David James Kimbley, 39, and his wife, Sabrina Kimbley, 28, are each charged with 13 counts of child endangerment, state jail felonies. They were in the Smith County 241st District court for a pre-trial hearing on Wednesday.
Smith County District Attorney Matt Bingham said Wednesday that his office still was investigating the couple on capital murder charges related to the death of the 2-year-old.
But before the trial can start, Judge Jack Skeen Jr. must read a child protective services file on the five remaining Kimbley children, and prosecutors Jason Parrish and Cynthia Kent said their office must turn over more than 10,000 pages of discovery information to defense attorneys Reeve Jackson and Zach Davis.
Skeen set a hearing for Nov. 26, so that a representative from Child Protective Services could turn over the files on the children to the court.
The remaining children are staying with foster families, and Smith County 321st District Judge Carole Clark ruled in September that the Kimbleys were not allowed visitation with the children.
Jacob Kimbley’s body was recovered Aug. 22 from a septic tank at his residence after an exhaustive search, which used dogs, multiple law enforcement agencies, ALERT Academy members and heat-seeking helicopters. He was reported missing Aug. 21.
“Information led to the discovery of Jacob Kimbley’s body from the septic tank,” officials said, adding the lid was closed on the tank when the body was found. Bingham said in August he could not confirm the lid was on or off of the tank.
“Whether the lid was on or off the septic tank is very relevant to the case and is one very important factual piece of evidence,” he said.
Officials said the home’s roach infestation was so severe that the bugs were falling from the ceiling onto officers as they searched for evidence on a search warrant obtained August 22.
According to the court documents, David Kimbley was arrested in 2003 for driving while intoxicated, but no criminal history was found on his wife. The same documents also state that the Kimbleys refused to allow their remaining children to be interviewed by child psychologists.
In addition to the investigation of his parents, the child’s grandfather, Leo Harber, was arrested Aug. 22 for violating probation as a registered sex offender by living next to children at the location.
Bingham said the FBI, Smith County Sheriff’s Office, Texas Rangers and Department of Public Safety along with his office and CPS are investigating the case.
Autopsy results on the child’s body were inconclusive. Officials at the scene in August said the body appeared to have been submerged for quite some time.