CPS takes remaining children in to state custody

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.

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