MADISON, Wis. (AP) — A Wisconsin Department of Justice agent was charged Thursday with reckless endangerment in the nonfatal shooting of an unarmed man as officers were carrying out an arrest warrant during a traffic stop in Madison.

Mark Wagner was charged in the Feb. 3 shooting of Quadren Wilson, who was wounded in the back but survived. Wilson is Black and Wagner is white, and Wilson’s family has said they believe race was a factor in the shooting.

It wasn’t immediately clear why another agent who fired at Wilson wasn’t charged. Dane County District Attorney Ismael Ozanne declined an interview request through his paralegal, who said Ozanne was “ethically prohibited” from commenting on the case.

Wagner would face up to 10 1/2 years in prison if convicted. His attorney, listed in court records as Michael Steinle, didn’t immediately reply to a phone message seeking comment.

“The Wilson family (is) happy,” said the family’s attorney, Stephen Eisenberg. “It appears at least justice is attempting to be done. They want someone to be accountable for this shooting. They’re a Black family. They’ve witnessed what’s been going on this country, how Black men have been treated by law enforcement for years.”