CrimeSF Superior Court

Man accused of San Francisco MUNI slaying has plea hearing postponed again

The man accused of the broad daylight killing of a San Francisco man waiting at a MUNI stop had his arraignment postponed again this morning at the city’s Hall of Justice.

Prosecutors say Sean Collins stabbed to death 28-year-old Colden Kimber in an unprovoked attack on the afternoon of July 26. Kimber, they say, had interposed himself between Collins and women and children on the light-rail platform who were being harassed and intimidated by the defendant.

In department 10 just after 9:30am, Collins’ attorney, Bill Fazio, told the court that the arraignment shouldn’t proceed as he had yet to see full discovery from the district attorney’s office.

“All I received was a police report,” he said.

“It’s the people’s position that receipt of discovery is not required to enter a plea,” said assistant district attorney Melissa Demetral.

“It’s highly unlikely that, on receipt of discovery, the defendant will enter a plea of anything other than not guilty.”

Demetral drew the court’s attention to the presence of the victim’s mother, sister, girlfriend and other friends and family members in the packed public gallery.

Collins – who appeared to be of likely East Asian heritage, with notably light skin suggesting partial European or other non-Asian ancestry, short black hair and a clipped black beard and mustache – cut a slight figure in orange jail clothes while sitting with his attorney before the hearing began.

He spoke twice: answering “yes” when asked by his attorney whether he understood that he required more time to become familiar with the case and when asked if he agreed to a delay.

“Given the severity of the charges I will grant your request to continue this until August 28,” said Judge Gerardo Sandoval, “on the understanding, Mr Fazio, that we are going to arraign the defendant on that day absent some significant issue that you can identify.”

Oblique reference was made to Collins’ status as an inmate in County Jail #2.

“His conditions in custody…are causing me some concern,” said Fazio, who did not elaborate beyond saying that the issue did not have anything to do with deputies.

At the conclusion of the short hearing, Demetral told Judge Sandoval that the victim’s family was asserting their Marsy’s Law right to protection from the defendant and that she wanted Fazio and his private investigator to keep away from them.

Collins, 29, will next appear on August 28. He has not yet entered a plea to charges of murder and child endangerment.

The case continues.

Judge Sandoval refused a request to permit photography of the defendant. He previously refused requests from other media organizations to permit photography of murder suspects Sauntek Harris and Shaun Britton suggesting that it his policy to deny all requests. SFPD will not release mugshots.

This acts to prevent San Franciscans who may also have been harmed by Collins from realizing that fact and bringing it to authorities’ attention.

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