Name: David Sims — Direct/Cross - Day 1 - Magbanua Retrial
Uploaded: 2022-05-18
Description: Retired TPD officer David Sims testifies as the first law enforcement responder to the Markel shooting; the defense waives cross-examination.

Retired TPD officer David Sims testifies as the first law enforcement responder to the Markel shooting; the defense waives cross-examination.

Day 2 →

Proceedings

Direct David Sims - Direct Line 1

Cross David Sims - Cross (Waived) Line 56

Direct David Sims Georgia Cappleman

1 3:04:54

JUDGE WHEELER: State may call its next witness.

2 3:05:14

MS. CAPPLEMAN: State calls David Sims.

3 3:05:28

JUDGE WHEELER: David Sims, please.

4 3:05:39

JUDGE WHEELER: Good morning, sir. Before you have a seat, we are going to swear you in. Could you please raise your right hand and respond to the clerk?

5 3:05:50

JUDGE WHEELER: Please have a seat, sir.

6 3:06:02

MS. CAPPLEMAN: Please introduce yourself and spell your name.

7 3:06:04

DAVID SIMS: David Sims. D-A-V-I-D, S-I-M-S.

8 3:06:04

MS. CAPPLEMAN: How are you employed?

9 3:06:11

DAVID SIMS: I'm currently retired, not employed.

10 3:06:14

MS. CAPPLEMAN: How long have you been retired?

11 3:06:16

DAVID SIMS: From the police department since 2015.

12 3:06:20

MS. CAPPLEMAN: How long were you with the police department?

13 3:06:22

DAVID SIMS: 28 years.

14 3:06:23

MS. CAPPLEMAN: Which police department?

15 3:06:24

DAVID SIMS: Cox Police Department.

16 3:06:25

MS. CAPPLEMAN: I want to ask you about an incident that occurred back in July — July 18th of 2014.

17 3:06:31

MS. CAPPLEMAN: Were you working that day?

18 3:06:33

DAVID SIMS: Yes.

19 3:06:33

MS. CAPPLEMAN: All right. Did you respond out to Trescott Drive?

20 3:06:37

DAVID SIMS: Yes.

21 3:06:38

MS. CAPPLEMAN: What did you observe when you arrived at the scene?

22 3:06:42

DAVID SIMS: When I arrived at the scene, I parked my car in the street, and I believe it was the neighbor next door, Mr. Geiger, pointing me towards the garage and said, "There's something going on in there." So I went towards the garage and found a vehicle in the garage that was inside the garage. Garage door was up. Car was in the garage.

23 3:06:59

DAVID SIMS: The car was running. I walked to the driver's side of the door and looked in. I could see there was an individual in the car and there was some broken glass — the driver's side window was broken. And inside the car, the gentleman, the victim inside the car, was not responsive to me. I called the name "Daniel" — because the witness had told me that his name is Daniel — called his name, didn't get a response. He was still breathing, but it was an odd sucking sound. Actually, there was blood on his front. He leaned over a little, I could see a cell phone in his left hand and what looked like a business card in his right hand. Like I said, the car was running. I reached into the window with a ballpoint pen and unlocked the car, went around to the other side and opened the door, reached the keys out and shut the car off for our safety, dropped those on the garage floor, and by that time, Officer Bradshaw and EMS arrived, and they took control of the victim at that point. Okay.

24 3:08:08

MS. CAPPLEMAN: When you reached in through the window, was there a void enough where the broken glass was that you were able to reach in without disturbing any glass?

25 3:08:08

DAVID SIMS: Yes, it was kind of almost broken, kind of in half, and the lower part, I believe, was missing. I reached in through there, and there was shattering on the other part of the glass, and a small, probably half-a-circle inside the window — the glass, like something like a bullet had gone through the window. You could see where it was smooth on the inside of that glass, the part that hadn't fallen out.

26 3:08:08

MS. CAPPLEMAN: All right. And other than opening the passenger side door and removing the keys as you've described, was the vehicle moved at all during the time that you're on the scene? All right, so obviously Mr. Markel was still breathing — that's gonna inform what you do next, right?

27 3:08:40

DAVID SIMS: Right.

28 3:08:40

MS. CAPPLEMAN: And what was done next?

29 3:08:40

DAVID SIMS: Like I said, at that point EMS arrived and they took charge of him. I just assisted them with the stretcher and everything to get him out, and they loaded him and transported him. That was the first priority at that point.

30 3:08:40

MS. CAPPLEMAN: Right?

31 3:08:41

DAVID SIMS: Correct.

32 3:09:12

MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Exhibits 8 through 10.

33 3:09:26

MS. CAPPLEMAN: Do you recognize State's Exhibits 8 through 10?

34 3:09:33

DAVID SIMS: Yes.

35 3:09:33

MS. CAPPLEMAN: Are these fair and accurate photos of the team as you observed it on the day in question?

36 3:09:38

DAVID SIMS: Yes.

37 3:09:38

MS. CAPPLEMAN: At this time, I'd ask to move into evidence State's 8 through 10.

38 3:09:41

JUDGE WHEELER: Any objection?

39 3:09:43

MR. DECOSTE: No objection.

40 3:09:44

JUDGE WHEELER: We admit it as State's 8 through 10.

41 3:09:47

MS. CAPPLEMAN: May I comment?

42 3:09:48

JUDGE WHEELER: You can.

43 3:10:05

DAVID SIMS: Right there — that little part right there — and then of course this lower part here that was broken out, if I reached in to unlock the door.

44 3:10:23

MS. CAPPLEMAN: The glass present on the garage floor?

45 3:10:26

DAVID SIMS: Yes.

46 3:10:27

MS. CAPPLEMAN: The glass?

47 3:10:27

DAVID SIMS: Yes.

48 3:10:28

MS. CAPPLEMAN: All right. And there were some items present on the floor, certainly in picture 10 here.

49 3:10:36

MS. CAPPLEMAN: This piece of broken glass was not there. Did that get there through the removal of the victim?

50 3:10:42

DAVID SIMS: Through the removal of the victim.

51 3:10:44

MS. CAPPLEMAN: Okay. And the cell phone shown here on the garage floor — where was that the first time?

52 3:10:49

DAVID SIMS: I believe that was in his left hand.

53 3:11:03

MS. CAPPLEMAN: Did you observe any indication that this was a burglary, any forced entry to the home?

54 3:11:09

DAVID SIMS: No. After the AMS loaded the victim up, then Officer Bradshaw — and I believe it was Officer Brannon — we retrieved the keys off the floor of the garage that had dropped there, and we had to use them to open the person door into the house. And we searched the house, found no one in the house. It didn't appear that anything was disturbed, and like I said, that door was locked — I needed the keys for that — and the front and back doors were both locked.

55 3:11:09

MS. CAPPLEMAN: One moment. Nothing further, Your Honor.

Cross David Sims Christopher DeCoste

56 3:11:31

JUDGE WHEELER: Cross examination?

57 3:11:31

MR. DECOSTE: No cross, Your Honor.

58 3:11:31

JUDGE WHEELER: All right, we can release the witness.

59 3:11:33

DAVID SIMS: Yes, sir.

60 3:11:33

JUDGE WHEELER: Okay, thank you, sir. You're free to go.

Insights

Direct David Sims

Retired TPD officer David Sims testifies as the first law enforcement officer on scene, describing finding Dan Markel critically wounded in his running car — unresponsive, breathing with a sucking sound, blood on his chest, cell phone in his left hand — and the steps he took to preserve the scene.

Case Significance

Sims provides the prosecution's foundational crime scene account — establishing Markel's condition at first response, the physical state of the vehicle and window, and the absence of forced entry that supports a targeted-shooting narrative.

First law enforcement officer to observe and document the crime scene provides the evidentiary baseline for all subsequent forensic testimony
Contemporaneous description of a bullet-hole pattern in the driver's window is the trial's first law enforcement account of ballistic evidence
No forced entry and all exterior doors locked supports the prosecution's murder-for-hire theory over alternative explanations such as robbery
Explicit accounting of scene disturbances introduced during response (pen-unlock, keys removed, passenger door opened, glass displaced by EMS) provides chain-of-custody context for later forensic witnesses

Highlights

Testimony

Sims describes finding Dan Markel unresponsive in his running car — shattered driver's window, breathing with a sucking sound, blood on his chest, cell phone in his left hand and an apparent business card in his right hand.

“He was still breathing, but it was an odd sucking sound. Actually, there was blood on his front. He leaned over a little, I could see a cell phone in his left hand and what looked like a business card in his right hand.”

— David SimsSims's contemporaneous account of Markel's condition at discovery — the sucking breathing pattern consistent with a chest wound and the specific items observed in each hand — is the trial's first detailed law enforcement description of the victim's state, establishing the baseline from which all forensic testimony follows.Testimony

Sims describes observing a smooth-edged bullet-hole pattern in the remaining driver's-side window glass — the first law enforcement account of ballistic evidence at the scene.

“a small, probably half-a-circle inside the window — the glass, like something like a bullet had gone through the window. You could see where it was smooth on the inside of that glass, the part that hadn't fallen out.”

— David SimsSims's real-time observation of a characteristic bullet-entry pattern in the driver's window is the first law enforcement description of ballistic evidence at the scene.Evidence

State's Exhibits 8 through 10 — crime scene photographs of the garage and vehicle — are admitted into evidence without defense objection.

Testimony

Sims testifies that after the victim was transported, officers searched the house and found no forced entry, no one inside, and all exterior doors locked — supporting a targeted rather than opportunistic crime.

People Mentioned

James Geiger Bill Brannon Dan MarkelOfficer Bradshaw

Locations Mentioned

2116 Trescott Drive

Evidence Mentioned

State's 8–10

Deep Analysis

Attorney Strategy

Cappleman builds crime scene baseline efficiently

Cappleman moves Sims through the scene in strict chronological order, securing key details (victim condition, window damage, items in hands, scene disturbance accounting, no forced entry) and obtaining clean photo admissions. The examination is compact and does not overextend — the defense's complete waiver of cross confirms nothing was left exposed.

Case Theory Connections

Scene consistent with targeted assassination

No forced entry, locked exterior doors, and a shooting through the driver's window while Markel sat in his car in his own garage are collectively consistent with the prosecution's murder-for-hire narrative. The business card in Markel's right hand and cell phone in his left may be revisited by later witnesses addressing his movements that morning.

Credibility Observations

Methodical, experienced law enforcement witness

Sims's 28-year career with TPD lends professional weight to his scene observations. His testimony is chronologically organized and internally consistent. His proactive explanations of each scene disturbance — including the pen technique to avoid disturbing glass — suggest an officer accustomed to forensic scrutiny. The defense waived cross entirely, indicating no basis to challenge his account.

Evidentiary Or Procedural Notes

State's 8–10 admitted without objection

Three crime scene photographs were admitted during Sims's examination without challenge, continuing the pattern from James Geiger's preceding direct where all six exhibits were similarly unopposed.

Officer-introduced disturbances documented on the record

Sims's testimony creates an explicit record of scene alterations attributable to the police response — keys moved, door unlocked, glass displaced — which later forensic witnesses (Maltese, Dietz) will need to account for in their own testimony.

Followup Questions Or Open Threads

Business card in Markel's right hand — not pursued

Sims mentions what appeared to be a business card in Markel's right hand at time of discovery, but the item is not identified or followed up in this examination. Its identity and any relevance to Markel's activities that morning remain unaddressed in this proceeding.

Testimony Themes

Crime scene conditions at first response

Sims provides the trial's baseline account of conditions at arrival — running car in open garage, shattered driver's window, critically wounded and unresponsive victim — establishing the foundation for all subsequent crime scene and forensic testimony.

Scene preservation and disturbance accounting

Sims explicitly identifies each alteration he introduced (pen-unlock of car door, keys removed from ignition and dropped on floor, passenger door opened) and explains glass displacement caused by EMS during victim extraction, preemptively accounting for discrepancies later forensic witnesses may encounter.

Absence of forced entry

All exterior doors were locked and undisturbed; officers needed the recovered keys to enter through the interior door. This finding supports the prosecution's theory of a targeted killing rather than a burglary or opportunistic crime.

Witness Role And Importance

Witness Role And Importance

Sims is the first TPD officer on scene, providing the foundational crime scene account: Markel's condition at discovery, the state of the vehicle and driver's window, contemporaneous ballistic observations, key physical details (items in victim's hands), and the absence of forced entry. His testimony accounts for scene disturbances introduced during the response and establishes the evidentiary baseline for later forensic witnesses.

Cross David Sims

Defense waives cross-examination of retired TPD officer David Sims; witness released.

Case Significance

Waived cross with no contested testimony or rulings.

Deep Analysis

Witness Role And Importance

Witness Role And Importance

David Sims was the first law enforcement officer at the crime scene. The defense chose not to cross-examine him, leaving his direct testimony uncontested.

Summary

Retired Tallahassee Police Department officer David Sims, with 28 years on the force, testified as the first law enforcement officer to arrive at 2116 Prescott Drive on the morning of July 18, 2014. Directed to the garage by neighbor James Geiger, Sims found Dan Markel unresponsive in his running car, the driver's-side window shattered. Markel was breathing irregularly, had visible blood on his chest, and held a cell phone in his left hand and what appeared to be a business card in his right. Sims used a ballpoint pen to reach through the broken window to unlock the door, then circled to the passenger side, removed the keys, and shut off the engine. He observed a smooth-edged hole in the remaining glass consistent with a bullet passage. When EMS arrived, Sims assisted with the stretcher. After Markel was transported, Sims and Officer Brannon searched the residence using keys found on the garage floor — finding no one inside, no forced entry, and all exterior doors locked. Three crime scene photographs (State's Exhibits 8–10) were admitted without objection. The defense waived cross-examination and the witness was released.

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