Waukesha Christmas Parade Suspect Appears in Court

Monday, June 27th, 2022 -- 12:00 PM

(AP) A man accused of driving his SUV through a Christmas parade in suburban Milwaukee last year, killing six people and injuring dozens more, this week served notice he will try to persuade a jury that he was mentally ill during the incident and if convicted should go to an institution instead of prison.

But Darrell Brooks Jr.’s new insanity defense could be a tough sell in Waukesha County, which is still recovering from the horrors of that November day. Court documents allege Brooks beat the mother of his child just before the parade began in downtown Waukesha on Nov. 21 because she hadn’t bailed him out of jail several days earlier.

He had been arrested for running her over with his SUV. He then drove the vehicle into the parade route, ignoring police orders to stop, according to a criminal complaint. He crashed into people head-on and ran them over as they lay on the ground, the complaint said.

He finally turned off the parade route, left his vehicle and tried to get someone to let him into his house. Police captured him there. Prosecutors have charged him with more than 80 counts, including multiple counts of reckless endangerment and six counts of intentional homicide.

Each of the homicide counts carries a mandatory life sentence. Brooks initially pleaded not guilty. His attorneys asked Judge Jennifer Dorow on Monday to move his trial out of Waukesha County due to negative publicity.

When Dorow refused he changed his plea to not guilty by reason of mental disease or defect. That’s Wisconsin’s equivalent of an insanity plea. Brooks is essentially saying he was suffering a psychotic episode and didn’t realize what he was doing was illegal or was incapable of obeying the law.

Dorow will appoint a psychologist to examine Brooks and issue findings on whether there’s enough evidence to support his plea. If the psychologist finds he was competent, Brooks’ attorneys can ask Dorow to appoint an examiner of their choosing.

If there’s ultimately enough evidence to support the plea, Dorow will conduct a jury trial to determine whether Brooks committed the offenses. If he’s found guilty, she will hold another trial with the same jury to determine whether he was so mentally ill that he didn’t know he was breaking the law or couldn’t conform his actions to the law.

If the jury makes such a finding, Brooks would avoid prison and instead be committed to a mental institution for the duration of the sentences that accompany the criminal charges. He would be allowed to eventually petition for his release, however.

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