OAKLAND -- Jury deliberations began Tuesday at the murder trial for third and final defendant accused in the killing of an Oakland marijuana grower during a robbery gone wrong in Alameda.

An attorney for Charles Kimbrough told jurors Tuesday that the 32-year-old Hercules man planned to commit a grand theft -- a lesser crime than robbery -- against the victim William Adrian Falcon Sapp and should be acquitted of murder.

The convicted mastermind of attempted robbery, Alameda resident Chris Donaldson, 25, was convicted by a jury of first-degree murder and second-degree robbery and was sentenced earlier this month to 32 years to life in state prison.

The shooter, 25-year-old Richard Ezell, pleaded no contest to second-degree murder and is expected to be sentenced to 15 years to life in prison after Kimbrough's trial.

Sapp, 32, was fatally shot in a Buena Vista Avenue apartment building on April 20, 2011 after he fought off his would-be robbers, Kimbrough and Ezell, according to the prosecution. Donaldson set up the robbery attempt after answering Sapp's ad for marijuana for sale on Craigslist.

Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.



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