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 on her second-floor apartment was
partially open, and there were ladder impressions on the ground under
the balcony. Collins was rushed to the hospital but died shortly
A resident of the apartment
complex, told police that he had seen a man near the apartment and had
seen a ladder leaning on the apartment’s balcony. Police had trouble
locating the man Lee had described, but Lee later identified Kimbrough
from a picture lineup. A workman at the apartment complex identified
Kimbrough as the man who had watched him put away a ladder in the
complex at the time of the murder.
Police took semen evidence from
the bed sheets, blood evidence 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 Law Enforcement lab for analysis.
The DNA evidence showed that the
semen taken from the bed sheets matched Kimbrough’s, and some of the
pubic hairs matched his. However, additional pubic hairs from another
unidentified black male and a Caucasian male were also found. The DNA
evidence indicated that the blood samples taken from the bed matched
The medical examiner testified
that the cause of death was hemorrhaging 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 tears and swelling consistent with
Indicted as follows:
Count I: First-Degree
Count II: Burglary
Count III: Sexual Battery
Jury returned guilty verdicts on all counts of the indictment.
Jury recommended death by a vote of 11-1.
Sentenced as follows:
Count I: First-Degree
Murder – Death
Count II: Burglary – Life
Count III: Sexual Battery –
01/11/95 Kimbrough filed a Direct Appeal to the Florida Supreme Court.
The Court found that the trial court did not abuse its discretion in
allowing DNA evidence; in failing to find age as a statutory mitigator;
and, prohibiting defense testimony that the victim’s ex-boyfriend had
beaten her during their relationship.
The Court also found that the
death sentence was not disproportionate to the crime, and that
substantial evidence supported the finding that the murder was committed
during the course of sexual battery. The Court affirmed his conviction
and sentence on 08/21/97.
Kimbrough filed a Petition of Writ of Certiorari to the United States
Supreme Court on 01/16/98 and was denied on 03/23/98.
Kimbrough filed a 3.850 Motion to the Circuit Court on 07/30/98, which
was denied on 04/26/04.
Kimbrough filed a 3.850 Appeal to the Florida Supreme Court on 05/24/02,
which was denied on 06/24/04. The mandate was issued on 09/30/04.
Kimbrough filed a Habeas Corpus to the Florida Supreme Court on
02/10/03, which was denied on 06/24/04. The mandate was issued on
02/22/025, Kimbrough filed a Petition for Writ of Habeas Corpus to the
United States District Court, Middle District, which is currently