Daniel Wilson makes an initial appearance virtually in Winnebago County court, July 9, 2024. PC: Fox 11 Online
OSHKOSH, WI (WTAQ-WLUK) — After pleading out to a reduced charge, which eliminated a mandatory life prison term, Daniel Wilson wants to withdraw his plea for a drug deal-related homicide before he gets sentenced. Prosecutors oppose the request.
Wilson, 20, pleaded no contest on Nov. 24 to a count of first-degree reckless homicide for the July 2, 2024, shooting. That count was reduced from a charge of first-degree intentional homicide. The change meant it was no longer a mandatory life prison sentence, but a maximum exposure of 60 years in the prison system at the Feb. 18 hearing before Judge Scott Woldt.
But in a handwritten letter filed Monday, Wilson asks to withdraw the plea.
“I would like to mention a source told me crucial information that I was not informed by my attorney that is very critical to this case. Learning that new evidence allegedly had been turned over to my attorney by the state two business days before my trial violates by Constitutional right (Article 1, Section 7) for a fair trial as well as my Fifth Amendment (due process) having all evidence disclose to me. I am asking to withdraw my plea and allow the holes in the case to clear me of this crime,” Wilson wrote.
In the state’s reply, filed Tuesday, Assistant District Attorney Amanda Nash opposed the request.
“The Defendant asserts that he learned “new information” relevant to his case, but fails to indicate what the new information is. He also indicates that “a source” told him “crucial information” but fails to indicate who the source is or what the crucial information is. He further states that “new evidence” had been turned over to his attorney two business days before his trial but fails to indicate what the new evidence is that he is referring to. The Defendant provides no meaningful information in his letter that would indicate a fair and just reason for plea withdrawal,” Nash wrote. “Quite frankly, the State finds the Defendant’s request for plea withdrawal to be a continued act of gamesmanship.”
Nash also cites concerns with victims and witnesses, saying the state would be prejudiced by allowing the plea to be withdrawn.
Another hearing could be scheduled before the sentencing to review the request, but nothing has been scheduled as of Tuesday.
Witnesses told police the victim, a 19-year-old Michigan man, approached Wilson and others about buying drugs, but they weren’t interested. Words were exchanged before Wilson allegedly shot the man, according to the criminal complaint. The shooting happened in the 1000 block of Wisconsin Street in Oshkosh.
“Daniel told (a witness) that the guy who asked him to buy weed reached into his own waistband and Daniel said that he thought the guy had a gun even though Daniel never saw the gun. Daniel told (the witness) that he shot that guy in the stomach,” the complaint states.
The victim suffered five gun shot wounds: three to the chest, one to the neck, and one to the hand, the complaint states.
Wilson was taken into custody in Fond du Lac about three hours after the shooting.
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