Jurors Find Accused Summer House Murderer ‘Guilty’

On Wednesday, Aug. 27, jurors found Charles Kimbrough, 32, guilty of the April 20, 2011, first-degree murder of Adrian Falcon Sapp, 32, at the Summer House Apartments, 1826 Poggi St. The jury deliberated for only two hours.

According Alameda County Deputy District Attorney Patrick Moriarty, who prosecuted the case, Kimbrough played a key role in a plot to rob Sapp. The scheme, which centered on the purchase of marijuana from Sapp, also involved a pair of 25-year-old men, Christopher Donaldson and Richard Ezell. (“Murder Cases Move Forward,” Aug. 21).
Court papers state that Donaldson contacted Sapp on Craigslist and arranged to meet him to purportedly to buy marijuana. Instead, Donaldson sent Kimbrough and Ezell to the Summer House to rob Sapp.

Court papers also state that Sapp arrived at the Summer House with a duffel-bag with $1,550 worth of marijuana. When Ezell and Kimbrough attempted to rob him, Sapp a fought back and Ezell shot and killed him.

Donaldson was convicted of first-degree murder on June 11. On Aug. 15 Alameda County Superior Court Judge Jon Rolefson handed down the maximum sentence: 32 years to life in state prison

Bound by a plea agreement, Ezell testified against both Donaldson and Kimbrough. Both Ezell and Kimbrough originally pled guilty to second-degree murder. The Alameda County District Attorney’s Office (DA) offered the men sentences of 15 years to life in return for their testimony against Donaldson. Initially Kimbrough agreed to testify. When he later refused, the DA revoked his agreement and charged him with first-degree murder.

Although Kimbrough did not shoot Ezell, the DA was able to charge him with murder because he had participated in a felony that caused the death of another human being.
Kimbrough’s lawyer, James Giller, told members of the jury that they should acquit his client because Sapp had a loaded weapon and was planning to rob Kimbrough and Ezell.

Instead of the 15 years to life in the original plea agreement, Kimbrough now faces 25 years to life behind bars. Alameda County Superior Court Judge Allan Hymer is scheduled to pass sentence on Oct. 31.

Kimbrough awaits sentencing at the Glenn Dyer Jail in Oakland. Ezell is also housed there. He is awaiting formal sentencing scheduled for Sept. 26. Donaldson is sitting at Santa Rita Jail in Dublin, awaiting transfer to state prison.

Reach Dennis Evanosky at editor@alamedasun.com.