Wisconsin Man Gets 4.5 Years in Prison for Violently Assaulting Game Warden

It’s no secret that our men and women in law enforcement are constantly in the line of fire and there is no exception to our state game wardens either. In a case wrapping up after over 20 months of waiting, a Wisconsin man that viciously assaulted a game warden is heading to prison.

In July 2022, a seemingly routine traffic stop in northern Wisconsin escalated into a violent and life-threatening assault on a Department of Natural Resources (DNR) warden, who remains unnamed to protect his identity. The incident began when the warden, who was patrolling alone, observed two Utility Terrain Vehicles (UTVs) traveling at 47 mph in a posted 25 mph zone. He initiated a traffic stop, pulling over the UTVs.

According to a criminal complaint by the state Department of Justice’s Division of Criminal Investigation, the driver of one of the UTVs was identified as the daughter of the accused, Mark A. Szczerba II. Upon approaching the daughter’s vehicle and asking for identification,  the warden noted that an annoyed Szczerba aggressively positioned his UTV between his daughter and the warden. In an attempt to diffuse a situation that the warden could see was becoming contentious, the warden explained why he had pulled over the vehicles and asked for Szczerba’s driver’s license. While he did produce his license, when asked to move his vehicle from the roadway, Szczerba suddenly turned violent.

Without warning, Szczerba, who is reportedly 6’3” and 235 pounds, physically attacked the warden, initially by snatching his driver’s license from the warden’s hand and then by shoving him in the chest. As a scuffle ensued, Szczerba then landed the first of many blows to the game warden, leading off with a punch to his head. 

The two men then ended up grappling on the ground as the warden attempted to locate his radio which had been ripped from his uniform. After taking a number of blows to the head, the warden was able to locate his taser and as he got back to his feet requested that Szczerba cooperate, threatening to taser the assailant if he refused to comply.

In what had looked to be a win for the beleaguered warden, Szczerba seemed to have gained his composure and surrendered on his knees. The brief moment of peace afforded the warden the opportunity to finally call in some back-up.

Following the radio call, reports then stated that Szczerba sprung to his feet, saying “fuck this” and again assaulted the warden. This time, the accused was able to overpower the warden and again knock him to the ground. While on the ground, Szczerba continually kneed the warden in the head before applying a rear-naked chokehold as the warden hung on to consciousness.

Fearing for his life and unable to break free from Szczerba's grip, the warden drew his service pistol as a last resort. He fired multiple shots, striking Szczerba twice. Despite being wounded, Szczerba's aggression remained unabated. He continued to fight, even going so far as to grab the muzzle of the warden's gun in a fight for control over the weapon.

In a desperate struggle for survival, the warden managed to break free from Szczerba's grasp and fire another shot, this time striking Szczerba's helmet. The impact of the shot finally caused Szczerba to gain some sense and cease his attack, allowing the warden to, once again, radio for help.

Reloading his service pistol, the warden, covered in blood and nearly breathless, was able to remain calm and in control of the scene until the Forest County Sheriff’s Office was on the scene. 

Both the warden and Szczerba sustained injuries during the violent encounter and were transported to a hospital for treatment. 

The assailant was subsequently arrested and charged with multiple offenses, including attempted murder.

Mark A. Szczerba II was initially hit with eight charges, including attempted first degree intentional homicide but ended up pleading guilty to battery and attempted battery of a law enforcement officer in a Forest County court last week. He was sentenced to 4.5 years in prison - a sentence that was virtually identical to what was requested by the state Attorney General’s office. He was also handed an additional 4.5 years of extended supervision following his prison time.

“Conservation wardens have an unwavering and selfless duty to serve and protect the citizens of our great state,” WDNR Secretary Karen Hyun said in a statement after Szczerba’s sentencing. “We count on our warden’s knowledge, skill and abilities — in addition to the lawful cooperation of our public — to keep them safe in the performance of their duties.”