Jake Kimbley. (Source: Smith County Sheriff's Office)
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.
Bingham said he still is unsure when the child's autopsy results will be in; they are waiting for those results to determine exactly how little Jake Kimbley died. He said he believes it could be Friday sometime before the results are released.
The death of Jake Kimbley, a two-year-old found in a septic tank early Wednesday morning, is being investigated as a homicide.
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.
That proof will likely come from the findings of Jake's autopsy, which is set to be conducted Thursday morning in Dallas.
Wednesday evening, Bingham would not say that Kimbley's parents are suspects in Jake's death. They are part of the homicide investigation because of where Jake was found, but not yet official suspects in the case.
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.