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Crime Legal experts see case for intent in Waukesha parade crash

01:50  25 november  2021
01:50  25 november  2021 Source:   msn.com

At least 20 people injured after SUV slammed into Wisconsin Christmas parade, authorities say

  At least 20 people injured after SUV slammed into Wisconsin Christmas parade, authorities say An SUV sped into a Christmas parade in the Milwaukee suburb of Waukesha, leaving at least 20 people injured, authorities said Sunday. Your browser does not support this video Police in Waukesha, located about 20 miles west of Milwaukee, were urging people to avoid the downtown area. Mayor Shawn Reilly told WITI in Milwaukee that he does not believe there is any current danger to the public. Videos posted to social media, including a live feed of the parade operated by the City of Waukesha, show a red SUV breaking through barriers and speeding into the roadway where the parade was taking place.

Legal experts say the evidence strongly supports intentional homicide charges that would mean life in prison. Former Waukesha County District Attorney Paul Bucher said it might be difficult to prove intent with the first person Brooks struck, “but when he kept going and knowing what he had done to the Brooks, 39, is charged with five counts of first-degree intentional homicide and is expected to face a sixth count after an 8-year-old boy died Tuesday. Waukesha County District Attorney Susan Opper has also said additional charges are likely. Brooks' attorneys, Jeremy Perri and Anna Kees, cautioned

Legal experts cautioned that one extreme case should not be reason to push for higher bail amounts that would keep poorer defendants behind bars longer while they await trial. “We don’t want to have a kneejerk reaction here and say ‘Let’s lock up a lot of people pretrial,” said John Gross, a law Hundreds gathered at a downtown park Monday night in Waukesha , Wisconsin, for a candlelight vigil in honor of those lost and hurt in a deadly Christmas parade crash a day earlier. A pair of clergy solemnly read the names of those who died. Volunteers handed out sandwiches, hot chocolate, and candles at

The man accused of plowing his SUV into a parade of Christmas marchers could have turned down a side street but didn’t. Once he passed it, he never touched the brakes — barreling through and leaving bodies in his wake, according to a criminal complaint.

Darrell Brooks, left, speaks with a lawyer during his initial appearance, Tuesday, Nov. 23, 2021 in Waukesha County Court in Waukesha, Wis. Prosecutors in Wisconsin have charged Brooks with intentional homicide in the deaths of at least five people who were killed when an SUV was driven into a Christmas parade. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, Pool) © Provided by Associated Press Darrell Brooks, left, speaks with a lawyer during his initial appearance, Tuesday, Nov. 23, 2021 in Waukesha County Court in Waukesha, Wis. Prosecutors in Wisconsin have charged Brooks with intentional homicide in the deaths of at least five people who were killed when an SUV was driven into a Christmas parade. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, Pool)

No motive has been given for Darrell Brooks Jr., the suspect in the suburban Milwaukee crash Sunday that killed six people and injured more than 60 others, but it may not matter if he goes to trial. Legal experts say the evidence strongly supports intentional homicide charges that would mean life in prison.

Police: 'Some' killed when SUV hits Christmas parade

  Police: 'Some' killed when SUV hits Christmas parade WAUKESHA, Wis. (AP) — An SUV driver sped through a police line and into a parade of Christmas marchers on Sunday, hitting more than 20 adults and children in a horrifying scene captured by the city’s livestream and the cellphones of onlookers. Waukesha Police Chief Dan Thompson said “some” people had been killed but would not give an exact number. A person was in custody, he said, but he did not give any indication of motive. One video shows aWaukesha Police Chief Dan Thompson said “some” people had been killed but would not give an exact number. A person was in custody, he said, but he did not give any indication of motive.

Legal experts cautioned that one extreme case should not be reason to push for higher bail amounts that would keep poorer defendants behind bars longer while they await trial. “We don’t want to have a kneejerk reaction here and say ‘Let’s lock up a lot of people pretrial,” said John Gross, a law Hundreds gathered at a downtown park Monday night in Waukesha , Wisconsin, for a candlelight vigil in honor of those lost and hurt in a deadly Christmas parade crash a day earlier. A pair of clergy solemnly read the names of those who died. Volunteers handed out sandwiches, hot chocolate, and candles at

Legal experts cautioned that one extreme case should not be reason to push for higher bail amounts that would keep poorer defendants behind bars longer while they await trial. “We don’t want to have a kneejerk reaction here and say ‘Let’s lock up a lot of people pretrial,” said John Gross, a law Hundreds gathered at a downtown park Monday night in Waukesha , Wisconsin, for a candlelight vigil in honor of those lost and hurt in a deadly Christmas parade crash a day earlier. A pair of clergy solemnly read the names of those who died. Volunteers handed out sandwiches, hot chocolate, and candles at

Former Waukesha County District Attorney Paul Bucher said it might be difficult to prove intent with the first person Brooks struck, “but when he kept going and knowing what he had done to the first person and didn’t stop, then it was all intentional.”

Brooks, 39, is charged with five counts of first-degree intentional homicide and is expected to face a sixth count after an 8-year-old boy died Tuesday. Waukesha County District Attorney Susan Opper has also said additional charges are likely.

Darrell Brooks, center, is escorted out of the courtroom after making his initial appearance, Tuesday, Nov. 23, 2021 in Waukesha County Court in Waukesha, Wis. Prosecutors in Wisconsin have charged Brooks with intentional homicide in the deaths of at least five people who were killed when an SUV was driven into a Christmas parade. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, Pool) © Provided by Associated Press Darrell Brooks, center, is escorted out of the courtroom after making his initial appearance, Tuesday, Nov. 23, 2021 in Waukesha County Court in Waukesha, Wis. Prosecutors in Wisconsin have charged Brooks with intentional homicide in the deaths of at least five people who were killed when an SUV was driven into a Christmas parade. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, Pool)

Brooks' attorneys, Jeremy Perri and Anna Kees, cautioned people not to judge the case before all facts are known.

Waukesha Christmas parade: 5 killed and more than 40 injured after a vehicle barreled through a Wisconsin Christmas parade, officials say

  Waukesha Christmas parade: 5 killed and more than 40 injured after a vehicle barreled through a Wisconsin Christmas parade, officials say Five people were killed and more than 40 were injured when a vehicle drove into a Christmas parade Sunday afternoon in Waukesha, Wisconsin, city officials said. © Nathan Bryce vehicle waukesha incident "These numbers may change as we collect additional information. Many people have self-transported to area hospitals," the city of Waukesha said in a Twitter post early Monday. Witnesses described the horror of seeing individuals struck and lying on the ground after a red SUV drove through a series of barricades and barreled into the crowded parade route on Main Street around 4:39 p.m. local time.

Shortly before an SUV barreled into a crowd of parade marchers and pedestrians on Sunday in Waukesha , Wisconsin, at least one officer described the driver as having "no emotion" on his face during attempts to slow him down.

Legal experts cautioned that one extreme case should not be reason to push for higher bail amounts that would keep poorer defendants behind bars longer while they await trial. “We don’t want to have a kneejerk reaction here and say ‘Let’s lock up a lot of people pretrial,” said John Gross, a law Hundreds gathered at a downtown park Monday night in Waukesha , Wisconsin, for a candlelight vigil in honor of those lost and hurt in a deadly Christmas parade crash a day earlier. A pair of clergy solemnly read the names of those who died. Volunteers handed out sandwiches, hot chocolate, and candles at

“It’s essential that we not rush to judgment, and instead treat these proceedings and all those involved with dignity and respect," they said in a statement.

“That includes Mr. Brooks, who is entitled to a vigorous defense and careful protection of his Constitutional rights. No matter how serious and emotional the charges, until the government proves its allegations beyond a reasonable doubt, our client is presumed innocent.”

This image provided by the Waukesha County Sheriff Office in Waukesha, Wis., shows Darrell Brooks, the suspect in a Christmas parade crash in suburban Milwaukee that killed five people. Brooks was due in court Tuesday, Nov. 23, 2021, where five homicide charges were expected to be filed, a crime that can carry the stiffest penalty possible under Wisconsin law — mandatory life in prison. (Waukesha County Sheriff Office/Milwaukee Journal-Sentinel via AP) © Provided by Associated Press This image provided by the Waukesha County Sheriff Office in Waukesha, Wis., shows Darrell Brooks, the suspect in a Christmas parade crash in suburban Milwaukee that killed five people. Brooks was due in court Tuesday, Nov. 23, 2021, where five homicide charges were expected to be filed, a crime that can carry the stiffest penalty possible under Wisconsin law — mandatory life in prison. (Waukesha County Sheriff Office/Milwaukee Journal-Sentinel via AP)

Opper said Wednesday her office would not comment on a pending case.

SUV driver in parade crash may have been fleeing a crime

  SUV driver in parade crash may have been fleeing a crime WAUKESHA, Wis. (AP) — Investigators are looking into whether the SUV driver who plowed through a Christmas parade in suburban Milwaukee, killing at least five people and injuring more than 40, was fleeing a crime, a law enforcement official told The Associated Press. The joyous scene of marching bands and children dancing in Santa hats and waving pompoms turned deadly in an instant on Sunday, giving way to screams and scenes of crumpled bodies as the SUV sped through barricades and struck dancers, musicians and others. Members of a “Dancing Grannies” club were among those killed. © Provided by Associated Press Police canvass the streets in downtown Waukesha, Wis.

Legal experts cautioned that one extreme case should not be reason to push for higher bail amounts that would keep poorer defendants behind bars longer while they await trial. “We don’t want to have a kneejerk reaction here and say ‘Let’s lock up a lot of people pretrial,” said John Gross, a law Hundreds gathered at a downtown park Monday night in Waukesha , Wisconsin, for a candlelight vigil in honor of those lost and hurt in a deadly Christmas parade crash a day earlier. A pair of clergy solemnly read the names of those who died. Volunteers handed out sandwiches, hot chocolate, and candles at

Legal experts cautioned that one extreme case should not be reason to push for higher bail amounts that would keep poorer defendants behind bars longer while they await trial. “We don’t want to have a kneejerk reaction here and say ‘Let’s lock up a lot of people pretrial,’” said John Gross, a law Hundreds gathered at a downtown park Monday night in Waukesha , Wisconsin, for a candlelight vigil in honor of those lost and hurt in a deadly Christmas parade crash a day earlier. A pair of clergy solemnly read the names of those who died. Volunteers handed out sandwiches, hot chocolate, and candles at

Brooks is accused of refusing to stop even as an officer banged on the hood of his SUV. Another officer fired three shots into the vehicle, but it did not stop.

Five people ranging in age from 52 to 81 were pronounced dead within hours. One of many injured children, Jackson Sparks, 8, died on Tuesday. Representatives for area hospitals said Wednesday that at least 16 people are being treated for injuries.

Brooks hasn't spoken publicly and it's not known what, if anything, he told investigators.

But even if Brooks was under the influence of drugs or alcohol at the time — and police have not said he was — that could not be used as a defense in Wisconsin, experts said.

Tom Grieve, a Brookfield defense attorney and former Waukesha County prosecutor, said one possible defense would be that Brooks was suffering from a mental disease or defect. A jury would have to decide if he was guilty of the charges and then whether he was mentally ill. Such a finding would likely land him in a mental institution rather than prison.

Opper could have charged Brooks with first-degree reckless homicide, which would have been a “slam dunk” conviction that, given Brooks' age, would have been an effective life sentence, Bucher said. But extensive video and other evidence also support the more serious charge, he and other experts said.

Waukesha parade crash suspect's bail raises questions

  Waukesha parade crash suspect's bail raises questions WAUKESHA, Wis. (AP) — The suspect in a Christmas parade crash in suburban Milwaukee that killed five people was free on $1,000 bail posted just two days before the deadly event, a fact that is leading to a review of what happened and renewed calls for giving judges more power to set higher bails. One pending case against Darrell Brooks Jr. included an allegation that he deliberately hit a woman with his car in early November after a fight. Prosecutors in Milwaukee County on Monday called their bail recommendation “inappropriately low” given the facts of that case and the Sunday crash, and said they would review it.

Darrell Brooks, center, speaks with a lawyer during his initial appearance, Tuesday, Nov. 23, 2021 in Waukesha County Court in Waukesha, Wis. Prosecutors in Wisconsin have charged Brooks with intentional homicide in the deaths of at least five people who were killed when an SUV was driven into a Christmas parade. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, Pool) © Provided by Associated Press Darrell Brooks, center, speaks with a lawyer during his initial appearance, Tuesday, Nov. 23, 2021 in Waukesha County Court in Waukesha, Wis. Prosecutors in Wisconsin have charged Brooks with intentional homicide in the deaths of at least five people who were killed when an SUV was driven into a Christmas parade. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, Pool)

“The fact he didn’t step on the brakes: That was intentional. The fact that his foot was on the gas: That was intentional. He could have stopped … He’s the only person who could put his foot on the brake pedal and he didn’t,” Grieve said.

A criminal complaint detailing the charges includes statements from police officers and witnesses who said the vehicle “appeared to be intentionally moving side to side,” with no attempt to slow down or stop as it struck multiple people and sent bodies and objects flying.

One officer who tried to stop the vehicle said Brooks was looking directly at him, and it appeared he had no emotion on his face, the complaint said.

Prosecutors would not be allowed to put police or bystanders on the stand to speculate on what Brooks intended to do or his state of mind, experts said.

Bucher said prosecutors also would not be able to introduce social media posts made by Brooks, an aspiring rapper, or lyrics from his songs suggesting an interest in violence — which became the subject of widespread speculation on social media that Brooks' actions were intentional.

'Glue me back together': Online pleas to aid parade victims

  'Glue me back together': Online pleas to aid parade victims MADISON, Wis. (AP) — Friends and families of the roughly 50 people, including many children, hit by an SUV that sped through a Christmas parade in a suburban Milwaukee downtown say they suffered life-threatening injuries, with some clinging to life. A young girl who is a member of a dance troupe struck by the SUV, a moment captured on cellphone video, woke up Monday and told doctors, “just glue me back together,” according to her GoFundMe fundraising page organized by a family friend.“No child or parent should have to endure this amount pain and suffering," the girl's mother, Amber Konhke, posted Tuesday afternoon.

Brooks included links on social media to his songs, several of which seemingly celebrate violence and call police “pigs.” In a biography on his SoundCloud account, he refers to growing up in the “dangerous west side neighborhood of Washington Park” in Milwaukee, his “multiple legal battles” and his desire to turn the “life he lived on the streets” into music.

Brooks, who has been charged with crimes more than a dozen times since 1999, had two outstanding cases against him at the time of the parade disaster, including one earlier in November in which he’s accused of intentionally striking a woman with his car in Milwaukee County. He had been free on $1,000 bail for that case, which prosecutors now say was inappropriately low.

And on Sunday, Brooks was leaving the scene of a domestic dispute that had taken place just minutes before he drove into the parade route, Waukesha Police Chief Dan Thompson said.

Several experts predicted a plea deal.

“If I were in this case, what I’d be trying to do was to see how I can put out this fire as quickly as possible,” said Phil Turner, a former federal prosecutor who now works in private practice in Chicago. “If you let it linger, it’s only going to get worse.”

___

Webber reported from Fenton, Michigan; Richmond from Madison, Wisconsin; and Condon from New York.

6th Intentional Homicide Charge Added For Driver Who Crashed Into Wisconsin Christmas Parade .
The sixth charge is for victim Jackson Sparks, an 8-year-old boy who was walking in the parade with his 12-year-old brother Tucker, who was also injured.The sixth charge is for victim Jackson Sparks, an 8-year-old boy who was walking in the parade with his 12-year-old brother Tucker, who was also injured in the crash, The Associated Press reported. If convicted, each charge has a life sentence.

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