4.David Sims — Direct/Cross
93 linesMS. CAPPLEMAN: The State calls David Sims.
MR. ZELMAN: Judge, before he testifies, can we approach, please?
JUDGE EVERETT: Please approach.
(A sidebar was had as follows:)
MR. ZELMAN: Judge, we neglected to invoke the rule. we would like to go ahead and do so now.
JUDGE EVERETT: That's fine. At this point, Ms. Cappleman, please advise your witnesses they are not to discuss the substance of their testimony with anyone else. They're also to remain outside of the courtroom until they're called.
MS. CAPPLEMAN: With the exception of Investigator Newlin?
JUDGE EVERETT: Yes. I believe that was ruled on earlier in a motion in limine.
MS. CAPPLEMAN: Yes, Your Honor.
(Sidebar concluded.)
JUDGE EVERETT: Please raise your right hand to be sworn.
whereupon, DAVID SIMS was called as a witness, having been first duly sworn, was examined and testified as follows:
DAVID SIMS: I do.
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly for the jurors.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
DAVID SIMS: Davis Sims, S-I-M-S.
MS. CAPPLEMAN: How are you --
DAVID SIMS: I'm retired --
MS. CAPPLEMAN: Go ahead.
DAVID SIMS: Retired sergeant from Tallahassee Police Department.
MS. CAPPLEMAN: How long were you with Tallahassee Police Department?
DAVID SIMS: Twenty-eight years.
MS. CAPPLEMAN: Okay. And were you employed with them back in 2014?
DAVID SIMS: Yes.
MS. CAPPLEMAN: Did you respond to a scene at -- in response to a 911 call, 2-1-1-6 Trescott Drive, on July 18th of 2014?
DAVID SIMS: Yes, I did.
MS. CAPPLEMAN: Is that location in Leon County?
DAVID SIMS: Yes, it is.
MS. CAPPLEMAN: All right. And do you know what time you were dispatched to the call?
DAVID SIMS: I was not dispatched. I was actually at the station working on paperwork, and I heard the call go out, so I just responded.
MS. CAPPLEMAN: Okay. And were you the first or --
DAVID SIMS: First on scene.
MS. CAPPLEMAN: You were first on scene?
DAVID SIMS: Yes.
MS. CAPPLEMAN: Okay. And did you make contact with Mr. Geiger, the neighbor?
DAVID SIMS: Yes, I did.
MS. CAPPLEMAN: And did Mr. Geiger indicate something going on in the garage next door to his residence?
DAVID SIMS: Yeah. He said his -- his neighbor -- he thinks it was his neighbor in there, and he heard a loud noise and there was broken glass in his car.
MS. CAPPLEMAN: All right. I want to publish State's 7, please. That's in, right? Yeah.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Has the vehicle been moved from the position it was in when you first arrived?
DAVID SIMS: No.
MS. CAPPLEMAN: Okay. Other than the doors being opened, right?
DAVID SIMS: Correct.
MS. CAPPLEMAN: Okay. When you got there, was the vehicle running?
DAVID SIMS: Yes, it was.
MS. CAPPLEMAN: All right. what did you do when you first arrived and observed the vehicle?
DAVID SIMS: I walked up to the driver's side window. Mr. Geiger had told me that the homeowner's name was Daniel. And I saw someone in the car and I spoke to Daniel, I said, Daniel. There was no response. And I got a little closer and found that the driver's side window was broken kind of at an angle. Some of the glass is in it, some had come out. But there was also a small rounded spot in that glass that was still in there. I asked -- I -- I said Daniel again, no response. He was slumped over and kind of gasping for air, and it was just a sucking sound.
I noticed that he had his -- a set of eyeglasses -- half of a set of eyeglasses was laying in his lap. He had a cell phone in his left hand, he had a business card in his right hand. I walked around to the other side of the car -- well, first I reached in and unlocked the door, and I went around to the other side. And I opened the door, reached in and turned off the car, so the car wasn't still running. And then I noticed the other half of the eyeglasses laying on the floorboard of the car.
MS. CAPPLEMAN: All right. Let me pause you there and approach and show you what I've marked as State's 8 through 10.
DAVID SIMS: Yes. Yes.
MS. CAPPLEMAN: Are these three photographs fair and accurate representations of how the vehicle appeared that day?
DAVID SIMS: Yes.
MS. CAPPLEMAN: Judge, I'd ask to introduce State's 8 through 10.
MS. FULFORD: No objection.
JUDGE EVERETT: State's 8 through 10 are admitted.
(State's Exhibit Nos. 8 through 10 received in evidence.)
MS. CAPPLEMAN: Publish 8, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Can you -- I've got a pointer. Show us what you're talking about as far as the way the window was.
DAVID SIMS: Part of it had broken out, part of it was still intact. But right there looked like a little rounded area.
MS. CAPPLEMAN: All right. And was this void -- large void that we see in the window there before the door was opened?
DAVID SIMS: Yes. Yes.
MS. CAPPLEMAN: Okay. So you said you were able to reach in and unlock the car?
DAVID SIMS: Yeah, I reached in -- the door was closed, I reached in through that broken area and unlocked the car. And then I went around and entered from the other side to pull out -- turn off the car and pull out the keys.
MS. CAPPLEMAN: All right. And during this time, was EMS already in route to assist?
DAVID SIMS: Yeah, I could hear them. I could hear them coming down the street. They were almost there.
MS. CAPPLEMAN: Okay. And were lifesaving efforts made to try to help Mr. Markel?
DAVID SIMS: Yes. I -- I -- when I was on the passenger side, I pulled out a gym bag or something that was in there, pulled it out and sat it on the ground so they could make better entry into the vehicle to extract him.
MS. CAPPLEMAN: Okay. And did he ever regain consciousness or say anything during the time you were there?
DAVID SIMS: Not in my presence.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: Publish 9, please.
Publish 10, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Do you see the half part of the eyeglasses there in that photograph?
DAVID SIMS: Yes.
MS. CAPPLEMAN: Could you indicate with your pointer?
DAVID SIMS: Yeah. Right there.
MS. CAPPLEMAN: And is that where you observed them or had they fallen out?
DAVID SIMS: They were -- they had fallen out. They were -- one was in his lap, and then one was on the floorboard on the driver's side.
MS. CAPPLEMAN: All right. And what about the cell phone that we see pictured to the left of the eyeglasses?
DAVID SIMS: That was in his left hand.
MS. CAPPLEMAN: was there a safety search done of the house?
DAVID SIMS: Yes. After EMS was removing him, then myself and a couple of other officers, we took the keys that were in the car. The person door from the garage into the house was locked, we unlocked that. Did a search of the house, found no one. Nothing -- nothing amiss.
MS. CAPPLEMAN: Any indication that this was a burglary, a robbery?
DAVID SIMS: No.
MS. CAPPLEMAN: Any obvious signs of a struggle?
DAVID SIMS: No.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination for Mr. Sims?
MS. FULFORD: No questions, Judge.
JUDGE EVERETT: You may step down, Mr. Sims.
MS. CAPPLEMAN: This witness is released, Your Honor.