A Half-Drunk UTV Driver Nearly Killed a Game Warden, Leading to a Shoot Out

And his daughter didn't have a license, either.

By: Jonathon Klein

Mar 14, at 8:30am ET

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Don't drink and drive, folks. Don't drink and ride. Don't drink and, well, do anything other than stare at a bonfire and contemplate life. And don't, and I mean don't, drink, drive, and then pick a fight with a game warden just trying to do their job. It's not only idiotic, but a surefire way of seeing your life go from bad to worse.

And that's the case of Mark Szczerba of Wisconsin who, after having a couple at a local bar, got into his side-by-side with a friend, and followed by his daughter in another side-by-side, got into a fight with one of the state's game wardens.

Not only did he end up in the hospital with multiple gunshot wounds, but while resisting the officer, he nearly killed the warden, which is why he's now facing a prison sentence for 4.5 years. Feels like a stupid thing to do, if you ask me. But the attack, as laid out by our friends at Outdoor Life, feels so much more violent and I'm amazed Szczerba didn't get more time.

After clocking Szczerba's daughter doing 47 mph in a 25 mph zone, the warden pulled her over. As the officer began to run the woman's license, which would've told him that she's not authorized to drive a UTV, Szczerba turned around and got out of his side-by-side to see what was up. The officer then asked for Szczerba's license, which he gave. But according to Outdoor Life, that's when things went sideways.

"When the warden asked him to move his UTV out of the road, Szczerba grabbed his license from the warden’s hand and shoved him in the chest," stated the outlet, adding, "The warden tried to secure an escort hold on Szczerba’s arm, but he broke free and punched the officer in the head... The warden then tried to “de-centralize” Szczerba (meaning take him to the ground), but he slipped free. Szczerba then grabbed the back of the warden’s vest carrier and began landing punches to the right side of his head. According to the complaint, the warden could hear the other two riders screaming as the warden and Szczerba grappled in the road."

After breaking free, the warden grabbed their taser and warned Szczerba that if he didn't comply, he'd get the business end of it. At first, Szczerba complied, but then stood up, reportedly said, "Fuck this," and stepped toward the warden. The taser was then fired, but proved to be ineffective at stopping Szczerba, who then lunged at the warden, repeatedly kicking them, and then ultimately putting the warden into a tightening chokehold.

As the warden began to lose consciousness, he drew his service pistol and fired a warning shot. That, however, didn't deter Szczerba who grabbed the pistol's muzzle. The warden fired again, striking the man in the hand. Szczerba kept fighting the warden. And here's where it gets truly bad.

According to the report that was released from the incident, "[Szczerba] was striking [the warden]. and tried to take control of the gun again. [The warden] then asked [Szczerba], ‘Please stop, we can talk about this.’ [Szczerba] was able to twist the gun so that it was pointing at [the warden]'s forehead. [The warden] was able to wrestle the gun from the [Szczerba]'s grasp. [The warden] moved the gun behind him and, as soon as he felt the barrel against the defendant’s helmet, pulled the trigger. The gun fired and [Szczerba] said, ‘You got me. You shot me in the head and I’m done.’ [The warden] said, ‘If you’re done, then get off of me.'"

It was only then did Szczerba back off.

After more officers, and an ambulance, arrived on the scene, both men were taken to a local hospital and survived the ordeal. Szczerba originally faced eight charges, one of which was attempted first degree intentional homicide. But the man saw some charges dropped and finally pled guilty to battery and attempted battery of a law enforcement officer, which is why he only received a four and a half year prison sentence. He also received a four and a half year extended supervision sentence to be served after he's released.

But again, don't drink and do anything but sit still, as you're liable to lose your damn freedom.