MADISON (WKOW) --- The jury trial began Tuesday for the Wisconsin Department of Justice agent accused of wounding a Madison man during a traffic stop in February 2022.
Special Agent Mark Wagner is facing one count of second-degree recklessly endangering safety with a modifer of using a dangerous weapon in connection with the shooting of Quadren Wilson. At the time of the traffic stop, Wilson was wanted on a Department of Corrections warrant.
During opening statements Tuesday morning, Dane County District Attorney Ismael Ozanne said Wagner was not justified in his use of force.
"Now, law enforcement has the privilege to use force, up to even deadly force," Ozanne said. "But there must be articulable facts to justify any use of force."
Wagner's defense attorney, Daniel Sanders argued his client did act lawfully when using force against Wilson. Sanders told the jury prior to trying to arrest Wilson, Wagner and other law enforcement officers were briefed on Wilson's criminal record.
"Wilson had a positive criminal history, positive violent past and was known to carry firearms." Sanders said.
Sanders says Wagner believed he heard a shot prior to his own, and that's when he began shooting. He adds, Wagner believed it was Wilson who had started shooting.
Both Sanders and D.A. Ozanne took note of the use of a crowbar-like tool used to smash out Wilson's car windows. Sanders claims the smashing of windows could've been mistaken for a gunshot, because the crowbar-like tool got jammed.
Ozanne says Agent Wagner originally told investigators he only fired once and only after he was shot at.
Investigators later determined Wagner fired twice and Wilson was not armed.
Several witnesses took the stand and testified the scene unfolded so quickly it is hard to determine the order of events. One witness recounted hearing the shooting and what she saw happen to Agent Wagner after the shots.
"I heard a pop, pop, pop," said witness, Cynthia Yeung, while Sanders cross-examined her.
SANDERS: There was a force that pushed him back?
YEUNG: Correct.
SANDERS: Okay, and you use the word and described 'flying' back.
YEUNG: Well, it kind of looked like that, and like I said, it happened so quick. I didn't really know what was happening.
The trial is scheduled to resume on Wednesday with more testimony from state witnesses.
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