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By Jim Piwowarczyk & Jessica McBride
DANE COUNTY, Wis. – A Dane County jury speedily acquitted a Wisconsin special agent, Mark Wagner, who was charged in a sham prosecution.
The fact that a jury in liberal Dane County didn’t even buy the anti-cop prosecution’s woke crusade speaks to the inherent weakness of the case. And it didn’t even take them two hours!
We previously outlined 9 reasons that Wagner deserved to be acquitted for shooting at a violent felon drug dealer whom he reasonably, but mistakenly, believed had shot at him. You can read that article here.
Simply put: This was a prosecution that should never have been brought. Dane County District Attorney Ismael Ozanne owes Wisconsin law enforcement an apology.
As predicted, it took less than 90 minutes for a Dane County jury to acquit DCI agent Mark Wagner (no relation) on bogus charges that should never have been brought by DA Ozanne in the first place. Unfortunately Ozanne will face no consequences.https://t.co/UQ9Lroscwi
— Jeff Wagner (@jeffwagnerradio) March 27, 2024
In a statement, the Wisconsin Fraternal Order of Police wrote: “We have always known that he was innocent, and we are glad that the truth has finally come out. The truth is that Special Agent Wagner is a dedicated husband, father, and law enforcement officer who was simply doing his job when he was forced to take action to defend himself and others.”
FOP wrote that Ozanne’s decision to charge Special Agent Wagner “marks a troubling watershed moment for law enforcement and first responders in our state and nation. It is clear that DA Ozanne prioritizes violent felons who distribute deadly drugs in our communities over the safety of the public and the public servants who risk their lives every day they go to work.”
The prosecution ignored Wisconsin law, which the jury clearly understood, finding Wagner not guilty at warp speed. Law enforcement officers have a legal right to use lethal force if it is reasonable. They are allowed to make reasonable mistakes without being carted off to prison. That’s a recognition that they operate in often chaotic, fast-paced situations in which they have a split second to decide whether they want to go home at night.
“There is no dispute that Quadren Wilson has 26 prior convictions,” said prosecutor Matthew Moeser, during the trial. “There’s no dispute that he had a prior conviction for shooting someone. There’s no dispute that he was involved in drug dealing. But what did you also learn about Mr. Wilson — he didn’t have a gun on February 3.”
But, see, that is not the legal test. The test isn’t whether Wilson had a gun (he didn’t). It’s whether Wagner reasonably believed that he did, and that his life or that of another was in danger.
In this case, Wagner was accused of shooting at (but not hitting) the violent felon, Quadren Wilson. This occurred in an exceptionally dangerous situation in which multiple law enforcement officers had Wilson, an accused fentanyl dealer tied to an overdose death, boxed in with their vehicles. Wilson is accused of making furtive movements and refusing to comply with officers’ commands. (He’s currently incarcerated on serious felony charges, by the way, after being granted early release for previous offenses from Tony Evers’ prison system).
WILSON’S BEHAVIOR started the chain of events that led to Wagner discharging his firearm. Wagner reasonably believed that Wilson had shot at him.
Why was this reasonable? Because another officer had just broken Wilson’s car window with a crowbar-like tool. A projectile then struck and damaged Wagner’s shield, sending him flying backwards. He reasonably believed Wilson had shot him. He hadn’t. But a host of other civilians and agents thought Wilson had shot Wagner too.
It was the fog of war. It was a mess of a scene, but the only criminal in the mix was Quadren Wilson, not the brave agents who were trying to protect the community by getting him off the streets. Another agent opened fire after seeing Wagner flying backwards and hearing the same sound, also believing Wagner had been shot. This, too, is justifiable force. That agent was correctly never charged.
Wagner should not have been charged either.
Thank goodness the Dane County jury saw the light. Special Agent Wagner is a veteran law enforcement officer who used to be a Milwaukee police officer. He is a valiant public servant, and we believe he should remain a special agent if he wants to do so.
This article originally appeared at Wisconsin Right Now and was reprinted with permission.
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