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Dan Markel— Case Archive
personpersonDavid SimsDavid SimsRetired Tallahassee police sergeant who was the first officer to reach Dan Markel's car, called as a prosecution witness in all four trials.← All People
Law enforcement· Tallahassee Police Department

David Sims

Courtroom still of 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–MagbanuaMagbanua RetrialCharlie AdelsonDonna Adelson
144 lines·11 proceedings·2 mentions·4 trials

About

Sims provides recurring firsthand testimony about the initial conditions at the Trescott Drive scene, the vehicle, the residence check, and the photographs used to document those observations.

David Sims is a retired or former Tallahassee Police Department officer who responded to the July 18, 2014 scene at 2116 Trescott Drive. He described finding Daniel Markel unresponsive in a running vehicle with broken driver-side glass, securing the vehicle, and helping make room for EMS. Sims also described officers using recovered keys to enter the locked residence, where they found no one and observed no apparent forced entry, struggle, burglary, or robbery. Across the trials, he identified photographs documenting the vehicle and scene, including State's Exhibits 8 through 10 in magbanua-retrial-2022 and donna-adelson-2025. His testimony concerned his firsthand response and observations rather than events before he arrived.

Trial Record (11)

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

On Day 1, former Tallahassee Police Department officer David Sims described responding to the scene, finding Markel unresponsive in a running vehicle, and documenting the vehicle and residence. Cross-examination addressed the limits of his knowledge about events and item placement before his arrival.

Day 1

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)

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 ▶
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
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)

Day 3

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

On Day 1, David Sims described responding to the Trescott Drive scene, securing a running vehicle in the garage, assisting EMS, and checking the locked house with other officers. He identified scene photographs admitted as State's Exhibits 8 through 10; cross-examination was waived.

Day 1

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

On Day 1, David Sims described his initial police response to the Trescott Drive scene, the vehicle and person inside, and the subsequent residence check. The defense waived cross-examination.

Day 1

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 ▶

Day 2

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

On Day 1, David Sims described the initial response at 2116 Trescott Drive, the vehicle and house conditions, and authenticated vehicle photographs admitted as State's Exhibits 8 through 10.

Day 1

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 ▶
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 ▶