SAUK COUNTY -- Four felony charges have been filed against 20-year-old Zachary Hays -- accused of committing a fatal shooting in West Allis, and a fatal drive-by shooting on I-90/94 in Sauk County on Sunday, May 1st. Hays was later shot by deputies on the interstate, after a pursuit.
Hays is facing the following charges:
- First degree intentional homicide
- First degree recklessly endangering safety (three counts)
The charges were filed on Wednesday, May 4th out of Sauk County -- and are charges related to the drive-by shooting on I-90/94.
Hays has not been charged for the murder in West Allis at this point.
Zachary Hays was taken into custody after he was shot by deputies on I-90/94 on Sunday afternoon. Two of his brothers, ages 30 and 34, were also arrested. Officials identified the 30-year-old brother as Jeremy Hays. The 34-year-old brother was not being identified due to a cognitive disability, officials said.
Officials have said Jeremy Hays is facing a tentative charge of felon in possession of a firearm. Charges have not been filed against him at this point.
Zachary Hays is suspected of killing 42-year-old Gabriel Sanchez in a West Allis apartment Sunday before shooting 44-year-old Tracy Czaczkowski in the drive-by shooting on I-90/94 in Sauk County.
The complaint filed out of Sauk County against Zachary Hays indicates officials spoke with Zachary Hays' brother, Jeremy -- who indicated he was a passenger in the Chevy Blazer on Sunday, and Zachary was driving.
Jeremy told investigators Zachary had smoked some marijuana on April 27th and had been "acting extremely paranoid" ever since.
Jeremy said he was concerned for his own safety -- as Zachary was carrying a handgun and a long barreled .45 caliber revolver.
According to Jeremy's statement to investigators, Zachary had made threats to kill Jeremy and the 34-year-old brother if they left him.
Jeremy said on Sunday afternoon, they stopped at a gas station near a Burger King restaurant in the Dells -- and then got onto I-90/94 -- headed eastbound.
Jeremy told investigators Zachary "began driving erratically and flipping people off."
Zachary had the .45 caliber pistol in his lap, and was "pointing it at cars as they drove by," Jeremy said.
FOX6 News spoke with a couple who said the drive-by shooting played out right in front of them.
"He tried to hit the SUV in front of us and then there was a black car in front of the SUV. Next thing I know, everyone is slamming on their brakes and the black car shot onto the median and a couple other cars shot onto the shoulder," the couple said.
The couple said they had no idea someone had been shot. They followed the Blazer, but soon realized that wasn't safe.
"We`re watching him aim the gun out the window and then several times, he turned around, looked right at us, and aimed the gun at us," the couple said.
The couple says their two grandchildren, ages seven and 10, were riding in the back seat.
"We know the 10-year-old did see the gun at one point," the wife said. "Immediately, the first thing he said was ‘don’t worry honey, it’s just a BB gun,’ and she just went back to listening to her music then."
The couple kept their distance, and tried to warn passing drivers of the danger ahead. They say the suspect was taunting them.
"He kept trying to wave me up to come alongside of him," the husband said. "I wouldn’t, and then he started getting madder and madder. He started flippin’ me off and he kept going back and forth in the two lanes."
Jeremy Hays said his brother was "particularly paranoid about cars that had tinted windows."
When they spotted the black sedan, Jeremy said Zachary was "freaking out about the tinted windows on the sedan." The complaint indicates Jeremy said Zachary began slowing down to let the sedan catch up on the left side -- and then Zachary shot at the black sedan three times.
One of those shots hit Tracy Czaczkowski in the neck. She was pronounced dead on May 2nd, and an autopsy was performed on May 4th -- indicating Czaczkowski died as a result of the gunshot wound.
A statement from the DEA indicated Czaczkowski's husband and two children were in the vehicle at the time of the shooting. They were headed home from the Dells.
Czaczkowski's husband has worked for the DEA for 11 years.
A fund has been set up in Czaczkowski's honor.
After the shooting, the complaint indicates the vehicle containing the three brothers "accelerated to approximately 90 miles-per-hour eastbound on I-90/94. Their vehicle was stopped in Dane County by "spike strips."
Zachary Hays, Jeremy Hays and the 34-year-old brother were taken into custody after Zachary Hays was shot by deputies.
Officials said Zachary Hays exited his vehicle after it was disabled by the spike strips -- and advanced toward law enforcement officials while armed.
He was then shot by two Columbia County Sheriff's deputies -- with 9.5 and 4.5 years of service.
Those deputies have been placed on administrative leave, per policy.
The alleged crime-spree Sunday began around 7:00 a.m. -- when West Allis police were dispatched to a four-unit apartment building near 92nd and Lincoln for a report of an individual forcibly entering at least two apartments.
Officers arrived on-scene, secured the area and during their search of the building, found a man with a gunshot wound. Officials with the West Allis Fire Department attempted treatment, but Gabriel Sanchez was pronounced dead at the scene.
Officers searched the apartment building and no other victims, nor the suspect, were located.
Neighbors told FOX6 News Sanchez and the suspect both lived in the building. The suspect reportedly lived upstairs, and Sanchez lived on the first floor.
FOX6 News has learned Sanchez's wife and children witnessed his murder. A fund has been set up for his funeral and burial.
Following this murder, a manhunt ensued for the suspect -- with police on scene in West Allis for most of the day. The area near 92nd and Lincoln was reopened to traffic nearly 12 hours after police first arrived at the scene.
During the course of the investigation into the homicide, police learned that a person of interest in the shooting was associated with Epikos Church on West Greenfield Avenue.
Police received information indicating the person of interest had made threatening statements regarding a member of the church. West Allis officers responded to the church to provide information to church officials and ensure the safety of church members.
No criminal activity occurred at Epikos Church.
If convicted of the first degree intentional homicide charge for the drive-by shooting in Sauk County, Zachary Hays faces life in prison.
If convicted of the first degree recklessly endangering safety charges, Hays faces 12 years and six months in prison on each charge.