Serious felony charges didn’t keep him in jail and a “congested” court system delayed trial.
Milwaukee County’s backlogged court system is responsible for the man in custody in the Waukesha parade massacre remaining on the streets more than a year after he was charged with serious felonies, including a gun offense, Wisconsin Right Now has learned.
We’ve learned from scanner audio and other sources that the man in custody in the parade horror is Darrell Brooks Jr. What’s his criminal record? He has two open felony cases in Milwaukee County and a lengthy string of criminal arrests across multiple counties and states.
He’s a 39-year-old felon from Milwaukee County, and the Milwaukee Court system suspended his speedy trial rights due to “court congestion,” releasing him on $500 bail even though he was facing serious weapons and other felony charges.
Then, even though he was socked with a string of new felony charges, he was released again – on $1,000 bail – three days before the parade massacre.
Police haven’t named the Waukesha parade suspect, and the Waukesha police chief would say only that they have a person of interest. The exact role they allege Brooks played in the parade tragedy is not yet clear. They haven’t released a motive either. WRN’s Jim Piwowarczyk went to his Milwaukee north-side home listed on CCAP and found two MPD squads there. A red Ford Escape appears on a Google Maps photo for that home and in one of his rap music videos.
But they said he was in custody in scanner audio.
The severe court backlogs in Milwaukee County are an issue we wrote about Sept. 18, 2021, but that the other media have shown little interest in. We reported then that Milwaukee County criminal courts are operating with a two-year backlog, and the felony case backlog was 1,615 cases in the latest estimate from late August, the Chief Judge Mary Triggiano confirmed to Wisconsin Right Now.
There was a backlog of jury trials too. Triggiano said in the interview with Wisconsin Right Now that there are 350 cases awaiting jury trial where the person is in custody with a speedy trial request. Some of those cases will be resolved short of trial, and some still have other court activities going on, like discovery requests, she said. The courts were able to toll the speedy trial mandates and are still able to waive them for cause due to the pandemic, she said.
She blamed COVID-19.
The backlogs come as crime skyrockets in Milwaukee.
“We’ve taken this pandemic very, very seriously, as well as we should, including the variants…we’re being very careful,” Triggiano told a County Board committee. She likened the court system’s “recovery efforts” to a “dimmer switch,” where the system goes back to normal gradually, not all at once.
The ramification? People accused of very serious crimes are remaining on the streets to reoffend. One of them: The man in custody in Waukesha, according to accusations in court.
On social media, he showed animus toward police and Republicans like Scott Walker and posted unhappiness about the Kyle Rittenhouse verdict and George Floyd death. He also quoted Malcolm X. The motive hasn’t been released.
The City of Waukesha says a red Ford Escape drove through the crowds in the beloved Christmas parade, injuring 40 people, including 12 kids, and killing five people.
Here’s his full criminal history:
Pending case filed Nov. 5, 2021 in Milwaukee County
Posted $1,000 bail on Nov. 19, 2021.
Pending case filed July 2020 in Milwaukee County
In June, 2021, the court records contain this passage (our bold), “Matter scheduled for Jury Trial. Parties are ready to proceed. Due to court congestion, Court is unable to hear jury trial at this time. Defense counsel advises Court that there is a new offer and requests a plea hearing date. Case adjourned, Br. 46. Plea hearing scheduled for August 31, 2021 at 09:15 am.”
In February 2021, this entry: “Case set for Status as to Jury Trial. The Court is in jury trial on another matter and makes a record of the history of this case. Due to reasons stated on the record, the court is unable to honor the speedy trial demand in this case. Defense bail motion argued and GRANTED by the Court. The Court lowered cash bail to $500.00. All previous conditions remain. The court TOLLED TIME LIMITS until next court date. Case adjourned, Branch 46.”
When was the trial originally set for? “SPEEDY Jury Trial scheduled for February 8, 2021 at 09:00 am. Trial will be held in Room 629 of the Courthouse.”
Past criminal cases
His past record consists of bail jumping, marijuana offenses (including felonies), obstructing an officer, and substantial battery. He is a felon.
There is a Darrell Edward Brooks with the same year of birth who is a registered sex offender in Nevada, but it was not immediately clear without a full DOB whether it was the same person. However, he appears to admit to this in a video, saying the victim was 16.
Arrest history
We’ve obtained his Department of Justice criminal record history. See it here.
It shows these arrests. Many cases were dismissed.
1999
Arrested carry concealed weapon
Charge severity: non-criminal
1999
Arrested aggravated battery – great harm (felony) – dismissed
Carrying a concealed weapon (non-criminal) – disposition not reported
2000
Aggravated battery – intent great harm – felony – convicted. Probation
Fourth entry
Carry concealed weapon – non-criminal – disposition not reported
Loitering – non-criminal – disposition not reported
Resisting – misdemeanor – dismissed
Cocaine possession – misdemeanor
2002
Resisting – non-criminal
Take and drive vehicle without consent, habitual criminal, felony – dismissed, no prosecution
THC possession, felony
2003
Resisting – misdemeanor – convicted
2005
Resisting – misdemeanor
Receiving stolen property – misdemeanor – dismissed
Possess controlled substance – dismissed
2009
Paternity warrant, non-criminal
Resisting officer, non-criminal
Resisting – misdemeanor – convicted
2010
Felony strangulation and suffocation – domestic abuse – amended complaint filed
convicted
Misdemeanor battery – DV – dismissed
Criminal damage to property – dismissed, read-in
2011
Probation violation, felony – hold for probation authorities
Extradition request – disposition not reported
Resisting – convicted
Failure to appear
THC possession
Paternity warrant
Possess with intent to deliver THC – convicted possession
Bail jumping – convicted
2012
Probation violation – turned over to probation authorities
Bail jumping felony – no prosecution
Failure to appear (multiple)
Bail jumping misdemeanor (2 counts) – no prosecution
Resisting – no prosecution
Extradition
Possess THC felony – case dismissed
2020
Firearm convicted of out of state felony – charge issued
Endangering safety domestic abuse, reckless use of firearm – charge issued
Possession of meth – dismissed
2021
Paternity warrant – non criminal
CONTRIBUTING AGENCIES
WI0680000-WAUKESHA COUNTY SHERIFF
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WI0360000-MANITOWOC COUNTY SHERIFF WI041015Y-WI CRIME LAB – MILWAUKEE
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