Judge orders state agent to stand trial in shooting of Quadren Wilson

MADISON, Wis. (WMTV) - Court proceedings for the state agent charged in the shooting of Quadren Wilson will move forward, without the recusal of the Dane County District Attorney’s Office, after a hearing was held Thursday.

During the preliminary hearing, two motions were reviewed by Judge Chris Taylor. The first motion was from Agent Mark Wagner’s attorneys, which attempted to recuse Dane Co. District Attorney Ismael Ozanne or any of his assistants from prosecuting the case. Wagner’s attorneys allege the District Attorney’s Office has a conflict of interest, saying they are material witnesses in the investigation and arrest of Wilson.

The judge denied the motion to have the DA’s Office recused. She also denied another motion by Wagner’s attorneys to have the case dismissed.

Three Dane County Sheriff’s Office detectives spoke during the hearing, which Judge Taylor explained was to show that there was probable cause for the state to prosecute against Wagner. The detectives recalled the day that Wilson was arrested and the role Wagner had in the arrest.

The judge said she did find probable cause to move forward and Wagner was bound over for trial.

The defense argued against the bind over, saying there was no indication that the other agent who fired their weapon the day of the arrest, Nathan Peskie, fired because Wagner fired first. Peskie has not been charged in the investigation. Wagner’s attorney also argued that Wagner felt that he was in danger when he fired his weapon, which is something law enforcement have the ability to do in their position.

There has been no evidence to show that Wilson had a gun or any other weapon during the incident, Dane County Sheriff’s Office officials revealed in February.

According to court records, Wagner is set to appear for his arraignment on Jan. 24. He is also scheduled for a status conference on Feb. 24.

Wagner is accused of second-degree recklessly endangering safety with use of a dangerous weapon for the Feb. 3 shooting of Wilson during his arrest.

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