Law&Crime Sidebar - Darrell Brooks: 6 Surprising Moments in Mass Killer's Plea for Running Over Ex

Episode Date: May 6, 2024

Darrell Brooks, the man whose antics went viral during his trial for killing six people during a Christmas parade in Waukesha, Wisconsin, appeared in front of a judge Monday for the start of an unrelated assault case. But unlike his court hearings in 2022, Brooks retained an attorney, who helped negotiate a plea deal on the domestic violence and witness intimidation charges. Law&Crime’s Jesse Weber breaks down the accusations against Brooks, the connection to the parade massacre, and what’s next.PLEASE SUPPORT THE SHOWIf you’ve used Incognito mode in Google’s Chrome browser, find out if you have a claim in a few clicks by visiting https://incognitoclaims.com/sidebarHOST:Jesse Weber: https://twitter.com/jessecordweberLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokeVideo Editing - Michael DeiningerScript Writing & Producing - Savannah WilliamsonGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on Audible. No one is going to pretend that we're going to introduce Mr. Brooks and no one's going to know who he is. He's a defendant who's gone viral for his wild outbursts, his courtroom misconduct, and his heinous attack on innocent parade goers out in Waukesha, Wisconsin. Dorel Brooks Jr. was set to face new charges in a separate trial, but at the last minute, chose to accept a plea deal. We're breaking down what happened in court. Welcome to Sidebar, presented by Law and Crime. I'm Jesse Weber. Hey there, everybody. This is a law and crime legal alert. Google Incognito tracked users

browsing data without their knowledge. Well, Mass Tort Alliance, one of our legal sponsors, is actually helping users file for compensation due to Google misleading the privacy of their incognito browser. So if you've used Google Incognito any time since 2016, you can start your claim in less than 10 questions at incognito claims.com slash sidebar. Dorel Brooks Jr. is no stranger to the Wisconsin court system. No, in 2022, he was convicted of intentionally driving his red SUV into a Christmas parade route in Waukeshaw, killing six people, wounding dozens of others.

He's currently serving six life sentences for that attack, as well as another two years in prison after he pleaded guilty to carrying a firearm as a convicted felon back in 2020. Prosecutors had charged him for shooting at his nephew. Now, Brooks was supposed to go to trial this week, again, in Milwaukee, accused of running over the mother of one of his children back in November of 2021, just weeks before the parade attack. Well, during Friday's final pretrial hearing, the judge addressed the elephant in the courtroom.

Jury selection is going to be our biggest hurdle. What I have thought just on my own, and I don't know if the parties have thought about this, I don't know if anybody would think that a court trial would be a preferable way to go to avoid any of those potential issues that would arise with having a jury and trying to seat a jury with a case that has not, this case is not notorious, but certainly Mr. Brooks's other case is notorious. And we certainly will do our best to seat a fair and impartial jury. But that's just off the top of my head.

I think that might be the best way. But of course, Mr. Brooks, that is ultimately his decision on whether it would be a court trial or a jury trial. So I just throw that out there. Nobody's requested that at this point. There has been a request for a jury trial, so we will plan on that. But it is just some food for thought that it may be a way to allow for evidence to be presented without the potential tangential issues that would arise with a jury.

So that's just something to think about. In addition to that, if I'm going to go on the assumption at this point that we are having a jury trial. I have not prepared any written information. I will prepare that over the weekend and give it to the parties and we can certainly talk about it. But I think we have to address it. No one is going to pretend that we're going to introduce Mr. Brooks and no one's going to know who he is. So obviously it's not going to be, you know, one of the standard questions I asked during voir dire is, you know, has anyone heard anything about this case or about this defendant or had any opinion as to anything. That may foreclose us from

seating any of the people that we bring in for Wadir right off the bat because it was a big deal. The Waukesha case was a big deal. So I will prepare something. Do the parties have thoughts or do you want to prepare something as well and we can kind of put something together as far as a preliminary statement to the jury? I mean, obviously advising them that this needs to be, you will only judge this case on this evidence and, you know, asking those questions if they can be fair and impartial and put out of their minds anything that they may know about Mr. Brooks. You may notice, by the way, that Brooks is in a wheelchair. He's been seen in a wheelchair ever since his conviction in the parade trial. We don't really know why, likely some kind of medical issue, because he's not restrained in that chair.

but Brooks has been maybe surprisingly very cooperative so far first appeared in court on these charges back on November 5th, 2021. Brooks was charged with recklessly endangering safety, disorderly conduct, and battery. All those charges were modifiers of domestic abuse because Brooks and the victim in this case is ex- Erica Patterson. They had been in a relationship and share a daughter. Now a cash bond of $1,000 was set and an order was signed saying Brooks couldn't have any contact with Patterson and he couldn't have any dangerous weapons, but we know that just two weeks later, Brooks would drive his mother's car into the parade route. Now, on Monday, when jury selection was supposed to start in this new trial, there was a last-minute meeting

between the lawyers and the judge, and it was announced that Dorell Brooks was going to plead no contest to some of the charges and not go to trial. Now, on no contest plea, to be clear, it doesn't mean that Brooks is admitting or denying guilt. He's basically a acknowledging that the state likely has enough evidence to convict him, and he won't challenge it with the defense. We are here. It is the day that our trial was scheduled, but I have plea paperwork, and I understand that the parties have reached an agreement. Mr. Torbenson, do you want to put the state's offer on the record? Case ending 4596, the state anticipates Mr. Brooks entering a no-contest plea to count three, second-degree recklessly endangering safety as an act of domestic abuse. Based upon that,

to count three, the remaining charges would be dismissed and read in for consideration at sentencing. As to case ending 5020, the state anticipates Mr. Brooks entering a plea of no contest to count one felony intimidation of a victim. Based upon that plea, the state would move the court to dismiss and read in the remaining two charges for consideration of sentencing. At the time of sentencing, the state will recommend that the court sentenced Mr. Brooks to a substantial term in the Wisconsin state prison system. We will leave the ultimate interpretation of that to the sound discretion of the court. The defense would be completely free to argue for the appropriate sentence. It also contemplates the amended information is not being filed. Okay.

Mr. Turvinson, you talked about count three as charged, correct? Yes. Okay. All right. Mr. Jones is that your understanding of the state's offer? Yes, Your Honor. And I actually did an attachment of an email string between. the state and I for clarity of the record.

Okay, I appreciate that. And I had Mr. Brooks initial next to the offer section. Great. We are, you're planning or anticipating that it will be a no contest plea. Do you want to make a record as to why that is rather than a guilty plea? Yes, Your Honor. My client is entering a no contest plea in those discussions. I indicated that he understands that he'll be found guilty,

but he is standing silent as to, or sorry, He's not contesting the allegations because of potential civil liability, which he may or may not be exposed to with respect to these charges, and therefore we've negotiated a no contest plea. But I will tell you that he understands he'll be found guilty. This is not a maintaining of innocence thing. This is an issue. This is a legal decision based upon potential civil liability. All right. And the state is that was part of your offer and you are willing to accept a no contest plea for those purposes?

I am understanding that the victim, Ms. Patterson, can still seek restitution in these. matters if she so wishes. We are not objecting. All right. All right. And the court is willing to accept it for the reasons that have been stated on the record. The named victim will have the opportunity to put in a request for restitution that is separate from a civil liability thing. So that will still be a potential that will be part of this. So, Mr. Brooks, it is my understanding that you are planning to enter a guilty plea today to two-char. No, no contest. See, I told I know you did. It is habit.

I apologize. No contest plea to two of these charges that are pending against you. Is that correct? Yes, Your Honor. All right. Have you had any drugs or alcohol in the past 24 hours? No, Your Honor. Are you on any medications?

No, Your Honor. Are there any medications you're supposed to be taking that you have not taken? No, Your Honor. All right. So what is your plea then in 21 CF 4596 of second degree recklessly endangering safety with the domestic abuse assessment? No contest, Your Honor. all right and in 21 CF 5020 intimidation of felony intimidation of a victim no contest your honor all right

and there are a number of reasons why somebody would plead no contest you avoid a big trial there's no public admission of guilt sure it would affect your rights to appeal could definitely have an impact on civil cases but it's definitely an option other than ultimately pleading guilty sentencing is going to be held in August, but Brooks is headed back to prison either way. It doesn't really change the impact of his life. What we have seen here in this case is very different, though, from what we saw during the Christmas Parade Massacre case. Why do I say that?

I say that because in that 2022 trial, Brooks and his courtroom behavior were on full display. It's what really, really brought a lot of attention to this case other than the fact that this was a horrific crime where six innocent people were killed and others were injured and severely traumatized by what happened but going back to his behavior this was in the days before his case even got underway he chose to go pro se meaning he would act as his own attorney remember this i'm a grown man with grown kids don't nobody ain't nobody don't talk to me like that nobody i don't have a problem with doing what you asked me to do not tell me you about subject matter jurisdiction that you have yet to prove on the record.

But somehow I'm being intentionally disruptive. Come on, man. Stop. Just stop it. Jury's coming out. All right for the jury. Not going to work. There were times during that trial that Brooks was so disruptive that he had to be moved

to another courtroom where he could sort of participate. But he was muted if the judge deemed whatever he was doing or saying inappropriate. You might remember that he removed his shirt. He also built a fort out of evidence boxes. He would wave his arms so he could be seen on camera, refused to wear the headphones so he could hear what was going on. And when he was allowed back in the courtroom, he continued to disrespectfully challenge Judge Jennifer Daro.

All right, the jury's coming back out, and I'm going to warn you, if you bring this up again, I will pause and I will remove you to the next courtroom for being disrespectful. Did you hear what I said, sir? No, I did not. I object to that, Your Honor. I'll make the appropriate record. Stop interrupting me.

The jury's coming out. We're continuing with this trial, despite your repeated efforts to disrupt. Yesterday, sit down. Yesterday alone, sir, 17 interruptions, not including the opportunity that I gave you where you spent 15 minutes, okay, discussing what were primarily either irrelevant or baseless accusations and requests not based in law or fact. I was abundantly patient with you yesterday. And you still have to verify by proof any of what I say.

And none of that is required, sir. Because it is. You can't verify. Your belief that that's the law doesn't make it so, Mr. Brooks. Despite all of his efforts to defend himself, Daryl Brooks was convicted on all 76 charges, including six counts of first-degree intentional homicide. Jury the liberated for only a few hours before reaching that decision. On November 16th, Judge Darrow sentenced Brooks to,

six life sentences plus 700 years. We learned a lot about Brooks's tumultuous relationship with Erica Patterson during the course of this Walker Shard trial, which brings us back to the case at hand. In fact, Patterson says that she got into a fight with Brooks just before he took off toward downtown where that parade was happening. And it always has been a point of contention if that was a motivation for what he did. So the prosecution called Patterson as a witness. Describe for us what happened when Mr. Brooks first arrived in Frame Park when you first saw him that day.

We were still arguing pretty much. He was already in a bad move when he met up with me anyway. This is an argument that face-to-face using words, not messaging, right? Yes. Okay. Did you get in the vehicle? Yes. Okay.

And what happened next? We drove around and we were arguing and that's when we got into the altercation in the car. And that's when I jumped out. We were up the hill. Do you remember exactly? exactly the route that the two of you took while you were driving around? Injection, let me see. All the roads, she may answer.

Yes, I do. I'm not sure the exact street names. Like I said, I'm not from Waukesha, but I do know the route. What happened once you got up at the top of the hill? He drove up farther more, and then that's when I jumped. It was on the up the hill, it was farthermore, and then that's when he hit me, and I jumped out of his car. Well, his mother's car. Where were you sitting when he hit you?

the passenger side front seat where was he sitting driver's side what did he use to hit his hand was it an open hand a closed fist yes what was it like this sorry like his open hand okay but it was hard because it the record you reflect the witness raised her right hand and yeah kind of waved it almost like a backslap no harder than that what did you do after mr brooks struck you i cried and then i just jumped out of the car and then going towards down the hill that's when he was following me describe how you were going down the hill walking down the hill and how was he going down the hill driving the red for escape yes what happened next he just followed me all

way to the park he tried to take my phone from me at the light going down the hill and he just kept following me and arguing with me out the window miss patterson who's that in the in the picture that's me photograph was taken? The death of the parade. November 21st? Yes. The night?

Yes. Okay. And what injuries do we see in that photograph? That is my left eye that was swollen. Your left eye would have been the eye closest to the defendant based on your description of where you and the defendant were sitting in the vehicle? Yes. And how did you sustain that injury?

From him, Mr. Brooks, when he hit me. Ms. Patterson, did you consent in any way to being struck in the face? No. But here's the thing. Since he was representing himself, Brooks had the opportunity to cross-examine his own ex-girlfriend. friend. And during that time, did you make any disparaging remarks or anything to entice the argument to escalate? No. So you didn't say anything at all during your 30 minutes with the alleged defendant? No, because I was crying the whole time because Mr. Brooks was yelling at me,

arguing with me so you said absolutely nothing at all i was crying the whole time did you say anything no um a few more questions You said that during this, well, once you had got out of the vehicle, as you say, you stated that your friend, Ms. Corey, pulled you away from the vehicle because it swerved. Yes, it was in the video. You do know that we just saw the video. Would that be fair to say? Yes, but there's two angles of the video. Well, we only saw one, so I'm referring to the video that we saw. Corey pulled me out the way when Mr. Brooks made a U-turn,

and you almost swerved into Ms. Patterson, which is me. Would it be fair to say that the video does not show that? There's different angles, but the video does not show that the video we watched. Bit awkward, to say the least. I think that's a fair assessment. We also heard from Officer Jeremy Phillips of the... Waukeshaw Police Department. He interacted with Patterson that day as her friends tried to report that Brooks had hit her. But as the officer was trying to get more information from Patterson, all of these

calls started coming out about the chaos at the parade. I pulled my squad over. I exited my driver's side of the vehicle, came around in the front of my vehicle when a short black female who was wearing what appeared to be a blue coat and blue jeans, walked in the front of my patrol vehicle. There was two other subjects that were with her and they started to indicate that she had been assaulted by a boyfriend of some type i started to talk to the female who had the blue coat on and i said okay i said well what happened who is this person and she tried to downplay what happened she didn't want to be cooperative she made comments to the effect of nothing happened it was just a verbal argument uh i'm fine i just want to leave did you see any uh injury on her

So at that time, I did. The two subjects that were with her tried to tell her that they said, no, Erica, you need to tell him what happened. And one of the subjects looked at me and said, officer, you need to look at her face because she was bladed a little bit to 45 degrees away from me. So I kind of stepped and looked a little bit to the side and I could see that her face was swollen. There was obvious bruising on it. She had an obvious black eye on one side of her face. The other eye also looked like it was swollen, but it was a peer that she had facial injuries that were obvious.

Were you going to investigate her complaint further? I was attempting to investigate the complaint further, yes. And then what happened? So as I was speaking to this woman who identified herself as Erica, along with the two other people that were with her who I did not identify, the calls on the radio at that, point were 1078 after 1078 after 1078. Okay, what does that mean? So 1078 law enforcement jargon is officer needs immediate assistance right now all

available units. As that was being called multiple times, other people were coming on the radio and stating there were subjects down in the street, then it was 10 people down, then it was 15, then it was to 30 or 40 and I had to make a decision at that point, speaking with the subjects, particularly the one who appeared to be involved in the most injured, who was not being cooperative with me, that the greater danger and the clear and present threat that was happening downtown had to draw my attention. I had to leave. So again, this is not the alleged assault that Brooks was charged with in this current case, but it gives us an idea of their relationship and the issues that these two people had.

after the walk-a-shut trial and his conviction, Brooks filed a petition for post-conviction relief, this time with the help of a public defender. Again, sentencing in this domestic violence case is scheduled for August, but we will, of course, continue to follow more updates on the Derell Brooks saga and his attempts at an appeal. That is all we have for you here on this episode of Sidebar, everybody. Thank you so much for joining us. As always, please subscribe on Apple Podcast, Spotify, YouTube, wherever you get your podcast. I'm Jesse Weber. I'll speak to you next time.