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Subject Appears in Court - Waukesha Court Commissioner Says “I Have Not Seen Anything Like This"

Updated: Nov 27, 2021

WAUKESHA, WI - We are covering breaking news out of Waukesha, Wisconsin where a Red SUV barreled down parade goers. At 4:39 PM on November 21 at Gasper Ave and Main Street a Red SUV drove through barricades headed westbound. It injured nearly 60 people and there are 6 confirmed fatalities at this time.


Darrell Brooks appeared in court for a Bail Hearing on Tuesday, November 23. Waukesha County Court Commissioner, Kevin M Costello, opened by informing members of the gallery that they need to remain calm during proceedings, even with emotions being so high. He stated that no media, besides a Pool Camera, was allowed to be used in His Court Room.


Brooks was then escorted in by two officers wearing a mask, cuffs, and a green jail suit and was sat by his attorneys.


The Commissioner said at the time of the hearing that there are five charges all of which have probable cause. Those charges are:

  • 1st Degree Intentional Homicide, Class A Felony, Life in Prison, for Victim A

  • 1st Degree Intentional Homicide, Class A Felony, Life in Prison, for Victim B

  • 1st Degree Intentional Homicide, Class A Felony, Life in Prison, for Victim C

  • 1st Degree Intentional Homicide, Class A Felony, Life in Prison, for Victim D

  • 1st Degree Intentional Homicide, Class A Felony, Life in Prison, for Victim E

The State also said that there was a 6th fatality in the tragedy and they will seek the same charges either Friday or Early Next Week. They will continue to monitor the victims involved and will look at additional charges based on their injuries, both physical and emotional.

The State then went on to explain Mr. Brooks lengthy criminal history. They list 17 past criminal and civil interactions in Wisconsin, Nevada, and Georgia. Those charges are as followed:

  • Wisconsin Criminal History

    • 2000

      • Battery

      • Prison Sentence waived for Probation

    • 2002

      • Possession of Marijuana as a Repeat Offender

      • Served 50 days

    • 2003

      • Resisting/Obstruction

      • Served 20 days

    • 2005

      • County Ordinance Violation for Disorderly Conduct

      • He failed to pay a fine

      • Served 30 days for non-payment

    • 2009

      • Obstructing an Officer

      • Served 2 days

    • 2010

      • Strangulation/Suffocation, Battery, Criminal Destruction of Property

      • Sentenced to 3 years Probation

      • That Probation was Revoked on August 1, 2011 and he was sentenced to 11 months in jail

    • 2012

      • Possession of Marijuana as a Repeat Offender, Bail Jumping, Possession of THC

      • Served 180 days

    • 2012

      • Resisting/Obstruction

      • Served 37 days

    • July 20, 2020

      • 2 Pending Charges from Milwaukee County for Endangering while Armed

      • July 24, 2020

      • 1 Pending Charge of Illegal Possession of a Firearm

    • November 2, 2021

      • 4 Pending Charges in Milwaukee County for Resisting/Obstruction, Bail Jumping, Reckless Endangerment, Domestic Violence/Battery

      • It is alleged that he struck the mother of his child with a closed fist and then ran her over with the same maroon Ford Escape used in the November 21, 2021 incident. He also ignored police orders during the arrest.

  • Nevada Criminal History

    • December 11, 2006

      • Found Guilty at Trial for Obstruction of an Officer

      • Served unknown amount of time

    • December 11, 2006

      • Pled Guilty to Domestic Violence Battery

      • Suspended

    • March 16, 2007

      • Found Guilty for Statutory Sexual Seduction which is a Felony

      • He was Sentenced to 36 months probation and to register in Nevada as a Sex Offender

      • He is Non-Compliant with that Registration Order

    • June 23, 2016

      • Failure to Register as a Sex Offender - First Offense

      • There is an Active Warrant for Mr. Brooks for Failure to Appear in Court

  • Georgia Criminal History

    • May 27, 2021

      • Charged with Battery, Family Violence

      • Not clear if Convicted

      • Served 6 months in a Georgia Prison - unclear what for

    • Outstanding 2003 Paternity Case

      • He was found to be the father of a juvenile and ordered to pay Child Support

      • It was found that he failed to pay the ordered Child Support and there were 8 warrants issued

      • He served Jail time for Failure to Pay Child Support

      • On August 2, 2021 another Warrant for Non-Payment of Support Issued

      • He served another 120 days in jail

      • On November 16, 2021 he appeared in court and was released at that time

      • Another Court Date is scheduled for December

Based on all of these charges, The State says Mr. Brooks is a flight risk and has an issue with following Court Orders. They recommend a Five-Million Dollar ($5,000,000) Bond.


The Defense was then allowed a rebuttal where they stated that Brooks is “financially indigent” and qualifies for a Public Defender and says that must be taken into account when setting bail.


The Commissioner then laid out conditions to be associated with the bail. Those are as followed:

  • Monitoring through WCS if Bail Posted

  • Brooks is NOT to leave Wisconsin

  • He is only to be released during business hours on a business day

  • The Sheriff is to immediately contact WCS if he is released

  • If he does not immediately go to WCS (which is very close to the Sheriff Office) WCS is to notify the sheriff and the public that he is non-compliant

  • He is NOT to operate a motor vehicle

  • He is to have NO possession of weapons or firearms

  • He is NOT to contact any of the families listed on the Victim ID Sheet

  • If there is Failure to Comply or Return to Court, additional bail jumping charges will be added

With Mr. Brooks being such a flight risk and the smaller bails not working in the past, the Commissioner set bail at the recommended $5,000,000 (Five Million Dollars).

The Commissioner remarked, “I am an old guy who’s been doing this for almost 40 years. From the DA’s Office, to a Defense Attorney, and now a Commissioner. The nature of this case is shocking that two detectives attempted to stop Mr. Brooks but were unable to stop this apparent intentional act. You are presumed innocent, sir, but that’s what the allegations are. I have not seen anything like this in my long career, this is a very strong case for The State. If you are found guilty on one charge or multiple charges, you will face life in prison. Bail was set extraordinarily high, but this is an extraordinarily serious case for a subject with an extreme history of fleeing and hurting people, as well as not following court orders.”

The Defense waived time limits on the trial and a next court date of January 14, 2022 @ 9:15 AM was scheduled. The state wants to speak with victims before this time and if that is not possible they will contact the court as soon as possible.

Darrell Brooks was then escorted back out of the court room. He took a moment to stop and look at the gallery before being removed from the room.

Present were Attorney Hopper, Attorney Perry and Commissioner Kevin M Costello.

The Commissioner ended by thanking and commending the audience for the handling of the proceedings and asks that they continue that in the future.


To watch the entire court hearing via FOX6 Milwaukee, visit: https://www.youtube.com/watch?v=IVChbiebJMg

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