Charges reduced in fatal interstate shooting of Buffalo Grove woman
Authorities are reducing the charges against a man accused in the fatal shooting of a Buffalo Grove woman along a Wisconsin interstate, citing the defendant's mental health issues.
Zachary Hays, 21, pleaded not guilty Monday to the lesser charge of first-degree reckless homicide by reason of mental disease or defect, stemming from the May 1 killing of 44-year-old Tracy Czaczkowski. Hays, of West Allis, Wisconsin, previously faced a charge of first-degree intentional homicide, for which he could have been sentenced to life in prison if convicted.
If convicted of the lesser charge, he faces up to 60 years in prison.
Prosecutors say Hays fired three shots at Czaczkowski's car as she, her husband and two young children returned from the Wisconsin Dells on Interstate 90/94. One of the shots struck Czaczkowski in the neck.
According to a criminal complaint, Hays was paranoid about vehicles with tinted windows — the apparent reason he fired on the Czaczkowskis' BMW sedan.
Hays also is charged with three counts of first-degree recklessly endangering safety, each carrying a maximum sentence of 12 years, 6 months in prison and a $25,000 fine.
During Monday's brief court hearing before Judge Michael Screnock at the downtown Baraboo, Wisconsin, courthouse, Hays agreed to waive his right to a preliminary hearing. The judge asked Hays whether he understood his rights, whether he personally signed documents waiving the preliminary hearing, and whether he spoke with his attorneys — questions to which he responded, “Yes, sir.”
Wearing orange prison scrubs and handcuffs, Hays sat between his two defense attorneys for the hearing that took less than 10 minutes.
Also in court Monday were family and friends of Tracy Czaczkowski, including her husband, Greg. He declined to comment after Hays' court appearance.
Defense attorney Jon Helland previously hinted at an insanity defense after Hays' initial court appearance in June, telling reporters that his client had “significant mental health issues” and he was exploring all avenues for defense.
A psychiatrist is due to evaluate Hays' mental condition and file a report within the next 30 to 60 days, before the case proceeds to trial.
Hays also is charged with first-degree reckless homicide in the death of his neighbor, 42-year-old Gabriel Sanchez, the morning of the interstate shooting. A competency evaluation ordered in that case found Hays could be diagnosed with schizophrenia or other psychotic spectrum disorder. But psychiatrist John Pankiewicz wrote in the report that Hays is capable of understanding court proceedings and can help in his defense.
The judge in that case determined Hays was competent to stand trial.
Hays also faces five counts of first-degree recklessly endangering safety and one count of fleeing a police officer in Columbia County, Wisconsin, stemming from a chase down the interstate after Czaczkowski's shooting. Authorities say that during the chase Hays shot at other vehicles with a long-barreled .45-caliber revolver before his Chevrolet Blazer was eventually stopped by a spike strip police had placed across the road.
Jim Livorsi, a former Schaumburg resident who now lives in Baraboo, attended Monday's court hearing and said afterward that he was on the interstate during the melee and saw the Blazer speed past him.
A few minutes later, Livorsi said he drove by the family's BMW sedan that was pulled off to the left shoulder and had a bullet hole in the front passenger's-side window.
“I'm getting chills as I think about it,” he said.
Livorsi doesn't personally know the Czaczkowski family but said he plans to attend future court hearings to support them. Outside the courthouse, he introduced himself to Greg Czaczkowski, who thanked him for his support.
“I feel for the husband,” Livorsi said. “My heart goes out to the guy.”
• Daily Herald news services contributed to this report.