Darrell Brooks Bound Over for Trial with New Charges in the Waukesha Christmas Parade Tragedy

After being arrested, Darrell Brooks reportedly told police “I didn’t mean to kill nobody,” his attorney said. He now faces 77 charges related to the Waukesha Christmas Parade tragedy.

Waukesha County Circuit Court Commissioner Kevin Costello ruled in a preliminary hearing today that the case against Brooks will proceed to trial. This comes after prosecutors amended the original criminal complaint, adding more charges.

“There is ample evidence on all fronts,” Costello said.

A preliminary hearing is a proceeding where a court official decides whether there is enough evidence to bring the case to a criminal trial.

Brooks was initially charged with five counts of intentional homicide tied to the parade deaths and now faces six counts, according to the amended criminal complaint. 

Waukesha County District Attorney Sue Opper presented the prosecutor’s one witness, Waukesha Police Detective Thomas Casey, who is a lead investigator in the case and was working traffic control at the parade when Brooks drove through the crowds.

Casey responded to questions from Opper drawing on first-hand experience from the parade, as well as video evidence gathered by investigators.

“I’d say it was at a slow speed at that point, eventually the vehicle made contact with me and I was pounding on the hood, yelling for it to stop, which it did not,” Casey said.

If convicted of first-degree intentional homicide, Brooks could be imprisoned for life, according to the amended criminal complaint.

He is also charged with a longer list of criminal counts that include lesser charges related to those deaths as well as two misdemeanor counts from domestic incidents that occurred just before the parade.

Brooks faces 61 counts of first-degree recklessly endangering safety, six counts of hit and run resulting in death, two counts of felony bail jumping and two counts of misdemeanor battery, as listed in court.

Costello listed charges with corresponding victims using letters from A to Z, AA to ZZ and AAA to OOO. 

The annual Christmas parade had hundreds of participants and thousands of spectators and runs about .9 of a mile, Casey estimated.

There are more than 60 video evidence files in the investigation from citizens, businesses and city-owned cameras, according to Casey.

He described hearing a car horn honking and moved to the middle of the street before seeing a 2010 red Ford Escape emerge from the parade participants. 

Casey identified Brooks as the SUV’s driver and only occupant after moving to the side of the vehicle and looking through the driver’s window.

As the vehicle continued, speeding up, it did not stop when other officers told it to do so, Casey said.

While driving between White Rock Avenue and Barstow Street, the vehicle stayed on the north side of the road, honking its horn and slowing down; after Barstow Street, it increased its speed and started zig-zagging through the parade participants in the street, Casey said, summarizing video evidence.

Between Barstow Street and Broadway, Casey said the vehicle was still zig-zagging, hitting people and running people over, and then increased its speed again as it reached Clinton Street.

“It appears that the vehicle is intentionally aiming for people,” Casey said. “At one point in the video, you can see the vehicle running over people. At one point there is someone on the hood of the car, where the vehicle jams on its brakes, appears to have the person come off the hood of the car, and then continues driving and drives over that person.”

The Waukesha Police Department has identified 61 people as being directly struck by the SUV Brooks was driving, six of the receiving fatal injuries, according to Casey.

Brooks abandoned the SUV and was arrested a few blocks away from the parade route; he did not return to the parade route or the victims, Casey said.

Following Opper’s questions, Brooks’ attorney, Anna Kees, questioned Casey.

Kees asked Casey to further describe the parade route and the barricades, which Opper said implied Brooks could not leave the parade route, but he still could have stopped the vehicle.

When asked, Casey confirmed that at times Brooks avoided striking people or other vehicles.

She asked Casey to confirm that officers smelled marijuana on Brooks and that his eyes were glassy after arresting him. 

Kees highlighted that Brooks refused to view photos and videos of the incident during interrogation, putting his head down and begging officers to stop showing them at one point.

She closed the defense’s questions by quoting Brooks telling officers he “didn’t mean to kill nobody.”

Costello ruled that the state presented sufficient evidence that Brooks committed a felony or felonies.

Brooks will be bound over for trial, which Costello set at 10:15 am on Feb. 11.