Print Page - Jake Kimbley 2 Years Old Missing 8/21/2012 Smith County Texas (Near Winona) Found Deceased

http://www.kltv.com/story/19333448/search-underway-for-missing-2-year-old-in-smith-county

Search for missing toddler to go through the night

Posted: Aug 21, 2012 3:29 PM CDT
Updated: Aug 21, 2012 10:44 PM CDT
By Elizabeth Thomas - email

SMITH COUNTY, TX (KLTV) -

Thermal imaging helicopters have joined in the search for a 2 year old boy who went missing Tuesday while playing a game of hide and seek.

An official with the Smith County Sheriff's Office says three kids were playing hide and seek in a densely-wooded area near FM 16 and CR 373 near Winona, when one child, a two-year-old boy, went missing.

The boy, Jake Kimbley, is described as a two-year-old, weighing about 30 lbs, wearing a red, green and blue onesie with tan pants, and no shoes. On Tuesday night, crews found Jake's clothes and a footprint at a nearby dry creek bank.

Jake was last seen behind his home around 1 Tuesday afternoon.

The Smith County Sheriff's Office says the missing boy is reportedly mentally challenged.

Twenty units, along with local fire departments and an air unit are involved in the search.

::snipping2::

(http://kltv.images.worldnow.com/images/19333448_BG3.jpg)

http://www.12newsnow.com/story/19333697/authorities-searching-for-2-year-old-in-winona-area?clienttype=printable

Search continues for missing toddler in Winona area

Posted: Aug 21, 2012 3:51 PM CDT
Updated: Aug 21, 2012 10:59 PM CDT

UPDATE: WINONA/SMITH COUNTY (KYTX) - The Alert Academy from Big Sandy has been called out.

They have a number of people on the ground. The sheriff's dept has also brought out ATVs and horses.

There are also still fire crews and EMS helicopters scouring the area for little Jake.

Sgt. Hughes with the Smith County Sheriff's Office says he last seen behind his house playing with other children.

He was wearing a red, blue and green striped shirt. He is believed to be barefoot somewhere in the woods.

::snipping2::

http://www.ketknbc.com/news/update-search-continues-for-missing-special-needs-toddler

UPDATE: Search continues for missing special needs toddler
NEWS
Nicole Underwood
Assistant News Director/ KETK News

POSTED: Tuesday, August 21, 2012 - 7:16pm
UPDATED: Tuesday, August 21, 2012 - 9:25pm

SMITH COUNTY — UPDATE (7:30pm): Officials tell KETK, they have found a footprint of the missing boy at a home about 1000 feet away from the house where Jacob went missing.

UPDATE (6:45pm): The boy's grandmother tells KETK crews on the scene that she believes Jacob may have been taken from the property just before 2:00.

Officials have not confirmed this information, but the woman says she saw a vehicle drive away around that time.

KETK will continue to provide updates as the search for the toddler continues.

ORIGINAL STORY: Smith County officials are searching for a missing toddler in the Winona area.

The child is a two year old white boy, about three feet tall, wearing a striped onsie with khaki shorts and no shoes.

Officials tell KETK, the child, Jacob, is mentally disabled, and does not speak.

The boy went missing around 2:00pm on Tuesday from a private residence on FM 16, just off of Highway 271.

Smith County officials say that the child was reportedly playing hide and seek when he went missing, no word on whether the child was being supervised at that time. Two other children were also playing hide and seek, but are unharmed.

::snipping2::

(Pictures and Video at the link)

::MonkeyNoNo::

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

Missing Smith Co. toddler's body found in septic tank

Posted: Aug 22, 2012 2:58 AM CDT
Updated: Aug 22, 2012 11:47 AM CDT
By Dia Wall - bio | email

WINONA, TX (KLTV) -

A missing two-year-old East Texas boy has been found dead this morning.

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

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 tells us they have not determined if it was accidental or not.

::MonkeyNoNo:: ::MonkeyMad::

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

Smith County investigates 2-year-old's death as homicide

Posted: Aug 22, 2012 11:44 AM CDT
Updated: Aug 22, 2012 5:39 PM CDT
By Field Sutton - bio | email

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.

::snipping2::

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

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.kltv.com/story/19354896/more-details-needed-after-preliminary-autopsy-on-toddler

Microscopic tests and studies to be conducted on toddler's body

Posted: Aug 23, 2012 3:59 PM CDT
Updated: Aug 23, 2012 5:59 PM CDT
By Taylor Hemness - bio | email
and Melanie Torre - email

SMITH COUNTY, TX (KLTV) -
As the investigation into Jake Kimbley's death continues, the preliminary autopsy report is returning few answers.

That report came back Thursday afternoon, as "pending." That's according to the Smith County Justice of the Peace Mitch Shamburger who pronounced Jake dead Wednesday morning.

According to Shamburger, the autopsy was conducted Thursday morning, but it was not conclusive. That means it's still not clear what the toddler's cause or manner of death is.

Now, the pathologist will conduct more microscopic tests and studies on the body. Those studies will take more time, but will hopefully yield more information.

It's been two days since Jake Kimbley was reported missing, just one day since his home was declared a crime scene.

At this point, District Attorney Matt Bingham says the Kimbley parents are not being named suspects, nor are they being ruled out.

"They're people that we're looking at in the on-going investigation, but I certainly don't want people to draw the conclusion," says Bingham, "That they did do it or that they didn't do it. That's what the evidence is for."

Right now the case is being treated as a homicide until authorities can say for sure that what happened to Jake was an accident.

Bingham says, "We're going to treat it has a homicide case and a capital murder investigation until the evidence leads us either that way or the evidence shows it was accidental."

The autopsy results are what will hopefully bring those answers, shedding light on Jake's cause and manner of death.

"The investigation is in the very, very early stages. The crime scene has not been released," Bingham explained,"We're in the process of gathering evidence and waiting on certain evidence."

::snipping2::

http://www.kltv.com/story/19347021/still-no-official-suspects-in

Authorities: Autopsy results expected in 2-year-old's death by Friday

Posted: Aug 22, 2012 9:12 PM CDT
Updated: Aug 23, 2012 1:48 PM CDT
By Taylor Hemness - bio | email
By Stephanie Frazier - email

SMITH COUNTY, TX (KLTV) -
Thursday morning, several investigators were walking the scene where a two-year-old boy lost his life. Crime scene tape remains wrapped around the home, but was removed from the long dirt driveway leading to the scene of his death.

Smith County District Attorney Matt Bingham, along with another prosecutor, was on the property, but had no comment about the current state of the investigation.

The Net Health Mosquito Director for Smith county and the City of Tyler was also on the scene. He stated that they were asked by the DA's office to assist in the investigation, but was unable to specify how they were assisting.

::snipping2::

On Wednesday evening, Smith County District Attorney Matt Bingham spoke about the investigation; he says that right now, the case has to be treated as a homicide until it's proven that it was not.

Wednesday evening, Child Protective Services took custody of five other children in Jake's family after the Smith County DA's Office filed paperwork that said they are investigating this death as a homicide.

"The family of the child took the remaining children, the living children, to an individual to stay with this individual who was just released from jail yesterday," Smith County District Attorney Matt Bingham said. "And that was one reason that concerns us. Another, in the home, as we put in our motion, had severe roach infestation. There were environmental hazards in that home that we believed posed a serious risk to the remaining children should they remain in the house, and we put that in the motion."

Bingham said that until the investigation is concluded, no one can be ruled out as a subject of the investigation.

"I'm very cognizant of the fact that these are two parents that have lost a child. The reality of it is, though, that they are people we look at because we're going to look at everyone until we can say they're not involved. And we're going to carry it as a homicide until we can say that it's otherwise," Bingham said.

District Attorney Bingham also said that as long as the case is being treated as a homicide, it is a capital murder investigation, solely because of Jake's age.

The autopsy is being preformed Thursday morning, and the District Attorney's Office said it could be Friday before the results are in.

Jake's grandfather was arrested Wednesday on a charge of violating his sex offender probation. Authorities stress that, while his sex offender status was the part of the reason that Jake's siblings were removed from the home, his arrest was not related to Jake's death.

http://www.kltv.com/story/19353571/kimbely-family-attorney-

Kimbley family attorney addresses 'gossip'

Posted: Aug 23, 2012 1:41 PM CDT
Updated: Aug 23, 2012 3:39 PM CDT
By Michael Thompson - email
and Melanie Torre - email

TYLER, TX (KLTV) -
KLTV just spoke with Reeve Jackson, who is representing Sabrina Kimbley.

Regarding statements from other media about Jake's dad kicking him in a hole, Jackson confirms the father was at work when the child was reported missing. He also says there is no 8 year old in the family. There is a 9 year old. This is consistent with what law enforcement working on this case have told KLTV.

Regarding Sabrina's alleged confession, Jackson said Sabrina did have conversations with law enforcement before he became involved with the case so he cannot say what was said between the mother and officials because he does not know.

He said Sabrina is cooperating with law enforcement.

He also says he's "working on a release" to clear those things up to other media shortly.

The following statement was released on behalf of the Kimbley family, via The Jackson Law Firm:

We appreciate those members of the media 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 are 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.

Read from bottom up. Other previous information/updates at link. Lots of photos included at link below.

http://www.ketknbc.com/news/update-smith-county-toddler%E2%80%99s-death-being-treated-as-homicide
Update: Smith County toddler’s death being treated as homicide
Posted August 22, 2012, Updated August 24, 2012

SMITH COUNTY — UPDATE (9:51 PM): The death of the 2 yr. old little boy in Smith County is now being treated as a homicide. However, Smith Co. District Attorney Matt Bingham tells KETK, all cases like this are investigated as homicides unless evidence proves otherwise.

Bingham says, they are in the very early stages of the investigation. And because of that, they can't say it's accidental. They will now collect evidence, talk with witnesses, wait on the autopsy results and continue their investigation.

At this time, Bingham tells KETK, everyone is considered a "person of interest." He says, they are looking at everyone, including Jacob's parents, until evidence says they're not involved. No one, at this time, is considered a suspect.

UPDATE (5:30pm): Authorities with Child Protective Services tell KETK, the other children in the home were removed around 5:00pm on Wednesday.

They will be placed in foster care.

UPDATE (2:28pm): The toddler was found in a fiberglass septic, according to Justice of the Peace Precinct 4 Judge Mitch Shamburger.

The boy's body has been sent to Dallas for autopsy. The results are expected by the end of this week.

Judge Shamburger could not say whether the death was accidential or if foul play was involved.
::snipping2::

Quote

KLTV.com-Tyler, Longview, Jacksonville, Texas | ETX NewsOfficial: Inspection cover lid to septic tank easily removable
Posted: Updated:
By Melanie Torre
8/27/2012 ::snipping2::Smith County Precinct 4 Judge Mitch Shamburger drew a picture of the septic tank lid in an effort to better explain what exactly Jake was under. Judge Shamburger was on the scene and pronounced Jake dead around 1:30 a.m. Wednesday.

Judge Shamburger says the green part in the picture (see right) is the dome-like cover. That cover is about 36 inches in diameter. The black hole is the "clean out" or "inspection hole." That opening is about 10 to 12 inches in diameter. The black hole is how the sanitation companies clean out the tank.

Judge Shamburger says it's still unclear if the lid to the inspection hole was on or off, but he did say it is easily removable.

Another photo of a septic tank lid online (see right) shows a lid similar to the one on the tank Jake was inside. Except, the Kimbley family's septic tank wasn't cracked and it only had one inspection hole, not two.

http://www.kltv.com/story/19389554/official-inspection-cover-lid-to-septic-tank-easily-removable (http://www.kltv.com/story/19389554/official-inspection-cover-lid-to-septic-tank-easily-removable)

I can't see the illustrations on my computer so I am still not sure how the little boy was suppose to have fallen into a 10" hole. Its not impossible, just unlikely. ::CowboySmiley::

Quote from: flutter1 on August 28, 2012, 03:56:50 PM

Quote

http://www.kltv.com/story/19389554/official-inspection-cover-lid-to-septic-tank-easily-removable

(http://kltv.images.worldnow.com/images/19389554_BG1.jpg)
Septic Tank Lid Drawing by Mitch Shamburger.
(http://kltv.images.worldnow.com/images/19389554_BG2.jpg)
Septic tank lid similar to Kimbley family's.

::snipping2::
Smith County Precinct 4 Judge Mitch Shamburger drew a picture of the septic tank lid in an effort to better explain what exactly Jake was under. Judge Shamburger was on the scene and pronounced Jake dead around 1:30 a.m. Wednesday.

Judge Shamburger says the green part in the picture (see right) is the dome-like cover. That cover is about 36 inches in diameter. The black hole is the "clean out" or "inspection hole." That opening is about 10 to 12 inches in diameter. The black hole is how the sanitation companies clean out the tank.

Judge Shamburger says it's still unclear if the lid to the inspection hole was on or off, but he did say it is easily removable.

Another photo of a septic tank lid online (see right) shows a lid similar to the one on the tank Jake was inside. Except, the Kimbley family's septic tank wasn't cracked and it only had one inspection hole, not two.

How exactly Jake got into the septic tank still has yet to be determined. While investigators continue to determine if what happened to Jake Kimbley was an accident, his five siblings remain in foster care in the custody of child protective services.

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

BREAKING NEWS
Jake Kimbley's parents indicted on child endangerment charges

Posted: Aug 30, 2012 4:21 PM CDT
Updated: Aug 30, 2012 4:54 PM CDT
By Elizabeth Thomas - email

(http://kltv.images.worldnow.com/images/19421674_BG2.jpg)
David Kimbley. (Source: Gregg County Jail)

(http://kltv.images.worldnow.com/images/19421674_BG3.jpg)
Sabrina Kimbley. (Source: MySpace)

(http://kltv.images.worldnow.com/images/19421674_BG4.jpg)
Sabrina and David Kimbley in cuffs in a Smith County courtroom on Thursday.

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 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.

Both David and Sabrina refused the court-appointed attorney. Sabrina's attorney remains Reeve Jackson.

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.

::snipping2::

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

Child custody hearing held for Kimbley parents

Posted: Sep 07, 2012 3:55 PM CDT
Updated: Sep 07, 2012 3:56 PM CDT
By Elizabeth Thomas - email

(http://kltv.images.worldnow.com/images/19486888_BG1.jpg)
David Kimbley. (Source: Smith County Jail)

(http://kltv.images.worldnow.com/images/19486888_BG2.jpg)
Sabrina Kimbley. (Source: Smith County Jail)

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 he is the biological father of one of the Kimbely's children.

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

Quote from: texasmom on September 07, 2012, 05:46:51 PM

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

Child custody hearing held for Kimbley parents

Posted: Sep 07, 2012 3:55 PM CDT
Updated: Sep 07, 2012 3:56 PM CDT
By Elizabeth Thomas - email

(http://kltv.images.worldnow.com/images/19486888_BG1.jpg)
David Kimbley. (Source: Smith County Jail)

(http://kltv.images.worldnow.com/images/19486888_BG2.jpg)
Sabrina Kimbley. (Source: Smith County Jail)

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 he is the biological father of one of the Kimbely's children.

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

BBM Why did this hearing even take place if both parents are still in jail? Waste of taxpayers' money for the public defenders, and the court's time. As a resident of the State of Texas, I object! Like anyone cares what I think. ::CowboySmiley::

I have been looking for statistics on how many people die accidentally in septic tanks a year. I found the number 50 from this sourcehttp://www.beasleyfirm.com/personal-injury/the-family-of-a-toddler-that-died-after-falling-into-a-septic-tank-due-to-faulty-lid-cover-awarded-21-million/ (http://www.beasleyfirm.com/personal-injury/the-family-of-a-toddler-that-died-after-falling-into-a-septic-tank-due-to-faulty-lid-cover-awarded-21-million/), but I am not sure where the author came up with it. In all the reports that I found of children dying "accidentally" in septic tanks, there was some defect in the system which allowed the child to fall through to the actual tank. Sometimes the lids had been removed or had cracked; sometimes the concrete tank lid or the pipes leading to it had large breaks in them.

The point is that these systems had major flaws in them which the parents of children living on the property should have been aware of and corrected. Even if Jake fell into such a system, his death IMHO would be considered gross neglect on the part of his parents for allowing such a hazard to exist. ::CowboySmiley::

Quote from: flutter1 on September 08, 2012, 10:40:38 AM

Thanks for the info on the septic tanks. Having lived in the country most of my life, I am aware of the dangers and was made aware of the dangers as a small child. It is unfortunate, well more than unfortunate, that many parents today do not think about being parents and the safety of their children. That is learned behavior and somehow they missed or weren't paying attention to those lessons.
Rest in peace Jake.

http://www.kltv.com/story/22280896/plea-agreement-reached-for-sabrina-kimbleyplea-agreement-reached-for-sabrina-kimbley-sentenced-to-4-years-in-prison

Parents of ETX boy found dead in septic tank sentenced on other charges

Posted: May 17, 2013 9:13 AM CDT
Updated: May 17, 2013 6:27 PM CDT
By Melanie Torre - bio | email

Friday, the parents of an East Texas boy found dead in a septic tank last summer pleaded guilty to child endangerment. They will serve four years in jail.

The charges and jail time are not related to the on-going investigation into their son, Jake Kimbley's, death. More charges could be filed later in connection to the Jake's case.

Nine months after being arrested on child endangerment charges, David and Sabrina Kimbley entered a plea agreement and admitted their guilt.

Sabrina and her husband David, of Winona, were each charged with 13 counts of child endangerment.

The Kimbleys pleaded guilty to two different agreements. In the first agreement, which consisted of four charges, they were sentenced to two years for each charge, to run concurrently. In the second agreement, which involves only one charge, they were sentenced to another two years in a state jail facility. That term will run consecutively to the first agreement, leaving the Kimbleys with a total sentence of four years.

The couple will receive credit for the 9 months they've been in jail toward their four-year sentence total. The couple will not be eligible for parole.

Video from inside the Kimbley home where the children were living shows roaches crawling on food in the pantry, on the walls and in the oven.

"You look at these conditions they were living in and... they're children... you wish you could get more time, but that's the maximum the law provides for," says Smith County District Attorney Matt Bingham.

Because the Kimbleys were charged with multiple counts of child endangerment, which is a state jail felony, the maximum jail time they could get under the law is two years. If all the charges were tried in court together, the two-year sentences would have run concurrently, meaning all at the same time. In the plea docket agreement, the district attorney's office split the charges up and asked those sentences to be served one after the other.

"We did get the maximum, plus the maximum and that's what we were trying to achieve, to protect the children, [to] make sure they would not go back with those families and that they would be prosecuted to the maximum," says Bingham.

The Kimbleys have not been charged with anything related to Jake's death. District attorney Matt Bingham says that case is a work in progress.

"We're going to make sure that we pursue it, that the case is active and when we feel like we have enough evidence to go forward, then we will," Bingham says.

Bingham says his office only has one shot at prosecuting Jake's case and he isn't going to file charges before they have the evidence to back them up. Some of that evidence could come from the only witnesses when Jake went missing, the children.

"You always hope that when the children get into another home, where they're out of this environment, they know that they're protected... that if the children do know something, that they'll come forward at some point," Bingham says.

The Kimbley's parental rights were terminated in a hearing with the Department of Family and Protective Services. One of the children is reportedly happy and living with his biological father. The other four children are in foster care awaiting a permanent home.

Scared Monkeys Discussion Forum

Missing, Exploited and True Crime => Missing Found or Presumed Deceased => Topic started by: texasmom on August 22, 2012, 01:24:37 AM