A Mauston man is facing charges stemming from an alleged road rage incident where he, while on a motorcycle, fired a gun at another driver after he was “flipped off.”
Brian Day, 27, of Mauston is charged with felony discharging a firearm from a vehicle towards a vehicle, repeater; five counts of felony bail jumping, repeater; two counts of misdemeanor pointing a firearm at another, repeater; and misdemeanor resisting an officer, repeater.
If convicted he faces up to 12 years and six months in prison or a fine of up to $25,000, or both, for the discharging a firearm charge, and up to six years in prison or a fine of up to $10,000, or both, for each of the felony bail jumping charges.
As Day has previous convictions for misdemeanor disorderly conduct and two counts of theft of movable property less than $2,500 within a five-year period prior to this arrest, he faces up to an additional two years in prison for each charge due to the repeater modification.
According to the criminal complaint:
On July 18, Deputy Danica Gordon of the Juneau County Sheriff’s Office was dispatched to Riverside Park in Mauston for a report of a male motorcyclist who pointed a gun at another male.
Prior to arriving at the park, Gordon saw a vehicle run a stop sign on Hickory Street and Mansion Street and pull into the Mauston Police Department parking lot, with a male exiting the vehicle. Gordon parked behind the vehicle and approached the male.
The male stated he ran the stop sign and pulled into the police department because he just had a gun pulled on him. The witness said he was driving when a motorcycle entered his lane, at which time he “flipped him off” and continued driving. The motorcycle then turned around and began catching up to the witness, with the driver of the motorcycle, later identified as Brian Day, pulling out a gun and firing one or two rounds at the witness.
After firing the weapon, Day turned around and headed back to Mauston, and the witness turned around and followed him. The witness caught up to Day on Mansion Street. Day then stopped in the road near Riverside Park, where he pointed a gun at the witness.
The witness stated he confronted Day and called him a coward for pulling the gun. The witness stated he told Day “to just fight him like a man,” after which Day drove away. The witness followed Day until he reached a trailer park on Attewell Street.
At the trailer park entrance Day again pointed a gun at the witness. During the confrontation the witness obtained the plate number for the motorcycle. He left the trailer park and went to the Mauston Police Department to report the incident.
A records check of the registration showed a Wisconsin motorcycle registration, recently expired, belonging to Day.
Gordon searched the area where the witness stated shell casings may be found, but was unable to locate the casings. After searching for the casings Gordon and another officer went to the trailer park to attempt to locate the motorcycle.
The motorcycle was located on one of the lots at the trailer park. Gordon knocked at the door of the lot and spoke to a female, identifying herself as a member of the Juneau County Sheriff’s Office. Asked if Day was at home, the female replied that Day was at home. Upon request she re-entered the residence and returned with Day.
Day, when asked, stated he did not know why law enforcement was speaking with him. Upon being told Gordon was investigating a road rage incident, Day denied the incident.
According to Day he was parked for four or five hours at the residence, which the female confirmed. Asked where he went earlier on the bike, Day said nowhere. Day said no one else was driving the motorcycle. The female, upon being asked again where they were earlier, stated she and Day were in Adams.
Asked about a firearm, Day stated he does not have a firearm and does not believe he is allowed to have a firearm, pointing to his ankle bracelet and stating he was on bond.
Gordon spoke with a member of the Monroe County Bond Monitoring Program, who was able to provide Day’s minute-to-minute location for the time period in question. The tracking information showed Day leaving Reedsburg around 8 p.m., and at 8:34 p.m. Day was near where the witness stated the incident took place.
Over the next several minutes each of the locations and times provided by the tracking information matched the locations the witness provided.
Gordon again made contact with Day. When told to stand up Day turned and tried running into the residence and closing the door. Gordon grabbed Day’s shirt and another officer grabbed Day, who was still attempting to flee.
After Day continued to refuse to comply, Gordon announced she was deploying her Taser. Once the Taser cycle was complete, the officers were able to arrest Day and he began complying.
Day was transported to the Juneau County Jail without incident. Once at the jail Day stated that “if he did have a gun, they would have known because there would be a hole in their chests.”
Day is next scheduled for a preliminary hearing and arraignment Oct. 29 at the Juneau County Justice Center.
Reach Christopher Jardine on Twitter @ChrisJJardine or contact him at 608-432-6591.
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