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MADISON, Wis. — An officer with the Wisconsin Department of Justice has been charged for his role in a shooting that injured 38-year-old Quadren Wilson on Madison’s far east side in early February.
Mark Wagner, a law enforcement officer with DOJ’s Division of Criminal Investigation, is now facing one count of second-degree recklessly endangering safety by use of a dangerous weapon, according to online court records.
Wagner made his initial appearance in Dane County court Thursday morning; during the hearing, the court commissioner set his bond at $500, which Wagner would only have to pay if he misses a court date or violates the conditions of his release.
During the course of their investigation into the Feb. 3 incident, Dane County Sheriff’s Office officials determined that two DCI agents — Wagner and Nathan Peskie — fired their weapons during the incident. No charges had been filed against Peskie as of 1:45 p.m.
WATCH: Video released of arrest, aftermath of police shooting of Quadren Wilson
In response to the charges against Wagner, Attorney General Josh Kaul said his office will not comment on the facts of the case as it moves through the court system.
“DOJ will not be weighing in on the facts of this case as it moves through the judicial system in order to avoid having any possible impact on the outcome,” Kaul said in a media release. “DOJ is evaluating this matter internally and will continue to do so to the extent possible without interfering with the ongoing case.”
According to details from the criminal complaint filed against him, Wagner — who was carrying a ballistic shield and handgun while approaching Wilson’s car — fired two rounds at the vehicle. In an interview with investigators, Wagner said he saw Wilson start to move both hands up while Wagner was outside of Wilson’s driver-side door. In that interview, Wagner said, “I thought, ‘now he has a gun.’”
At the same time, Wagner reportedly said he heard a gunshot and felt something hit him, pushing him backward. Wagner told investigators he thought Wilson was “shooting me” and fired nearly simultaneously with the sound he interpreted as a gunshot. The complaint makes no mention of what the noise Wagner heard actually was.
Wagner then fell backward and heard three additional gunshots as he fell. Peskie, who was armed with a rifle, told investigators he fired three to five rounds at Wilson’s vehicle in rapid succession as Wagner fell.
Peskie also told investigators he saw Wilson holding what he thought was the muzzle of a gun before firing his rifle. Investigators later determined Peskie fired five rounds from his gun.
In total, Wagner and Peskie fired a total of seven rounds at Wilson and his vehicle.