Prosecutor downgrades charge in freeway killing

Baraboo — Prosecutors have downgraded the most serious charge against a Wisconsin man accused of killing an Illinois woman in an interstate drive-by shooting.

Zachary Hays faced first-degree intentional homicide and reckless endangerment charges in Sauk County in connection with the May 1 incident that left Tracy Czaczkowski dead. District Attorney Kevin Calkins on Monday downgraded the intentional homicide count to first-degree reckless homicide, saying during a hearing that the charge is more consistent with what he’s learning about Hays’ mental state.

Hays pleaded not guilty by reason of mental disease or defect to all four counts.

Czaczkowski, her husband and their two minor children were targeted by Zachary T. Hays, the 20-year-old gunman suspected in a West Allis homicide earlier in the day, according to the Dane County Sheriff's Office.

As they passed the SUV driven by Hays on southbound Interstate 90/94 in Sauk County, he rolled down his window and fired three shots into the family's vehicle, one of which hit Czaczkowski in the neck, officials said Monday. The family was on its way home after an outing in the Wisconsin Dells.

Hays also faces charges in Milwaukee County for allegedly killing his downstairs neighbor, 42-year-old Gabriel Sanchez, hours before he took to the road. A psychiatrist’s report in that case found Hays could be suffering from schizophrenia or another mental disorder.