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Capital murder arrest in Cherry Walker case

SMITH COUNTY (KYTX) - Arrest affidavits reveal that DNA evidence has been discovered on a container near Cherry Walker's body, the DNA belongs to Kimberly Cargill. That

SMITH COUNTY (KYTX) - Arrest affidavits reveal that DNA evidence has been discovered on a container near Cherry Walker's body, the DNA belongs to Kimberly Cargill. That evidence played a crucial part in charging Cargill with capital murder.

The 43 year old is accused of murdering Walker to keep her from testifying against Cargill in a child custody case. CBS 19's Anthony Austin saw Cargill in court this morning.

Kimberly Cargill has been behind bars here at the Smith County Jail for more than a month. She's been busy communicating with friends to change her computer passwords and move evidence apparently to throw off investigators in two separate investigations.

Dressed in a pair of jeans and a purple blouse. Kimberly Cargill stood quietly before Judge Jack Skeen in a Smith County courtroom Friday morning. "You are accused of the criminal offense of capital murder."

This arrest affidavit reveals that an important piece of evidence in the capital murder charge is a container found on the ground between the knees of Cherry Walker's body. Cargill's DNA was discovered on that container. Walker's body was found partially burned along a Smith County road in June.

The 29-year-old was scheduled to testify as a witness in Cargill's child custody case. "The allegations that are presented in the documents show Cargill took her life as a potential witness. She did not have the opportunity to testify."

While in jail, arrest affidavits show Cargill has been in contact with at least three people. One is an old, high school acquaintance. Cargill asked her to take clothes from her home, items that could be possible evidence in the murder case.

The affidavit also shows that Cargill was planning to mail a letter to the female friend with a list of accounts, user names, and passwords.

One of those passwords is to Cargill's cell phone, which is in the possession of Smith County Sheriff's department.

Cargill told her friend that she could change the password to the cell phone from a landline. "She is currently being held this morning on felony injury to a child."

Cargill is facing another charge of injuring one of her children. While in jail, Cargill asked a male friend to remove an orange bicycle that could be evidence in the CPS case. He complied. That bike was later discovered at the man's residence by a Sheriff's deputy.

There are two separate investigations now underway. Kimberly Cargill is at the center of both.

We also spoke with the mother of Cargill's high school friend. She said Cargill was in jail when she called her house, and she was crying. The mother thought this was unusual, because she had not seen Cargill for more than 20 years.

Cargill's ex-husband was in the courtroom this morning. We spoke with him right after the arraignment. He says his son is actually the child Cargill is accused of abusing. He says he was married to Cargill for only a year.

Cargill is jailed on bonds totaling $1.5 million. She's charged with injury to a child, her son, as well as the capital murder of Cherry Walker.