Sims sentenced to 3 years in prison for third degree sexual assault
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by LeAnn R. Ralph
MENOMONIE — A 37-year-old former Colfax man who is now a Boyceville resident has been sentenced to three years in prison and three years of extended supervision after being found guilty of third degree sexual assault.
Daniel Z. Sims appeared in Dunn County Circuit Court with his attorney, Shirlene Perrin, before Judge Christina M. Mayer October 2 for a sentencing hearing.
Sims initially was charged with felony second degree sexual assault of an unconscious victim with a modifier of domestic abuse and felony third degree sexual assault with a modifier of domestic abuse.
The jury, following a two-day trial in Dunn County Circuit Court July 17 and 18, spent about two hours deliberating before returning a guilty verdict for third degree sexual assault and not guilty of second degree sexual assault of an unconscious victim, according to online court records.
During the sentencing hearing October 2, Judge Mayer made a statement that she was not recusing herself from the case.
Dunn County District Attorney Andrea Nodolf asked the court to sentence Sims to five years of initial confinement and five years of extended supervision, with a credit of 350 days for time served.
Perrin argued for a sentence of one year of initial confinement in prison and one year of extended supervision, with a credit of 350 days for time served.
Judge Mayer sentenced Sims to three years of initial confinement in prison and three years of extended supervision with credit for 350 days.
The judge also ordered a complete alcohol and other drug abuse (AODA) assessment and for Sims to follow through on recommendations, ordered Sims to maintain absolute sobriety and ordered Sims to complete a mental health assessment and to follow through with recommendations.
In addition, Judge Mayer ordered Sims to register as a sex offender and to participate in sex offender treatment.
Judge Mayer ordered no contact as well with three individuals, two of whom are currently 15 years old and 13 years old.
Sims was ordered to pay court costs of $568.
The court record notes that Sims is not eligible for the Challenge Incarceration Program (CIP) or the Substance Abuse Program (SAP).
Sims also is charged in Dunn County with four felony counts related to the sexual assault of a child under the age of 13, and in another case, he is charged with two felony counts related to the first degree sexual assault of a child under the age of 13.
A five-day jury trial is scheduled in January of 2024 on the four felony counts related to the sexual assault of a child under the age of 13, according to online court records.
A four-day jury trial is scheduled in March of 2024 on the two felony counts related to the first degree sexual assault of a child under the age of 13.
According to the criminal complaint related to the conviction of third degree sexual assault, the victim told investigators that Sims would become heavily intoxicated and would engage in sexual contact with the victim while she was sleeping and without her consent.
The victim told investigators that she was taking two different kinds of medication to help her sleep and that it was difficult for her to wake up.
