A March 18, 2013, trial date has been set for the East Texas parents of a boy who was found dead in a septic tank last August. However, there is still no new information about what caused his death.
David and Sabrina Kimbley, of Winona, are each charged with 13 counts of child endangerment. The Smith County District Attorney's Office and Sheriff's Office collected evidence to show that the Kimbley children were living in unsafe and unsanitary conditions. Those children were removed from that home by Child Protective Services last August.
Jake Kimbley, one of the couples' sons, was found dead in the family's septic tank hours after he was reported missing. No charges have been filed in that case. The Smith County District Attorney's Office says Jake's death is still under investigation.
There is a series of CPS records that the state has in their possession, but those have not been released to the Kimbleys' defense attorneys. Smith County 241st District Court Judge Jack Skeen Jr. has been asked to review those documents in private and decide if they can be disclosed.
David and Sabrina Kimbley were present, together in the courtroom Wednesday. Throughout the course of the hearing, Sabrina became emotional. Prosecutors told the judge they have already turned 10,000 pages of discovery over to the Kimbleys' attorneys. A decision on those CPS records is expected to come Monday when the Kimbleys have another hearing scheduled.
Thursday, assistant prosecutor Jason Parrish could not comment on the case regarding Jake's death.
We requested a copy of Jake's autopsy from the Dallas County Medical Examiner, but that request was blocked by the Smith County District Attorney's Office because the case is still under investigation.
Saturday, May 18 2013 12:14 AM EDT2013-05-18 04:14:44 GMT
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