Dunn County jury finds Sims guilty in second child sexual assault case
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by LeAnn R. Ralph
MENOMONI — 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 found guilty by a jury on four felony counts related to the sexual assault of a child.
Following a two-day trial in Dunn County Circuit Court, Daniel Z. Sims was found guilty August 6 on four felony counts related to the sexual assault of a child under the age of 13.
After a day and a half of testimony, the jury began deliberating just before 12:30 p.m. on Tuesday, August 6, and returned with a verdict a little after 2 p.m. of guilty on all four counts, according to on-line court records.
Judge James Peterson accepted the guilty verdict and ordered a pre-sentence investigation.
Sims is currently 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.
When Sims completes the prison sentence, he also must complete three years of extended supervision.
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.
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.
In addition to the two cases for which a jury has already found Sims guilty, the defendant is charged with two more felony counts in a third case related to the first degree sexual assault of a child under the age of 13, which involves a third alleged victim.
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 and that she 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.
Sims is scheduled for a sentencing hearing November 1 for the second guilty verdict.
A trial for the third case is scheduled later in November.
