A former Racine County sheriff’s deputy made his first court appearance on Thursday, September 17, 2026, on four felony charges filed after a shooting during a youth turkey hunt in April. A man and his seven-year-old son were injured. Our founding partner, Patrick K. Cafferty, represents the former deputy, James Lehman, and appears with him in TMJ4’s video report from the hearing.
The case is pending, and every person charged with a crime is presumed innocent. This post does not discuss the facts of the case beyond what the news has reported. Instead, it explains the kinds of charges involved: how Wisconsin law separates a reckless act from a negligent one, what each charge carries, and what happens next in any Wisconsin felony case.
What the news reported
- The hearing. Lehman appeared in Racine County court on Thursday. A $10,000 signature bond was set, and a preliminary hearing is scheduled for October 7 at 9 a.m., according to TMJ4 and the Racine County Eye.
- His job. Lehman resigned from the Racine County Sheriff’s Office on September 9, a sheriff’s office lieutenant told TMJ4.
- The prosecutor. Walworth County District Attorney Zeke Wiedenfeld is handling the case. FOX6 reported that the Racine County District Attorney’s Office passed it to Walworth County to avoid a conflict.
- The charges. Four felonies: two reckless counts, each with a dangerous weapon, and two counts of injuring someone through negligent use of a dangerous weapon. The outlets named the reckless counts differently. The Racine County Eye reported second-degree reckless injury; TMJ4 and FOX6 reported second-degree recklessly endangering safety. Both offenses are explained below.
CBS 58 also covered the hearing.
Watch TMJ4’s report
TMJ4 News filed its video report from the courtroom on September 17. Patrick Cafferty appears in it with his client.
Reckless or negligent: the line these cases turn on
Wisconsin’s criminal code defines two different mental states, and most charges after an accidental shooting depend on which one the State can prove.
- Criminal recklessness means the person created an unreasonable and substantial risk of death or great bodily harm to another human being, and was aware of that risk. (Wis. Stat. § 939.24)
- Criminal negligence means ordinary negligence to a high degree: conduct the person should have realized creates a substantial and unreasonable risk of death or great bodily harm to another. (Wis. Stat. § 939.25)
The difference is awareness. For a reckless charge, the State must prove the person actually knew about the risk. For a negligence charge, it is enough that a reasonable person would have realized it. That is why the same event can be charged both ways, and why what a person knew and saw at the moment matters so much in these cases.
Second-degree reckless injury
Recklessly causing great bodily harm to another person is second-degree reckless injury, a Class F felony. (Wis. Stat. § 940.23(2)) A Class F felony carries up to 12 years and 6 months in prison, a fine of up to $25,000, or both. The first-degree version adds circumstances showing utter disregard for human life and is a Class D felony.
Great bodily harm is a serious injury, not just any injury, so the extent of an injury can decide whether this charge fits at all.
Recklessly endangering safety
Recklessly endangering another person’s safety is a crime even if no one is hurt. In the second degree, it is a Class G felony, with up to 10 years in prison and a $25,000 fine. When the conduct shows utter disregard for human life, it is first-degree, a Class F felony. (Wis. Stat. § 941.30) Our reckless endangerment page covers this charge in depth.
Injury by negligent handling of a dangerous weapon
Causing bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is a Class I felony. (Wis. Stat. § 940.24) A Class I felony carries up to 3 years and 6 months in prison, a fine of up to $10,000, or both.
This is the charge most closely matched to an accident with a firearm. It needs no awareness of the risk, only negligence to a high degree, and any bodily harm is enough.
What “with use of a dangerous weapon” adds
Many charges carry the words “with use of a dangerous weapon.” That is a penalty enhancer, not a separate crime. When a felony is committed while possessing, using or threatening to use a dangerous weapon, Wis. Stat. § 939.63 raises the maximum prison term. For a felony whose maximum is more than 5 years, it can add up to 5 years. On a Class F felony, that turns 12 years and 6 months into 17 years and 6 months, the maximum the news reports cited.
The enhancer does not apply when using a weapon is already an element of the crime. That is why negligent-handling charges under § 940.24 do not carry it: the weapon is already part of the offense.
A maximum is a ceiling, not a prediction. Wisconsin judges sentence within that range based on the facts, the person’s history and the other factors the law requires them to weigh.
What happens next in a Wisconsin felony case
After the initial appearance, the next step in a felony case is usually the preliminary examination. The court decides whether there is probable cause to believe the defendant committed a felony. If there is, the defendant is bound over for trial. If the court finds probable cause only for a misdemeanor, the complaint is amended to match; if it finds none, the defendant is discharged, and any count without probable cause is dismissed. (Wis. Stat. § 970.03) It is not a trial, and it does not decide guilt.
After a bindover, the State files an information, the defendant is arraigned, and the case moves to motions, negotiations or trial. The defense can challenge the evidence, the charges chosen, and the way the investigation was done at each stage.
If you are under investigation after a hunting incident
Hunting incidents are investigated like any other shooting. If you are involved in one:
- Get help to anyone who is hurt first. Call 911.
- Be careful what you say. You can decline to answer questions about what you knew or saw until you have spoken with a lawyer. Those details are exactly what separates a reckless charge from a negligent one, and from no charge at all.
- Call a defense lawyer early, before a charging decision is made, not after.
Our weapons charges practice defends people in Racine, Kenosha and Walworth counties. Start your case review, or call or text (262) 632-5000, day or night.
About the author
Eric Perkins is a staff writer at Cafferty, Scheidegger & Johnson, S.C., the Racine and Kenosha criminal defense firm founded by Patrick K. Cafferty in 1994.