Law enforcementTallahassee Police Department

David Sims

Retired Tallahassee police sergeant who was the first officer to reach Dan Markel's car, called as a prosecution witness in all four trials.

AppearedGarcia–Magbanua Magbanua Retrial Charlie Adelson Donna Adelson

144 lines·11 proceedings·2 mentions·4 trials

About

David Sims, a former Tallahassee Police Department officer, testified about his response to 2116 Trescott Drive on July 18, 2014. He described finding Daniel Markel unresponsive in a running vehicle with broken driver-side glass and taking steps to assist the emergency response, including unlocking and turning off the vehicle. Sims said officers used recovered vehicle keys to enter the residence, where they found no one and saw no apparent forced entry, struggle, or robbery. He also identified or authenticated photographs documenting the vehicle and scene. His testimony was limited to what he observed after arriving; he could not establish how Markel or items inside the vehicle had been positioned beforehand.

Trial Record (11)

GMGarcia–MagbanuaSep 26, 2019 – Oct 11, 2019Called by prosecution

Responding to the Trescott Drive scene, former Tallahassee Police Department officer David Sims found Markel unresponsive in a running vehicle and described his observations of the vehicle and residence. Cross-examination addressed the limits of his knowledge about conditions before his arrival.

Day 1

Sep 26, 2019

DirectDavid Sims - DirectDavid SimsGeorgia Cappleman5highlights51lines spoken

Summary

David Sims described finding Mr. Markel unresponsive in a running vehicle and testified that officers found no signs of forced entry, struggle, or robbery.

Highlights (5)

testimony highlightSims described arriving at the running vehicle and finding Mr. Markel unresponsive, slumped forward, and gasping.Open in transcript →Watch this moment ▶

Quote“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 gave a firsthand description of Mr. Markel's condition when he reached the vehicle.Open in transcript →Watch this moment ▶

testimony highlightSims testified that he found no signs of forced entry, struggle, or robbery at the residence or outside it.Open in transcript →Watch this moment ▶

Quote“No. And myself and Officer Bradshaw and officer Brannon, we had to use the keys that were taken out of the ignition to unlock the door in the garage into the house to search the house.”— David SimsSims explained that officers used the vehicle keys to enter and search the residence.Open in transcript →Watch this moment ▶

Show all 5 highlights

evidence eventThe court admitted State's Exhibits 8, 9, and 10 without objection after Sims identified the photographs of the vehicle and scene.Open in transcript →Watch this moment ▶

CrossDavid Sims - CrossDavid SimsSaam Zangeneh2highlights11lines spoken

Summary

Sims said he could not determine Markel's movements or the placement of items in the vehicle before he arrived.

Highlights (2)

testimony highlightSims said he heard the dispatch call while at the station, finished paperwork, and arrived before the officer initially assigned to the call.Open in transcript →Watch this moment ▶

testimony highlightSims agreed that he had no direct evidence of Markel's movements or of the placement of items inside the vehicle between dispatch and his arrival.Open in transcript →Watch this moment ▶

Day 3

Oct 1, 2019

DirectBill Brannon - DirectBill BrannonGeorgia CapplemanMentioned

Summary

Officer Brannon described the crime scene and a Honda Odyssey van that approached the perimeter, turned around, and left.

Mentioned in this proceeding.

KMMagbanua RetrialMay 18, 2022 – May 27, 2022Called by prosecution

Responding to the Trescott Drive scene, David Sims described finding a victim in a running vehicle, assisting EMS, checking the locked house, and identifying photographs admitted as State's Exhibits 8 through 10.

Day 1

May 18, 2022

DirectDavid Sims - DirectDavid SimsGeorgia Cappleman4highlights21lines spoken

Summary

David Sims described finding a wounded victim in a running garage vehicle, assisting EMS, and seeing no apparent forced entry or disturbance inside the house.

Highlights (4)

testimony highlightSims described arriving at the garage, finding an unresponsive but breathing victim in a running car with a broken driver-side window, and unlocking the vehicle to turn it off before EMS took over.Open in transcript →Watch this moment ▶

Quote“He was still breathing, but it was an odd sucking sound actually.”— David SimsSims described the victim's condition when he reached the vehicle.Open in transcript →Watch this moment ▶

evidence eventThe court admitted State's Exhibits 8 through 10 after no objection; Sims identified them as fair and accurate scene photographs.Open in transcript →Watch this moment ▶

testimony highlightSims testified that officers used the recovered keys to enter the house, found no one inside, and saw no apparent disturbance or forced entry.Open in transcript →Watch this moment ▶

Cross WaivedDavid Sims - Cross (Waived)David SimsChristopher DeCoste

Summary

Defense waived cross-examination of David Sims, and he was released.

CACharlie AdelsonOct 26, 2023 – Nov 6, 2023Called by prosecution

On Day 1, David Sims described his initial response at Trescott Drive, his observations of the vehicle and its occupant, and the subsequent residence check.

Day 1

Oct 26, 2023

DirectDavid Sims - DirectDavid SimsGeorgia Cappleman4highlights29lines spoken

Summary

David Sims described his initial response to the shots-fired call, the vehicle and person he found, and steps taken to preserve the scene.

Highlights (4)

testimony highlightSims described finding a running, locked vehicle with broken driver's-side glass and a person slumped inside after responding to a possible shots-fired call.Open in transcript →Watch this moment ▶

Quote“the vehicle door is open, but it was closed and locked when I arrived, and the glass in the driver's door was partially broken out, and there appeared to be a small half circle in that glass as if a projectile had entered or exited through that window.”— David SimsSims described the vehicle condition he observed on arrival.Open in transcript →Watch this moment ▶

Quote“I use that to pull on the door handles, and I use that to reach in and unlock the vehicle so I don't touch anything.”— David SimsSims explained how he avoided touching the vehicle while entering it.Open in transcript →Watch this moment ▶

testimony highlightSims described checking the residence after the victim was removed and finding no people, struggle, or signs of forced entry inside.Open in transcript →Watch this moment ▶

Cross WaivedDavid Sims - Cross (Waived)David SimsDan Rashbaum

Summary

The defense waived cross-examination, and David Sims was excused.

Day 2

Oct 27, 2023

DirectBill Brannon - DirectBill BrannonGeorgia CapplemanMentioned

Summary

Officer Bill Brannon described securing the Trescott Drive scene and observing a Honda Odyssey-type vehicle approach the roadblock, turn around, and leave.

Mentioned in this proceeding.

DADonna AdelsonAug 22, 2025 – Sep 4, 2025Called by prosecution

Responding first to 2116 Trescott Drive, David Sims described Daniel's condition, the vehicle and house, and authenticated vehicle photographs admitted as State's Exhibits 8 through 10.

Day 1

Aug 22, 2025

sidebarWitness Sequestration Instructions

Summary

The parties invoked the witness-sequestration rule and clarified that Investigator Newlin remained excepted.

DirectDavid Sims - DirectDavid SimsGeorgia Cappleman4highlights32lines spoken

Summary

David Sims, the first officer on scene, described the vehicle and Daniel's condition, authenticated photographs, and testified that a house search found no one and no apparent burglary, robbery, or struggle.

Highlights (4)

testimony highlightSims described arriving first at the scene, finding Daniel unresponsive and gasping in the running vehicle, and turning off the car after entering through the passenger side.Open in transcript →Watch this moment ▶

Quote“He was slumped over and kind of gasping for air, and it was just a sucking sound.”— David SimsSims's firsthand description captures the condition he observed when he reached the vehicle.Open in transcript →Watch this moment ▶

evidence eventThe court admitted State's Exhibits 8 through 10, photographs Sims identified as fair and accurate depictions of the vehicle.Open in transcript →Watch this moment ▶

testimony highlightSims testified that officers searched the house after EMS removed Mr. Markel and found no one; he reported no indication of burglary, robbery, or an obvious struggle.Open in transcript →Watch this moment ▶

Cross WaivedDavid Sims - Cross (Waived)David SimsJackie L. Fulford

Summary

The defense waived cross-examination of David Sims, who was then released.