to see a just outcome for their son and the reuniting of their family under happier circumstances."

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SMITH COUNTY (TYLER MORNING TELEGRAPH) - The parents of a missing Smith County 2-year-old boy found dead in a septic tank Wednesday are now the focus of a capital murder investigation, according to court documents.

After an exhaustive search, which used dogs, multiple law enforcement agencies, ALERT Academy members and heat-seeking helicopters, Jacob Kimbley's body was recovered early Wednesday from a septic tank at his residence. He was reported missing Tuesday afternoon.

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

The couple's remaining children have been removed 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.
Smith County District Attorney Matt Bingham said 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.

What Bingham did confirm was his office filed an emergency removal of the remaining children from the home and from other family members. The children are now in Child Protective Services custody.

The Tyler Morning Telegraph obtained court documents that show Sabrina and David Kimbley "are under investigation for capital murder of their 2-year-old son Jacob Kimbley…"

The documents state that before CPS was called to the scene, the parents placed their remaining four children with an uncle, but a CPS investigation into the uncle showed he was released from jail on Tuesday on a driving while intoxicated charge and cannot drive.

The court documents detailed some of the conditions of the home.

"The home has a severe roach infestation and there is exposed wiring in the home. Those environmental hazards pose a risk to the children's safety and well-being."

Officials said the roach infestation was so severe that roaches were falling from the ceiling onto officers as they searched for evidence in the home on a search warrant obtained Wednesday.

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 documents also state that the Kimbleys refused to allow their remaining children to be interviewed by child psychologists.

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.

The child's body was sent to Southwest Institute of Forensic Sciences in Dallas for an autopsy scheduled for early today.

Officials at the scene said the body appeared to have been submerged for quite some time.

"We are hoping an autopsy will shed light on the cause and manner of death," Bingham said.