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Sonoma County District Attorney
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District Attorney - County of Sonoma

STEPHAN R. PASSALACQUA
SONOMA COUNTY DISTRICT ATTORNEY


600 ADMINISTRATION DRIVE, RM 212-J  SANTA ROSA, CA 95403 (707) 565-2311

Press Release
FOR IMMEDIATE RELEASE
Date: 08/31/07

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099
Media Spokesperson, Assistant District Attorney Christine Cook

Santa Rosa, Sonoma County, California

LOCAL MAN CONVICTED OF SECOND DEGREE MURDER

District Attorney Stephan Passalacqua announced today that a Sonoma County Jury returned a verdict of Guilty in the Second Degree Murder case of People vs. David Allen Sims for the killing of Benjamin Aguirre Olivarez on May 21, 2006.  The case was tried before the Honorable Judge Kenneth J. Gnoss in the Sonoma County Superior Court. 

District Attorney Passalacqua said: “Our hearts go out to the family of Benjamin Aguirre Olivarez.  The Second Degree Murder verdict returned by a Sonoma County jury is entirely appropriate under these tragic circumstances where an innocent victim has been killed.”

Sims bludgeoned Olivarez to death by striking him to the head with a blunt metal object several times on May 21, 2006.

The jury also found Mr. Sims used a deadly weapon during the commission of the crime of Second Degree Murder.  The jury deliberated approximately 5 hours before returning their verdicts. Mr. Sims is now facing a sentence of 16 years to life.  His sentencing is scheduled for October 17, 2007.

Deputy District Attorney Barry McBride was the prosecutor assigned to the case.  He was assisted by District Attorney Investigator Greg Phillips, Legal Secretary Jennifer Zunino, Legal Assistant Patti Davis, and Victim/Witness Advocate Eric Hergenreder.  Santa Rosa Police Officer Brenda Harrington was the lead investigator for the case.