JAKE KIMBLEY - 2 yo - Winona TX

CPS takes remaining children in to state custody

Posted: Aug 22, 2012 2:58 AM CDT
Updated: Aug 22, 2012 5:49 PM CDT
By KLTV News Staff - email

WINONA, TX (KLTV) - Officials with Child Protective Services took Jake Kimbley's five siblings in to state custody Wednesday evening.

Smith County District Attorney Matt Bingham says an emergency protective order was signed Wednesday morning by Judge Carole Clark.

At 5:19 Wednesday evening, CPS arrived at the residence where the remaining children were staying with family members, and took them into state custody.

CPS says the children will be placed into foster care.

A man has been taken from the scene where the missing two-year-old East Texas boy was found dead Wednesday morning.

During the search for the missing boy, investigators discovered a neighbor was a sex offender, and was in violation of probation. A warrant was issued for his arrest Wednesday afternoon, but officials say he's not a suspect in the boy's death. Family members say the arrested individual is Jake's grandfather.

Lt. Larry Wiginton from the Smith Co. Sheriff's Office says that nothing has been ruled out as to the cause of this child's death. Wiginton says all deaths are treated as possible homicides, and that is the status of the investigation at this time.

According to Smith County JP, precinct 4 Judge Mitch Shamburger, Jake Kimbley's body was found in an underground septic tank around 1:30 a.m., Wednesday. Judge Shamburger said the inspection lid was off and the hole was about 10 inches in diameter.

Shamburger could not say how the lid to the septic tank was removed.

The two-year-old boy went missing around 1:00 p.m. Tuesday while playing hide and seek with another child. He is one of five children and has a twin brother.

Authorities are on still on the scene investigating at this time.

Judge Shamburger says they have not determined if it was accidental or not.

A sanitation service removed Jake's body from the septic tank on Wednesday. His body has been taken to Dallas for autopsy; preliminary results are expected back by Friday.

CPS is conducting an investigation alongside law enforcement.

On Tuesday, volunteers reported clothes and footprints were found near a creek near the home. Authorities are now saying no clothes were found, and knowing the children played at the creek often, they believe the footprint was made by Jake before he went missing.

http://www.ksla.com/story/19337952/missing-two-year-old-boy-found-dead

UPDATE: Parents named as suspects in 2-year-old's death

Posted: Aug 22, 2012 11:44 AM CDT
Updated: Aug 23, 2012 11:19 AM CDT
By Field Sutton

UPDATE August 23, 2012: TYLER (KYTX) - The Jackson Law Firm, PLLC released a statement on behalf of Jake Kimbley's family:

Other than to express their sincere appreciation for the prayers and thoughts of those in the community who have supported them, the family of Jake Kimbley will not be making any statement at this difficult time and thanks members of the media in advance for providing them with privacy and time necessary to work through this difficult situation.

UPDATE: SMITH COUNTY (KYTX) - Two-year-old Jake Kimbley's parents, Sabrina and David Kimbley, have been named suspects in his death. The Kimbley's other three children are in the custody of Child Protective Services tonight.

UPDATE: SMITH COUNTY (KYTX) - We talked with Smith County Justice of the Peace Mitch Shamburger, who gave us the basics on the inquest and the body being found in the septic tank.

We have also talked with a woman who was there for the entire search effort, including her description of the conditions of the home and that Jake's parents were laughing and smiling and didn't help with the search. The other kids in the home were taken by Child Protective Services on Tuesday and remain in CPS custody.

We are also told that an eight-year-old told law enforcement that he watched his dad "kick Jake into a hole." There are reports that a professional septic company came to the scene to open the septic tank before authorities could check for the body.

The parents were questioned by the FBI Tuesday night, and Jake's grandfather was arrested today for being a registered sex offender near kids.

The Tyler Morning Telegraph is reporting on the homicide investigation along with KYTX CBS 19 reporter Field Sutton.

An earlier version of this story attributed certain facts to Sheriff-Elect Larry Smith. Those facts did not come from Smith, and we regret the error.

UPDATE: SMITH COUNTY (TYLER MORNING TELEGRAPH) - A source close to the investigation of the death of a 2-year-old near Winona told the Tyler Paper this morning that the case is being investigated as a possible homicide.

Jake Kimbley, 2, was found dead on his family's property in a septic tank partially exposed above ground.

Multiple agencies, including fire departments, the sheriff's office and air support searched Tuesday afternoon for the toddler who went missing while playing hide-and-seek near Farm-to-Market Road 16 and U.S. Highway 271, according to dispatchers.

The Sheriff's Office is in charge of the investigation, officials said.

SMITH COUNTY (KYTX) - The Smith County Sheriff's Department confirmed Wednesday morning that a crime scene investigation team was going over the land surrounding a home in the 20300 block of FM 16 near Winona.

Multiple sources have confirmed to CBS 19 that 2-year-old Jake Kimbley was found dead some time after 1:00 Wednesday morning inside a septic tank on the property. The Sheriff's department would not comment on the location of the body.

Sheriff's deputies were interviewing the other children Kimbley was playing with Tuesday afternoon, trying to put together details of his last moments alive.

A hearse took Kimbley's body to a local funeral home around 11:30 Wednesday morning. The Sheriff's department confirmed it would undergo an autopsy.

http://www.cbs19.tv/story/19342318/missing-2-year-olds-death-under-investigation

East Texas Toddler Death Update: Child Protective Service's latest action

POSTED: Monday, August 27, 2012 - 6:48pm
UPDATED: Tuesday, August 28, 2012 - 10:22am
Teresa Sardina Reporter/Anchor

Tyler, TX — We continue our coverage of the 2-year-old, Jacob Kimbley's death. Investigation is still underway, as of now... autopsy results are still pending.

Justice of the Peace, Mitch Shamburger, tells KETK autopsy results will be in soon and that lab work is being done.

KETK follows up with Child Protective Services, Shari Pulliam, tells KETK that the five children have been separated in foster homes. Pulliam says, the children are talking and are healthy and have accepted what they have been told by Child Protective Services.

KETK asked Pulliam what the children's physical condition was at the time of removal.

"They were quite dirty when we removed them from the home, the home conditions did concern us, so that's why we did take them into foster care, so we can continue our investigation alongside law enforcement about what really happened out there that day when the 2-year- old child died, said Shari Pulliam."

The condition of the home and kids were enough to remove them from the home.

CPS is working with law enforcement to determine whether the children will be released to the parents, but that action depends on the outcome of investigation.

Pulliam says, visits with the Kimbley children and their parents are set for a later date, and that visited will be supervised by the CPS office.

We will update as this case develops and when autopsy results are in.

http://www.ketknbc.com/news/east-texas-toddler-death-update-child-protective-services-latest-action-0

'Only the children know' says Jake Kimbley's grandmother

Posted: Aug 28, 2012 5:49 PM CDT
Updated: Aug 28, 2012 5:59 PM CDT
By Jena Johnson

SMITH COUNTY, TX (KLTV) - The complete autopsy of an East Texas toddler found dead in his family's septic tank is expected to be released by Wednesday.

Jake Kimbley, age two, was found in the tank early Wednesday morning. Since the investigation into Jake's death began, CPS has removed five other children living in the house.

Laura Harber, Jake's grandmother, said in an interview last week that she believes it was a "child's game gone bad." She says she believes only Jake's siblings know what happened to him.

"I may not be able to kiss him in person, but I can kiss him this way," said Harber holding a picture of Jake.

It's been nearly a week since Harber's grandson, Jake, was found dead in a septic-tank behind his home. His grandmother says he and his siblings were playing hide-and-go-seek. She says it was then, something went terribly wrong.

"I honestly can't say," she said. "I mean they're kids. You know they were all just playing. I honestly don't know what happened. Only the kids know.

Authorities removed five children from the home, citing, unsafe living conditions.

"In the home, as we put in our motion, had severe roach infestation, there were environmental hazards in that home that we believe pose a serious risk to the remaining children if they should live in the home," said Matt Bingham, Smith County District Attorney.

"It's not even anywhere near what anybody said," said Harber. "She's [Sabrina Kimbley, Jake's mother] a good mom and she keeps the house cleaned up I mean until this tragic hit. But a family of eight, you're going to have a lot of laundry. That's just all there is to it. You're going to have a lot of dishes, but it was clean until the police came in and destroyed it."

As the case unfolds, authorities work to find the truth as to what happened to Jake. His grandmother looks to Jake's photograph, as a reminder to keep going.

"It was his smile that could get him out of everything and it did get him out of everything," she said. "He was a beautiful boy."

On Thursday afternoon at 1:30, a routine child custody hearing will be held regarding what rights the Kimbley's have to their remaining five children.

http://www.kltv.com/story/19400676/only-the-children-know-says-jake-kimbleys-grandmother

Speculation swirls around Jacob Kimbley's death

POSTED: Wednesday, August 29, 2012 - 7:17pm
UPDATED: Thursday, August 30, 2012 - 10:23am
Teresa Sardina, Reporter/Anchor

Smith County, TX — This is an intense week for the Kimbley family, the children and for everyone involved in this case.

It's been a week of studies to determine the cause of death of Jacob Kimbley. Autopsy results are in... but it's not what everybody wanted to hear.

2-year-old, Jacob Kimbley's death has caused a lot of speculation. Whether is was a game of hide and seek that had gone bad or foul play. The body was discovered in a fiber glass septic tank near the Kimbley home 12 hours after the toddler was reported missing.

Law Enforcement has been investigating the case to figure out what really happened at the Kimbley's home August 21.KETK spoke with Mitch Shamburger, Justice of the Peace, to get answers on the results.

He says the autopsy results are in but still pending, they haven’t figured our a conclusion to the cause of death. Shamburger tells KETK, the body was sent to Southwest Forensic Center in Dallas and is working with the pathologist. He describes the process of this case.

CPS is not involved with the criminal filings, a hearing is set for Thursday with David and Sabrina Kimbley and CPS to determine what's best for the 5 Kimbley children.

The hearing will result in whether the children will remain in CPS custody or return to their parents.

http://www.ketknbc.com/news/speculation-swirls-around-jacob-kimbleys-death

Jake Kimbley's parents indicted on child endangerment charges

Posted: Aug 30, 2012 4:21 PM CDT
Updated: Aug 30, 2012 5:05 PM CDT
By Elizabeth Thomas

SMITH COUNTY, TX (KLTV) - The parents of toddler Jake Kimbley, whose body was found inside a septic tank near his family's home, are facing charges.

David and Sabrina Kimbley have been indicted on child endangerment charges.

Both David and Sabrina are charged with 13 counts each of child endangerment for the living children.

Each of the 26 total counts are state jail felonies.

The bond on each indictment is $100,000, totaling a $1.3 million bond each.

Sabrina refused the court-appointed attorney; her attorney remains Reeve Jackson.

David accepted the court-appointed attorney, Zack Davis.

Both Sabrina and David have been placed under arrest, but have not yet been transported to the Smith County Jail.

Jake went missing last Tuesday afternoon. He was found last Wednesday morning around 1:30 in his family's septic tank, about 15 feet behind the house in the woods.

The autopsy results on Kimbley have come back twice as pending. More conclusive results are expected in about a month.

CPS took five children living in the Kimbley home into state custody last week. A routine hearing to determine what kind of rights the Kimbleys have to the remaining children will be Thursday afternoon.

The investigation into the capital murder of Jake Kimbley is still underway.

We're working on more details on the Kimbley's indictment. Stay tuned to KLTV 7 and KLTV.com for the absolute latest.

http://www.kltv.com/story/19421674/jake-kimbleys-parents-indicted-on-child-endangerment-charges

Wow I wasn't expecting this story to go this way. I thought they might find that the kids were playing hide and seek and the little boy fell in through the septic tank hole by accident. I guess we'll find out soon.

Child custody hearing held for Kimbley parents

Posted: Sep 07, 2012 3:55 PM CDT
Updated: Sep 07, 2012 4:32 PM CDT
By Elizabeth Thomas

SMITH COUNTY, TX (KLTV) - The parents of two-year-old Jake Kimbley, whose body was found in a septic tank behind his family's home just hours after he was reported missing, were in court Friday for a custody hearing on the remaining five living children.

David and Sabrina Kimbley, who are both held in the Smith County Jail, were denied access to their children in court on Friday.

The Kimbleys were also denied possessory conservatorship, which would've allowed them to retain legal rights to their children and allowed them to communicate with the kids.

The presiding judge, Judge Carole Clark said if the parents had possessory conservatorship, it would endanger the children. She continued that it was in the best interest of the kids to remain in foster care.

Matt Thigpen, an attorney working on the case says the decision is temporary, and the Kimbleys will have another custody hearing in about a month.

A second attorney working on the case, Cameron Castleberry says a man who lives out-of-state took part in the hearing by phone. Castleberry says that man is the biological father of one of the Kimbley's children.

Attorneys say the out-of-state man is being considered as a possible placement alternative for the one child.

http://www.kltv.com/story/19486888/child-custody-hearing-held-for-kimbley-parents