POSTED: Friday, May 17, 2013 - 5:54pm
UPDATED: Saturday, May 18, 2013 - 10:07am
Tyler,TX — David and Sabrina Kimbley, parents of the Smith County toddler who was found dead in the septic tank in August pleaded guilty Friday morning.
They pleaded guilty on five counts of child endangerment and abandonment.
Both parents have been in Smith County jail for 9 months.
They were originally charged with 13 counts of abandonment and child endangerment of their five living children.
Smith County District Attorney Matt Bingham tells KETK, there was a plea deal.
It was the living condition they allowed their five children to live in including their deceased son, which gave authorities the right to put them behind bars and losing rights to their children.
There condition of the children were unbearable, an insect infested home, exposed wires, and the kids poor health condition and a few of them had head lice.
David and Sabrina Kimbley have had multiple hearings in the 9 months and facing several counts.
Bingham confirms to KETK, if each count were to be tried separately, it would take years, so the charges were condensed and the Kimbley's were offered a plea deal.
"David and Sabrina both in both of their cases plead guilty to five cases and one of them accumulated on top of it, so they're serving for years," says Matt Bingham, Smith County District Attorney.
Bingham says, the couples 9 months in jail will count toward their four year sentence.
"There's no parole, no good time, they'll serve that every day of four years," says Matt Bingham, Smith County District Attorney.
Bingham confirms to KETK, they're still investigating the death of their son, Jacob Kimbley.
It's still unknown whether the parents are involved. Autopsy results for Jacob Kimbley are still unknown.
"We don't feel we have a enough evidence to go forward. You know you always hope when the children get into another home where they are out of this environment they know they are protected that if the children do know something that they will come forward at some point and we are hoping we will be able to discuss the case a little bit more with us."
D.A. Bingham says, the death of Jacob Kimbley is considered to be a capital murder case.
He says, The five Kimbley children still remain in foster care.