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Quadren Wilson, center, is led into court before a preliminary hearing Friday in Dane County Circuit Court. A court commissioner said prosecutors might encounter credibility issues with their main witness, but the evidence was enough to hold Wilson for trial. Wilson was shot five times by state investigators during his arrest on Feb. 3, his family has said.

A case alleging drug dealing by a man later shot by two state Division of Criminal Investigation agents in early February will proceed after a preliminary hearing Friday in which a court commissioner found ample evidence to hold the case for trial.

But Court Commissioner Scott McAndrew cautioned that while the bar is very low at this stage in the case, prosecutors could certainly encounter credibility issues involving a woman whose information about a man who sold her drugs in April led investigators to Quadren Wilson, 38, of Beaver Dam.

Wilson was shot in the back on Feb. 3 while still in his vehicle, his family has said, as state and federal agents moved in to arrest him on a street on Madison’s Far East Side.

After wedging the SUV Wilson was driving between two large pickup trucks, agents converged on Wilson, still in his vehicle, and fired shots. DCI agents Mark Wagner and Nathan Peskie were identified by the Dane County Sheriff’s Office, which is investigating the shooting, as the agents who fired gunshots. The Sheriff’s Office has not said specifically whether the agents shot Wilson.

Wilson is Black. The two agents are white. The Sheriff’s Office said there is no evidence Wilson was armed.

Sheriff’s Office spokesperson Elise Schaffer said Friday there are no updates about the investigation to be released. The Sheriff’s Office is investigating the shooting because DCI, which would normally do that, was involved in the shooting incident.

So far, the Sheriff’s Office and the state Department of Justice have not said why such force was used to arrest Wilson.

A criminal complaint filed Feb. 18 alleges Wilson sold what a woman believed would be heroin — it was fentanyl, the complaint states — that she and a friend cooked and injected at a McDonald’s restaurant in the town of Blooming Grove on April 9. The woman’s friend died from an overdose in the restaurant’s bathroom.

The woman’s physical description of the man who sold her the heroin and had sold her drugs on two earlier occasions, the description of the vehicle he drove, and the phone numbers she said the man had given her to contact him led investigators to Wilson. The woman called one of the numbers the man gave her several times that night from the McDonald’s landline phone, which the woman had borrowed.

The phone number prosecutors say is linked to Wilson was also called several times since December 2020 from the Dane County Jail by people associated with Wilson, who always reached a man with the same-sounding voice, according to the complaint and testimony in court Friday by sheriff’s Detective Leslie Keith.

Wilson’s attorney, Stephen Eisenberg, first in a motion to dismiss the complaint and in an argument opposing a finding of probable cause for Wilson, argued that the woman’s physical description of the drug seller — a light-skinned Black male, about 6 feet tall and 250 to 300 pounds — could describe any number of people. Her description of his car was vague as well, he argued.

Eisenberg also produced a photo of Wilson posted on Instagram on April 10, showing what Keith admitted on the witness stand was a beard about 3 inches long. The woman who is alleged to have bought drugs from Wilson said her dealer had a mustache but no beard that day.

Keith testified she did not show the woman a photo of Wilson for identification.

McAndrew noted that a lot of the evidence heard during the hearing came from what the woman told police. By state law, she does not have to testify at a preliminary hearing and the plausibility of what she said, not her credibility, is at issue. That will change at a trial, he said.

“The holes are pretty significant,” he said, referring to her statement as relayed by police, including a “not very accurate” description of the man who she said sold her the heroin.

But at this stage, he said, prosecutors can “rest on witnesses if what they say is plausible.”

Eisenberg said after the hearing that the evidence against Wilson is “weak.”

“I thought it was the state’s best effort to put on a case to try and show that Quadren Wilson sold something to someone on April 9, 2021,” Eisenberg said. “I still say this is a response 10 months later to the fact that two white police officers shot him five times.”

Eisenberg said he didn’t know why prosecutors would wait 10 months to file this charge “in rapid response to what happened on Feb. 3.”

The link to Wilson through the phone number provided by the woman is also weak, Eisenberg said, because people share phones all the time.

Keith testified that the two phone numbers given to investigators by the woman are registered to someone in Kansas. McAndrew said it was plausible that someone involved in illegal activity would not use a phone registered in his own name.

Wilson is being held in jail on $1,000 bail but also on a state Department of Corrections hold, while DOC pursues revocation of extended supervision Wilson is serving for two prior felony convictions.

Jennifer Mallon guides eight dogs along a walkway adjacent to Warner Park during an outing with the pets of clients of the Ruff Trails canine hiking and training enterprise in Madison, Wis., Wednesday, Oct. 20, 2021. Along for the outing are Penny, Bo, Greta, Coconut, Torks, Baxter, Toby and Rishi. JOHN HART, STATE JOURNAL

Genevieve Faucher kisses her son, Atlas, 5, who was diagnosed with Pompe disease, a rare disorder, at the age of four months, at their home in Oshkosh, Wis., Wednesday, Oct. 20, 2021. Wisconsin has approved adding Pompe to its newborn screening program but hasn't started testing for the condition yet. AMBER ARNOLD, STATE JOURNAL

A group of friends sing and play following the Eid Al-Fitr prayer held at Olin Park in Madison, Wis., Thursday, May 13, 2021. Eid Al-Fitr is a Muslim religious holiday that marks the end of the month-long dawn-to-sunset fasting of Ramadan. KAYLA WOLF, STATE JOURNAL

Jase Frost-Ohlsen, 12, uses a rope swing he made with his brother to dangle over the Yahara River in Madison, Wis., Monday, May 3, 2021. AMBER ARNOLD, STATE JOURNAL

Artist Angele Nyberg assembles elements of her environmental art installation, “To Hold You,” at James Madison Park in Madison, Wis., Wednesday, Nov. 17, 2021. The piece was commissioned through the Madison Arts Commission’s BLINK program and will offer visitors to the opening the opportunity to weave reclaimed, naturally dyed strips of fabric into the upright hammock wall. An interactive work, the assemblage tilts back slightly, allowing participants to lean into the weaving while gazing along the shores of Lake Mendota. JOHN HART, STATE JOURNAL

Peyton Hein, left, a senior at Waunakee High School, and Jacky Duarte, a senior at Sun Prairie High School, watch Sun Prairie's season-opening spring football game against Verona from a parking lot outside the new Bank of Sun Prairie Stadium at Ashley Field in Sun Prairie, Wis., Friday, March 26, 2021. AMBER ARNOLD, STATE JOURNAL

Visitors to Olbrich Botanical Gardens’ GLEAM nighttime art exhibit explore “Tesseract,” a light and sound installation by Madison, Wis. artists Brett Adams and Bo Raasch Wednesday, Sept. 29, 2021. The annual event features large scale light installations created by local, regional, and international designers displayed throughout the gardens’ 16 acres. JOHN HART, STATE JOURNAL

As hot, humid weather settles into the region, Ilona Steigerzat, 14, generates their own breeze during a swing at Yahara Place Park Madison, Wis., Tuesday, Aug. 10, 2021. JOHN HART, STATE JOURNAL

Members of DanzTrad, including Yuriza Leonperalta, at right, perform traditional Mexican dance during the Shifting Gears Bike Path Dance Festival at Olin Park in Madison, Wis., Monday, Sept. 6, 2021. AMBER ARNOLD, STATE JOURNAL

Storybook Ballet founder Meredith Mast makes adjustments to the form and posture of the ballerinas during class in Madison, Wis., Wednesday, Oct. 6, 2021. KAYLA WOLF, STATE JOURNAL

Two-year-old triplets, from left, Aiya, Blaire and Charlotte Cahoon, from Madison, feast on strawberries as their mom, Autumn, grandma, Julie Stough, of Seattle, at left, and sister, Grace, 4, fill the basket with their pickings during a visit to Carandale Fruit Farm in Oregon, Wis., Wednesday, June 16, 2021. AMBER ARNOLD, STATE JOURNAL

Francesca Hong kisses her son George Morris goodbye on his first day of kindergarten at Lapham Elementary School in Madison, Wis., Thursday, Sept. 2, 2021. KAYLA WOLF, STATE JOURNAL

Jen Korz, executive director at Heartland Farm Sanctuary, tries to get the attention of Maxwell, a Yorkshire pig, on the farm in Verona, Wis., Wednesday, Dec. 8, 2021. AMBER ARNOLD, STATE JOURNAL

Brothers Tom and Mike Duerst harvest corn on their farm off of Schaller Road in Verona, Wis., Wednesday, Nov. 3, 2021. The United States Department of Agriculture reports harvest of corn for grain across the state is 61 percent complete, which is 10 days ahead of the 5-year average. KAYLA WOLF, STATE JOURNAL

Kari Oates, right, and her husband Donald walk through what was the entryway of their home before an F-3 tornado swept through Boscobel, Wis., Thursday, Aug. 12, 2021. KAYLA WOLF, STATE JOURNAL

Amber Dolphin reads a book to her daughters, Ivy Moechnig, 1, and Maya Moechnig, 5 (not pictured), in the children’s section of the newly reopened Pinney Library in Madison, Wis., Monday, May 24, 2021. Madison’s libraries reopened Monday after being closed to in-person visits for 15 months. AMBER ARNOLD, STATE JOURNAL

Members of UW-Madison’s Class of 2021 revel in the chance to do one last “jump around” during the 2021 Spring Commencement at Camp Randall Stadium in Madison, Wis. Saturday, May 8, 2021. JOHN HART, STATE JOURNAL

Jill Uhe attends a Memorial Day service with her children, Brianna, 8, and Benny, 11, at right, at the Wells - Davis - Young - Neal American Legion Post 209 Memorial Park in Orfordville, Wis., Monday, May 31, 2021. Many residents of the small village remembered Cpl. Benjamin Neal, a 21-year-old Orfordville resident who died in Afghanistan in 2012 when he was 21. AMBER ARNOLD, STATE JOURNAL

Madison firefighter Bree Bower, left, shows Sienna Tadych, 8, of Madison, how to work a fire hose for CampHERO, a partnership between Madison Area Technical College and Wisconsin Badgerland Girl Scouts to give girls in kindergarten through high school hands-on experience in protective services at the college's Protective Services Building in Madison, Wis., Friday, July 30, 2021. AMBER ARNOLD, STATE JOURNAL

Nurse Teeney Beidel, center, puts on personal protective equipment to assist a team of nurses rotating a patient on a ventilator at the Aspirus Medford Hospital in Medford, Wis., Wednesday, Dec. 15, 2021. KAYLA WOLF, STATE JOURNAL

Numbered swatches of fabric, each representing a death from COVID-19 in the state, hang as part of a memorial display at Trinity Methodist Church in Madison, Wis. Thursday, March 4, 2021. JOHN HART, STATE JOURNAL

Friends of three senior high school students killed in a vehicle crash grieve at the site along Mineral Point Road in Veronal, Wis., Monday, Oct. 4, 2021. The students, Simon Bilessi, 17, Evan Kratochwill, 18, and Jack Miller, 17, were killed when their vehicle was struck from behind by a motorist who is facing charges of multiple counts of homicide in the incident. JOHN HART, STATE JOURNAL

UW-Madison sophomore and Army ROTC cadet Sydney Bobolz plants an American flag on the lawn of Bascom Hill as part of a Veterans Day program held by the Wisconsin Union and University Veteran Services in Madison, Wis., Thursday, Nov. 11, 2021. KAYLA WOLF, STATE JOURNAL

Oregon and Sun Prairie line up to sing the national anthem under a rainbow at the Bank of Sun Prairie Stadium at Ashley Field in Sun Prairie, Wis., Thursday, May 6, 2021. KAYLA WOLF, STATE JOURNAL

Confetti falls from the ceiling as Wisconsin players celebrate after defeating Nebraska to clinch share of the Big Ten volleyball title at the UW Field House in Madison, Wis., Friday, Nov. 26, 2021.AMBER ARNOLD, STATE JOURNAL

Fans of the Milwaukee Bucks celebrate during the fourth quarter in the “Deer District” outside Fiserv Forum in Milwaukee, Wis., Tuesday, July 20, 2021. The team earned a 105-98 win over the Phoenix Suns to win their first NBA Championship title since 1971. JOHN HART, STATE JOURNAL

Milwaukee Bucks Grand Dancer Juju Gramms hands out "Fear the Deer" towels to fans gathered at the Deer District in Milwaukee, Wis., Wednesday, July 14, 2021. KAYLA WOLF, STATE JOURNAL

Waunakee’s Sarah Bova, left, and Chloe Larsen, right cross the finish line of the girls 400 meter dash as the event’s winner, Brooklyn Sandvig of Chippewa Falls falls to a first place finish in the event during the WIAA Division 1 state track and field championships at UW-La Crosse in La Crosse, Wis., Saturday, June 26, 2021. JOHN HART, STATE JOURNAL

Lions running back D'Andre Swift (32) jumps over Packers cornerback Kevin King (20) during the second half at Lambeau Field in Green Bay, Wis., Monday, Sept. 20, 2021. KAYLA WOLF, STATE JOURNAL

Wisconsin Badgers running back Jalen Berger (8) is brought down by Eastern Michigan Eagles defensive back T.J. Peavy (8) and Eastern Michigan Eagles defensive back Mark Lee Jr. (17) during the first quarter at Camp Randall Stadium in Madison, Wis., Saturday, Sept. 11, 2021. KAYLA WOLF, STATE JOURNAL

Wisconsin forward Maddi Wheeler (28) celebrates her goal with teammate defenseman Grace Bowlby (13) and defenseman Mayson Toft (14), at left, in the second period of a women's hockey game against St. Cloud St. at LaBahn Arena in Madison, Wis., Saturday, Oct. 9, 2021. AMBER ARNOLD, STATE JOURNAL

New Glarus-Monticello's Darris Schuett (13) is tackled by Belleville's J Jay Wenger (3) and Tyler Fahey (5) during the first half of a game between the teams at New Glarus High School in New Glarus, Wis. Friday, May 7, 2021. JOHN HART, STATE JOURNAL

DeForest's Jocelyn Pickhardt hugs teammate, Alexys Scheuerell, front, after crossing the finish line and qualifying for state in the girls 800 meter relay during the WIAA Division 1 track and field sectional at Mansfield Stadium in Madison, Wis., Thursday, June 17, 2021. AMBER ARNOLD, STATE JOURNAL

Waunakee’s Max Brud celebrates with his coach, Betsy Zadra, after holing a 98-yard shot for an eagle on the 13th hole of the WIAA Division 1 state golf championship in Wisconsin Dells, Wis., Tuesday, June 15, 2021. JOHN HART, STATE JOURNAL

Snow and frost hold to the branches of trees along University Bay Drive on the campus of UW-Madison in Madison, Wis. Monday, Jan. 4, 2021. JOHN HART, STATE JOURNAL

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Ed Treleven is the courts reporter for the Wisconsin State Journal.

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Wilson is Black; his family says the DOJ Division of Criminal Investigation agents who shot him are white.

The Department of Justice did not respond to questions Wednesday on how and under what circumstances its agents typically conduct arrests. 

The Madison Police Department said Monday that its officers didn’t witness an officer-involved shooting Thursday on the Far East Side that a family says was the shooting of a Black man in the back by a white state agent.

Quadren Wilson is in custody on a probation violation after his family said state law enforcement agents shot him in the back five times on Thursday.

"'Mom, they just got to firing on me,'" Stacy Morris recalls her son, Quadren L. Wilson, 38, telling her after the Thursday morning shooting.

Quadren Wilson, center, is led into court before a preliminary hearing Friday in Dane County Circuit Court. A court commissioner said prosecutors might encounter credibility issues with their main witness, but the evidence was enough to hold Wilson for trial. Wilson was shot five times by state investigators during his arrest on Feb. 3, his family has said.

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