Sims found guilty of third degree sexual assault
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by LeAnn R. Ralph
MENOMONIE — A 37-year-old former Colfax man, now a Boyceville resident, has been found guilty of third degree sexual assault with a modifier of domestic abuse.
Daniel Z. Sims was the defendant in a two-day jury trial in Dunn County Circuit Court July 17 and 18.
Sims 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 about two hours of deliberation, found Sims guilty of third degree sexual assault and not guilty of second degree sexual assault of an unconscious victim, according to online court records.
Following jury selection on July 17, after the jurors had been sworn in and had left the courtroom, Sims’ attorney, Shirlene Perrin, made an argument for a mistrial on the basis that the jury was tainted.
Dunn County District Andrea Nodolf told the court she did not believe there were grounds for a mistrial.
Judge Christina M. Mayer ruled that she would not call a mistrial.
Following testimony from 10 witnesses, including Sims, who testified on his own behalf, the jurors were excused to deliberate at 12:35 p.m. July 18 and returned with a verdict of at 2:38 p.m. of not guilty of second degree sexual assault of an unconscious victim and guilty of third degree sexual assault.
Judge Mayer dismissed the count of second degree sexual assault of an unconscious victim and found Sims guilty of third degree sexual assault.
The judge ordered a pre-sentence investigation (PSI) that is due to the court by September 18, and an alternate PSI is due by September 25.
Sims is scheduled for a two-hour sentencing hearing October 2 at 9 a.m.
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 described Sims’ sexual contact as “violent and vulgar,” the complaint states.
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.
