MADISON, Wis. (WMDX) – The jury in the trial of DCI Agent Mark Wagner heard opening arguments Tuesday, as the trial in the shooting of Quadren Wilson officially begins. Wagner is accused of second degree reckless endangerment with a dangerous weapon, and can face up to ten years in prison if found guilty.

Wagner and another DCI agent, Nate Peskie, shot Wilson five times in the back during an arrest in February of 2022. Wilson was unarmed in his car, and boxed into an intersection on Madison’s north side by both state and federal agents. Wilson was then arrested, and pleaded guilty to selling fentanyl. In September of that year, Dane County District Attorney Ismael Ozanne brought charges against Wagner. Peskie was never charged.

Wagner is not accused of attempted homicide, and instead has been charged with, in essence, pointing a loaded gun at Wilson. Wilson’s lawyer, Steven Eisenberg, told WORT News in September of 2022 that this is because proving Wagner intended to kill Wilson is difficult.

“In order to get to the intent crimes, like attempted homicide, you need to show an attempt to kill,” Eisenberg said in 2022. “Do I think that Wagner got out of the car with the attempt to kill? I sure as hell hope not. That’s what you have to show, (and) it’s a hard charge to show. So we don’t have many (options), we don’t have a homicide here so you can’t charge that, so I suppose they could have charged negligent use of a weapon, or negligent discharge of a weapon, but this is probably the highest class of felony one could charge with the circumstances that occurred in this case.”

According to court documents, Mark Wagner’s trial is expected to last about two weeks.

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