The Commission on Capital Cases updates thisinformation regularly. This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
KIMBROUGH, Darius Mark (B/M)
DC# 374123
DOB: 12/04/72
Ninth Judicial Circuit, Orange County Case# 92-10868
Sentencing Judge: The Honorable Dorothy J. Russell
Attorneys, Trial: Patricia Cashman& Kelly Sims – Assistant Public Defenders
Attorney, Direct Appeal: George D.E. Burden –Assistant Public Defender
Attorneys, Collateral Appeals: Robert T. Strain &Carol Rodriguez – CCRC-M
Date of Offense: 10/03/91
Date of Sentence: 12/09/94
Circumstances of Offense:
Darius Kimbrough was convicted of burglary, sexual battery,and the murder of Denise Collins, which occurred on 10/03/91.
Denise Collins was discovered in her bathroom by paramedics.She was nude, semiconscious, and covered in blood. The sliding glass door onher second-floor apartment was partially open, and there were ladderimpressions on the ground under the balcony. Collins was rushed to the hospitalbut died shortly thereafter.
A resident of the apartment complex, told police that he hadseen a man near the apartment and had seen a ladder leaning on the apartment’sbalcony. Police had trouble locating the man Lee had described, but Lee lateridentified Kimbrough from a picture lineup. A workman at the apartment complexidentified Kimbrough as the man who had watched him put away a ladder in thecomplex at the time of the murder.
Police took semen evidence from the bed sheets, bloodevidence from Collins’ body, and found pubic hairs in the bed and on a towel.The samples were sealed in a bag and sent to the Florida Department of LawEnforcement lab for analysis.
The DNA evidence showed that the semen taken from the bedsheets matched Kimbrough’s, and some of the pubic hairs matched his. However,additional pubic hairs from another unidentified black male and a Caucasianmale were also found. The DNA evidence indicated that the blood samples takenfrom the bed matched Kimbrough’s.
The medical examiner testified that the cause of death washemorrhaging and head injury to the brain caused by blunt trauma to the face.There were bruises on her arms and evidence of vaginal injury, including tearsand swelling consistent with penetration.
Current Incarceration History in the State of Florida:
| Current Prison Sentence History: |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 03/09/1992 | BURGLARY ASSAULT ANY PERSON | 12/15/1993 | ORANGE | 9202630 | 10Y 6M 0D | | |
| 03/09/1992 | SEX BAT/INJURY NOT LIKELY | 12/15/1993 | ORANGE | 9202630 | 10Y 6M 0D | | |
| 10/03/1991 | 1ST DG MUR/PREMED. OR ATT. | 12/09/1994 | ORANGE | 9210868 | DEATH SENTENCE | | |
| 10/03/1991 | BURGLARY ASSAULT ANY PERSON | 12/09/1994 | ORANGE | 9210868 | SENTENCED TO LIFE | | |
| 10/03/1991 | SEX BAT/ WPN. OR FORCE | 12/09/1994 | ORANGE | 9210868 | SENTENCED TO LIFE | | |
| Current Community Supervision History: |
| Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length | | |
| 03/09/1992 | BURGLARY ASSAULT ANY PERSON | 12/15/1993 | ORANGE | 9202630 | 10Y 0M 0D | | |
Trial Summary:
10/03/91 Indicted as follows:
Count I: First-Degree Murder
Count II: Burglary
Count III: Sexual Battery
07/01/94 Jury returned guilty verdicts on all counts of the indictment.
11/09/94 Jury recommended death by a vote of 11-1.
12/09/94 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Burglary – Life
Count III: Sexual Battery – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 84989
700 So.2d 634
01/11/95 Appeal Filed.
08/21/97 Conviction and Sentence Affirmed.
11/20/97 Mandate Issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 97-7576
523 U.S. 1028, 118 S.Ct. 1316
01/16/98 Petition Filed.
03/23/98 Petition Denied.
State Circuit Court – 3.850 Motion
CC# 92-10868
07/30/98 Motion Filed.
04/26/02 Motion Denied.
Florida Supreme Court – 3.850 Appeal
FSC# 02-1158
886 So. 2d 965 (Fla. 2004)
05/24/02 Appeal Filed.
06/24/04 3.850 Denial Affirmed.
08/31/04 Rehearing Denied.
09/30/04 Mandate
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-228
886 So. 2d 965 (Fla. 2004)
02/10/03 Habeas Filed.
06/24/04 Habeas Denied.
08/31/04 Rehearing Denied.
09/30/04 Mandate
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 05-265
02/22/05 Habeas Filed.
02/27/08 Habeas denied.
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 08-11421
565 F.3d 796
06/09/08 Appeal filed.
04/15/09 Appeal denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 09-6344
130 S.Ct.574
09/09/09 Petition filed.
11/09/09 Petition denied.
Case Information:
On 01/11/95 Kimbrough filed a Direct Appeal to the FloridaSupreme Court. The Court found that the trial court did not abuse itsdiscretion in allowing DNA evidence; in failing to find age as a statutory mitigator; and, prohibiting defense testimony that thevictim’s ex-boyfriend had beaten her during their relationship. The Court alsofound that the death sentence was not disproportionate to the crime, and thatsubstantial evidence supported the finding that the murder was committed duringthe course of sexual battery. The Court affirmed his conviction and sentence on08/21/97.
Kimbrough filed a Petition of Writ of Certiorari to theUnited States Supreme Court on 01/16/98 and was denied on 03/23/98.
Kimbrough filed a 3.850 Motion to the Circuit Court on07/30/98, which was denied on 04/26/04.
Kimbrough filed a 3.850 Appeal to the Florida Supreme Courton 05/24/02, and on 06/24/04, the FSC affirmed the denial of the 3.850 Motion. The mandate was issued on 09/30/04.
Kimbrough filed a Habeas Corpus to the Florida Supreme Courton 02/10/03, which was denied on 06/24/04. The mandate was issued on09/30/04.
On 02/22/05, Kimbrough filed a Petition for Writ of HabeasCorpus to the United States District Court, Middle District. Kimbrough’sHabeas Petition was denied on 02/27/08 and dismissed with prejudice.
On 06/09/08, Kimbrough filed a Habeas Appeal in the UnitedStates Court of Appeals, 11th Circuit. This Appeal was denied on04/15/09.
Kimbrough filed a Petition for Writ of Certiorari to theUnited States Supreme Court on 09/09/09. This petition was denied on 11/09/09
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Report Date: 09/08/04 KB
Approved: 09/08/04 JFL
Updated: 02/02/10 EMJ