Name: David Sims — Direct/Cross - Day 1 - Garcia–Magbanua
Uploaded: 2019-09-26
Description: TPD Sergeant David Sims describes finding Dan Markel unresponsive in his car at 2116 Trescott Drive on July 18, 2014, then defense cross-examination narrows what he actually witnessed firsthand.

TPD Sergeant David Sims describes finding Dan Markel unresponsive in his car at 2116 Trescott Drive on July 18, 2014, then defense cross-examination narrows what he actually witnessed firsthand.

Day 2 →

Proceedings

Direct David Sims - Direct Line 1

Cross David Sims - Cross Line 82

Direct Direct David Sims Georgia Cappleman

1 3:06:03

JUDGE HANKINSON: Do you have a brief witness you want to do before lunch?

2 3:06:06

MS. CAPPLEMAN: Yes, Your Honor. State calls David Sims.

3 3:06:49

JUDGE HANKINSON: Could you face the clerk, please?

4 3:06:54

JUDGE HANKINSON: Have a seat. Slide up the microphone, please.

5 3:07:09

MS. CAPPLEMAN: Sir, please introduce yourself and spell your last name.

6 3:07:13

DAVID SIMS: David Sims, S-I-M-S.

7 3:07:16

MS. CAPPLEMAN: Are you employed, sir?

8 3:07:17

DAVID SIMS: Yes, ma'am.

9 3:07:18

MS. CAPPLEMAN: And how are you employed?

10 3:07:19

DAVID SIMS: I work at the Florida Department of Law Enforcement.

11 3:07:21

MS. CAPPLEMAN: Okay. Did you previously work for the Tallahassee Police Department?

12 3:07:24

DAVID SIMS: Yes, I did.

13 3:07:25

MS. CAPPLEMAN: How long did you work for the Tallahassee Police Department?

14 3:07:27

DAVID SIMS: 28 years.

15 3:07:28

MS. CAPPLEMAN: When did you retire from the Tallahassee Police Department?

16 3:07:30

DAVID SIMS: In October of '15.

17 3:07:30

MS. CAPPLEMAN: I want to ask you about a response to Trescott Drive back on July 18th of 2014. Do you recall that particular call?

18 3:07:46

DAVID SIMS: Yes.

19 3:07:47

MS. CAPPLEMAN: All right. And to what address did you respond?

20 3:07:51

DAVID SIMS: 2116 Trescott Drive.

21 3:07:53

MS. CAPPLEMAN: All right. Is that address in Leon County?

22 3:07:55

DAVID SIMS: Yes, it is.

23 3:07:56

MS. CAPPLEMAN: What time were you personally dispatched or sent to that call?

24 3:08:04

DAVID SIMS: I don't recall the exact time, but it was probably in the 11 o'clock in the morning hour, somewhere in there.

25 3:08:09

MS. CAPPLEMAN: All right. And do you recall how long, do you recall where you were traveling from to that location?

26 3:08:14

DAVID SIMS: From the station, from TPD.

27 3:08:16

MS. CAPPLEMAN: Okay. And were you the first, first responder to arrive at that crime scene?

28 3:08:20

DAVID SIMS: Yes.

29 3:08:21

MS. CAPPLEMAN: Did any other first responders arrive around the time that you did?

30 3:08:26

DAVID SIMS: Just after me, yes.

31 3:08:28

MS. CAPPLEMAN: Who was that?

32 3:08:29

DAVID SIMS: Officer Bradshaw.

33 3:08:30

MS. CAPPLEMAN: At some point, did EMS arrive as well?

34 3:08:33

DAVID SIMS: Yes, about the same time as Officer Bradshaw.

35 3:08:35

MS. CAPPLEMAN: Can you estimate how much time passed between your arrival and the arrival of EMS?

36 3:08:40

DAVID SIMS: Three to four minutes.

37 3:08:47

MS. CAPPLEMAN: Did you have contact with a James Geiger there at the scene?

38 3:08:50

DAVID SIMS: Yes.

39 3:08:51

MS. CAPPLEMAN: And did he point out a vehicle to you?

40 3:08:54

DAVID SIMS: Yes.

41 3:09:13

MS. CAPPLEMAN: Yes, that is the vehicle that was parked in the garage at 2116 Trescott?

42 3:09:16

DAVID SIMS: When I approached, the doors were all shut.

43 3:09:23

MS. CAPPLEMAN: Correct?

44 3:09:23

DAVID SIMS: Yes.

45 3:09:43

DAVID SIMS: The driver's door would have been closed. The phone — it's on the ground — was, I believe, in the victim's left hand, and half of the eyeglasses was in his lap. Yes.

46 3:10:23

MS. CAPPLEMAN: for medical attention?

47 3:10:23

DAVID SIMS: Yes.

48 3:11:19

DAVID SIMS: That would be the driver's side window, with a partially removed window busted out, and then a partial striation of the glass. It's still there, with a slight rounded area as if something had gone through the window from the outside. This part of the window was broken out, and then the cracking up here remained inside the door, and then right there is a slight curved area in the glass. Correct.

49 3:11:40

DAVID SIMS: The door was closed.

50 3:11:55

DAVID SIMS: Um, as far as I recall, looked very similar to that.

51 3:12:10

DAVID SIMS: The phone here was in, I believe, in his left hand inside the car, and these half of eyeglasses were just laying on his lap.

52 3:12:29

DAVID SIMS: The vehicle was running.

53 3:12:31

MS. CAPPLEMAN: All right. When you first approached, can you explain for the jury the position of Mr. Markel?

54 3:12:38

DAVID SIMS: He was sitting in the front seat of the car.

55 3:12:41

DAVID SIMS: Um, Mr. Geiger had told me his name was Daniel, so when I approached the car I called out his name and I got no response. And I got a little closer, called again, no response. And he was sitting in the front seat, kind of slumped forward, and there was a gasping to his breath, but he was not responding to me, and his arms were down in front of him.

56 3:12:59

MS. CAPPLEMAN: Was he able to say any words during the time that you were on scene?

57 3:13:04

MS. CAPPLEMAN: Did you observe any obvious injuries to Mr. Markel?

58 3:13:08

DAVID SIMS: Um, I saw blood on his shirt, around his face, and then also down onto the seat.

59 3:13:17

MS. CAPPLEMAN: And you said that the cell phone was in his left hand?

60 3:13:22

DAVID SIMS: Yeah, and I believe in his right hand was a business card of some kind.

61 3:13:26

MS. CAPPLEMAN: All right. Do you know whether the vehicle was locked or unlocked?

62 3:13:30

DAVID SIMS: Vehicle was locked.

63 3:13:31

MS. CAPPLEMAN: All right. And what did you do to gain access to the vehicle?

64 3:13:36

DAVID SIMS: Um, in the picture that had the window that was broken out on the driver's side, I reached in — and usually what standard procedure for me was, I had a pen in my uniform and I used a pen to hit the unlock, not to contaminate any fingerprints. Hit the unlock, went around to the other side, opened the door with the pen, opened the door, and reached in, made sure that the gear shift was in park, which it was, and then turned the car off and took the keys out for the victim's safety and for first responder safety.

65 3:14:07

MS. CAPPLEMAN: Who was responsible for removing Mr. Markel from the vehicle?

66 3:14:11

DAVID SIMS: The EMTs.

67 3:14:12

MS. CAPPLEMAN: All right. And did the EMTs provide medical assistance that you observed?

68 3:14:16

DAVID SIMS: Yes.

69 3:14:18

MS. CAPPLEMAN: Do you know what particular medical assistance was provided while you were on scene?

70 3:14:22

DAVID SIMS: No, I do not.

71 3:14:25

MS. CAPPLEMAN: Did you enter the residence?

72 3:14:27

DAVID SIMS: Yes.

73 3:14:27

MS. CAPPLEMAN: Did you observe any evidence to indicate that a perpetrator had entered the residence?

74 3:14:33

DAVID SIMS: No. And myself and Officer Bradshaw and Officer Brannon, we had to use the keys that we'd taken out of the ignition to unlock the door in the garage into the house to search the house. That door was locked, as were the front door and the back door.

75 3:14:47

MS. CAPPLEMAN: All right. Okay. So no signs of forced entry to the residence?

76 3:14:51

DAVID SIMS: No.

77 3:14:52

MS. CAPPLEMAN: Was there anything indicating a sign of a struggle or a robbery inside the residence?

78 3:14:58

DAVID SIMS: No.

79 3:14:58

MS. CAPPLEMAN: Or outside, for that matter?

80 3:15:00

DAVID SIMS: No.

81 3:15:00

MS. CAPPLEMAN: No further questions.

Cross Cross David Sims Saam Zangeneh

82 3:15:00

JUDGE HANKINSON: Cross.

83 3:15:03

MR. ZANGENEH: Good afternoon.

84 3:15:17

DAVID SIMS: Good morning.

85 3:15:17

MR. ZANGENEH: I'm sorry. Good morning.

86 3:15:21

MR. ZANGENEH: Do you know what time the initial distress call was made to 911?

87 3:15:27

DAVID SIMS: No, I did not.

88 3:15:31

MR. ZANGENEH: When did you get the initial call?

89 3:15:33

DAVID SIMS: I heard the call. My job was — I was sergeant and I was the supervisor for the Bravo district, which is basically the north/northeast side of town, and I would hear the calls on the radio and they would be dispatching officers to that call. I think Officer Brannon was the primary officer sent to that call, and I was at the station. I heard the call go out, but I was working on some paperwork and I finished that up and then I left the station to go. So I wasn't technically sent there — it was Officer Brannon's call. I just got there before.

90 3:16:03

MR. ZANGENEH: So you heard a call, finished whatever work you were doing, right, and then you got to the scene before the person that was supposed to get there?

91 3:16:11

DAVID SIMS: Correct.

92 3:16:11

MR. ZANGENEH: Now, roughly how long was it from when you first heard the call to when you arrived?

93 3:16:16

DAVID SIMS: I'm not sure. I'd have to see the computer-aided dispatch.

94 3:16:24

MR. ZANGENEH: Can you give me a guesstimate? Was it two minutes, five minutes, ten minutes, twenty minutes?

95 3:16:29

DAVID SIMS: It would be less than twenty, and—

96 3:16:36

MR. ZANGENEH: So during that time, from the initial dispatch, there's no way — or you don't have any direct evidence as to any of Dan Markel's movements inside the vehicle. Is that correct?

97 3:16:44

DAVID SIMS: I do not.

98 3:16:45

MR. ZANGENEH: And so while you found him with a cell phone in his left hand, you don't know that's how that cell phone was twenty minutes before that, correct?

99 3:16:52

DAVID SIMS: I do not.

100 3:16:53

MR. ZANGENEH: The same goes for the business card, correct? Or anything else within the contents of the vehicle, correct?

101 3:16:58

DAVID SIMS: Correct.

102 3:16:58

MR. ZANGENEH: No. No further questions.

103 3:17:00

JUDGE HANKINSON: Magbanua?

104 3:17:02

MR. DECOSTE: No, Your Honor.

105 3:17:02

JUDGE HANKINSON: Any redirect?

106 3:17:05

MS. CAPPLEMAN: No, sir.

107 3:17:05

JUDGE HANKINSON: All right. Any juror have a question at this point?

108 3:17:09

JUDGE HANKINSON: You can step down. Do we need to keep him any further?

109 3:17:11

MS. CAPPLEMAN: He may be released, Your Honor.

110 3:17:13

JUDGE HANKINSON: Do you need him for any reason?

111 3:17:14

MR. DECOSTE: No reason, Your Honor.

112 3:17:17

JUDGE HANKINSON: You're excused. Thank you for being here.

Insights

Direct David Sims

First-responding TPD officer David Sims described arriving at Markel's residence around 11 a.m., finding the victim slumped in a locked car with the driver's side window shot from outside, gasping but unresponsive, and using a pen to unlock the vehicle without contaminating fingerprints.

Case Significance

Sims establishes the physical baseline of the crime scene: a locked vehicle with the driver's window shot from outside, no forced entry to the residence, no signs of robbery, and a victim alive but critically wounded at first contact. These facts underpin the prosecution's theory of a targeted killing.

First officer to arrive at the crime scene
Described the victim's condition and physical state of the vehicle
Confirmed no forced entry to the residence and no signs of robbery or struggle
Documented evidence preservation steps relevant to subsequent forensic collection

Highlights

Evidence

Sims described the driver's side window as partially removed with a curved striation in the remaining glass, consistent with something passing through from the outside.

Testimony

Sims described finding Dan Markel slumped in the driver's seat, gasping and unresponsive, with blood on his face, shirt, and seat.

“Mr. Geiger had told me his name was Daniel, so when I approached the car I called out his name and I got no response. And I got a little closer, called again, no response. And he was sitting in the front seat, kind of slumped forward, and there was a gasping to his breath, but he was not responding to me, and his arms were down in front of him.”

— David SimsSims's contemporaneous account of finding Markel alive but critically wounded — the first police description of the victim's condition at the crime scene.

“I had a pen in my uniform and I used a pen to hit the unlock, not to contaminate any fingerprints.”

— David SimsDemonstrates deliberate evidence preservation by the first responder; relevant to the integrity of any fingerprint evidence later collected from the vehicle.Procedural

Sims used a pen to unlock the locked vehicle through the broken window, then used Markel's keys to search the residence — finding no forced entry, no struggle, and no robbery inside or outside.

People Mentioned

James Geiger Dan MarkelOfficer Bradshaw

Locations Mentioned

2116 Trescott Drive

Evidence Mentioned

business cardcell phonecrime scene vehicleeyeglasses

Deep Analysis

Attorney Strategy

Cappleman: Establish Targeted-Killing Baseline Early

Cappleman used Sims's brief testimony to lock in the physical scene early in the trial — locked vehicle, exterior window damage, no entry or robbery at the home — establishing a targeted-murder framing before more complex witnesses and exhibits are introduced.

Case Theory Connections

No Forced Entry, No Robbery Supports Targeted Murder Theory

Sims confirmed locked doors throughout the residence with no signs of forced entry, and no evidence of struggle or theft inside or outside. This is consistent with the prosecution's theory that the perpetrators came specifically for Markel and departed without any secondary criminal objective.

Credibility Observations

28-Year TPD Veteran

Sims's lengthy law enforcement career lends authority to his account of crime scene observations and evidence preservation procedures. His professional background was established at the outset of direct examination.

Evidentiary Or Procedural Notes

Pen-Unlock Technique and Fingerprint Chain of Custody

Sims's deliberate use of a pen to avoid touching the exterior door handle or lock is relevant to the admissibility and integrity of fingerprint evidence later collected from the vehicle.

Testimony Themes

Victim Condition at Discovery

Sims found Markel alive but critically wounded — slumped forward, gasping, and unresponsive, with blood on his face, shirt, and the seat. Markel never responded or spoke during Sims's time on scene.

Targeted Attack Indicators

The vehicle was locked from inside, the window was shot from the outside, and the residence showed no forced entry, no struggle, and no robbery. These facts collectively point to a targeted ambush rather than a spontaneous or opportunistic crime.

First Responder Evidence Preservation

Sims used a pen to unlock the car through the broken window to avoid fingerprint contamination — demonstrating deliberate chain-of-custody care from the first moment of police contact.

Witness Role And Importance

Witness Role And Importance

David Sims was the first TPD officer to arrive at the Markel crime scene. His testimony establishes the foundational physical facts: the victim's condition at discovery, the locked-vehicle and exterior-window-damage configuration, and the absence of forced entry or robbery at the residence — facts the prosecution uses to support the theory of a targeted killing rather than a robbery or random attack.

Cross David Sims

Zangeneh cross-examined first-responding officer David Sims to establish he was not technically dispatched to the scene, arrived of his own initiative, and therefore cannot account for Markel's movements or the positions of items found on his person during the gap before Sims arrived.

Case Significance

Brief procedural cross that limits the evidentiary weight of Sims's scene observations without introducing new facts.

Sims concedes he cannot establish how items were positioned during the pre-arrival gap
No new evidence introduced; no rulings contested

Highlights

Testimony

Zangeneh established that Sims was not dispatched but arrived on his own initiative after finishing paperwork, reaching the scene before the assigned officer.

“I heard the call. My job was — I was sergeant and I was the supervisor for the Bravo district, which is basically the north/northeast side of town, and I would hear the calls on the radio and they would be dispatching officers to that call. I think Officer Brannon was the primary officer sent to that call, and I was at the station. I heard the call go out, but I was working on some paperwork and I finished that up and then I left the station to go. So I wasn't technically sent there — it was Officer Brannon's call. I just got there before.”

— David SimsSims's own account establishes he self-deployed rather than being dispatched, the premise Zangeneh used to argue the pre-arrival timeline is unaccounted for.Testimony

Sims conceded he has no direct evidence of Markel's movements inside the vehicle during the gap before his arrival, and cannot confirm the positions of the cell phone or business card were unchanged from the time of the shooting.

People Mentioned

Bill Brannon Dan Markel

Deep Analysis

Attorney Strategy

Undercutting scene observation foundation

Zangeneh targeted the evidentiary foundation of Sims's scene description by establishing an unaccounted-for time window, limiting how much weight the jury can place on the position of items found on Markel.

Notable Admissions

Cannot account for item positions before arrival

Sims admitted he has no direct evidence of Markel's movements inside the vehicle during the pre-arrival gap and cannot confirm the cell phone or business card positions were unchanged.

Testimony Themes

Self-deployment and dispatch gap

Sims was not the assigned officer; he overheard the call and left when his paperwork was done, creating an unquantified interval between the initial 911 call and his observations.

Scene state uncertainty

Because the pre-arrival gap cannot be pinpointed, Sims cannot establish that items found on or near Markel — cell phone, business card — were in those positions at the time of the shooting.

Witness Role And Importance

Witness Role And Importance

Sims was the first officer to reach Markel and documented the initial scene — the broken window, Markel's position, and the items in his hands. On cross, his value to the State was limited by concessions that he self-deployed and cannot account for the scene state during the pre-arrival gap.

Summary

Sergeant David Sims, a 28-year TPD veteran now with FDLE, testifies on direct examination by prosecutor Georgia Cappleman about being the first officer at the scene on July 18, 2014. Sims describes overhearing the dispatch call, arriving around 11 a.m., speaking briefly with neighbor James Geiger, and finding Markel slumped in his locked car, gasping and unresponsive, with a broken driver's side window showing a curved striation in the glass. He details Markel's position — cell phone in his left hand, a business card in his right, broken eyeglasses in his lap — and how he unlocked the car with a pen to preserve fingerprints. EMS arrived within three to four minutes. Sims and other officers then searched the residence with Markel's keys and found no signs of forced entry, struggle, or robbery. On cross-examination, defense attorney Saam Zangeneh establishes that Sims was not the officer dispatched to the call — he overheard it from the station and arrived ahead of Officer Brannon, the assigned responder. Because Sims cannot specify how much time passed between the dispatch and his arrival, Zangeneh gets him to concede he has no direct knowledge of how Markel or the items in his hands were positioned before Sims arrived. Magbanua's counsel and the prosecution both decline further examination.

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