Sims sentenced to 20 years in prison for child sexual assault
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by LeAnn R. Ralph
MENOMONIE — A 38-year-old man who has lived in Colfax and Boyceville and is serving a prison sentence for third degree sexual assault has now been sentenced to 20 years in prison on four felony counts related to the sexual assault of a child.
Daniel Z. Sims appeared for a sentencing hearing before Judge James Peterson in Dunn County Circuit Court on November 1.
Following a two-day jury trial, Sims was found guilty August 6, 2024, on four felony counts related to the sexual assault of a child under the age of 13.
Judge Peterson noted that this was a serious case and that probation was not appropriate, according to on-line court records.
On two of the four felony counts, Judge Peterson sentenced Sims to 20 years of initial conferment and six years of extended supervision, and on the other two felony charges, the judge sentenced Sims to 10 years of initial confinement and five years of extended supervision.
The sentences will be served concurrently to each other and with Sims’ current prison term.
Sims is serving a three year prison sentence at Kettle Moraine Correctional after being found guilty by a jury of third-degree sexual assault in July of 2023.
In the first case that went to a jury trial, 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, 2023, 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.
Judge Christina Mayer sentenced Sims to three years of initial confinement in prison and three years of extended supervision with credit for 350 days.
Third trial
A trial for a third case of two felony counts of the first degree sexual assault of a child under the age of 13 initially was scheduled for later this month.
The charges in the third case were dismissed October 1 without prejudice on a motion from the prosecutor, and the dismissed charges were read into the record for sentencing on the second case that had ended in a conviction in August.
“Without prejudice” means that the case can be filed again if the district attorney’s office believes the charges should be filed again.
Judge Peterson ordered Sims to not possess or consume alcohol and not to enter any bars, taverns or liquor stores, or any establishment where the primary purpose is the sale of alcohol.
Sims also has been ordered not to consume any controlled substances without a valid prescription and to not take prescriptions in excess of what has been prescribed.
In addition, Sims has been ordered not to be in the presence of, or to possess, any drug paraphernalia, to have no contact with someone identified by initials in the court record, and to have no contact with anyone under the age of 18 without prior permission from his probation agent.
Sims also must register as a sex offender, submit a DNA sample and pay $518 in court costs on each count.
Victims
The adult victim in the third degree sexual assault case described Sims’ sexual contact as “violent and vulgar,” according to the criminal complaint.
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.
According to the complaint, the victim had to take several breaks during the interview with investigators because she was crying. The victim told investigators she was afraid of Sims and what he might do because she had reported the sexual assaults.
In the second case, the alleged victim told an interviewer with the Child Advocacy Center in Eau Claire that she believed she was going into the fourth grade when Sims initiated sexual contact with her.
