Judge gives Racine man probation for shooting his mother's ex-boyfriend

Yahoo

28-06-2025

RACINE — A Racine man who claimed he was defending his mother when he shot her then-boyfriend will serve the next five years on probation.
Damian Mason's family members hugged one another and cried tears of joy moments after Racine County Circuit Court Judge Jon E. Fredrickson handed down his sentence on Friday, June 27.
Seated in the gallery a few feet behind the defendant's table, Erika Mason buried her face in her other son's shoulder, relieved by word that Damian Mason would soon be released from jail.
"God is good!" she told the Milwaukee Journal Sentinel outside the Racine County Courthouse. "Damian saved my life that day. He was a hero .... and he didn't deserve any of this to happen to him.
"I'm just so glad my son is coming home."
Mason was 17 years old when prosecutors say he intervened with a gun during a violent confrontation on the 1100 block of Racine Street between his mother and her then-boyfriend on June 19, 2022.
The man was shot five times as he tried to drive away. He survived, but suffered permanent damage to his one of his arms.
Mason's family and defense team promoted the theory Mason, now 20, acted to defend his mother.
A jury in May found Mason guilty of attempted second-degree intentional homicide with a dangerous weapon and of being in possession of a dangerous weapon while under 18.
Mason faced up to 60 years behind bars as punishment for attempted second-degree intentional homicide alone. The gun charge carried a maximum penalty of nine months.
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Mason's conviction sparked demonstrations in Racine from supporters, who claimed Mason should have been shielded by Wisconsin's self-defense law, which allows citizens to use deadly force to protect a third party.
Defense attorney Carl Johnson pushed for probation, noting his client had no prior criminal history and acted in defense of another person, which is legally permitted.
"He didn't set out to kill anyone ... He was trying to protect his mother," said Johnson, of Racine. "This was a chaotic, stressful situation that he didn't create."
Mason had been in custody at the Racine County Jail since his conviction. Fredrickson ordered his immediate release.
When calculating his sentence, Fredrickson had to weigh the victim's injuries and the threat to public safety, against Mason's character clear record and his willingness to improve himself.
Evidence of that included his graduating from J.I. Case High School while on house arrest for 34 months after the shooting.
In a packed courtroom, Mason told the judge he felt he was a good person, despite having been convicted, adding that he planned to "continue to work on myself," no matter the outcome of his 34-month legal odyssey.
"What happened that day, I just felt I had no other choice," he said.
This article originally appeared on Milwaukee Journal Sentinel: Racine man gets probation for shooting his mother's ex-boyfriend