Day 4 of the Waukesha Christmas Parade attack trial: Brooks used SUV as 'battering ram,' prosecutors say in opening statements

WAUKESHA - Following hours of issues, including extraordinary extensive jury instructions, opening statements and testimony finally began late Thursday afternoon in the Waukesha Christmas Parade attack trial.

Darrell Brooks Jr. is accused of 76 criminal counts, including six first-degree intentional homicide charges, in a case involving potentially dozens of witnesses. Two testified on Thursday.

In the prosecutor's opening statement, Assistant Waukesha County District Attorney Zach Wittchow literally set the scene of the prosecution's case, focusing on the deaths and injuries that occurred on Main Street in the late afternoon hours of Nov. 21, 2021.

He said Brooks "left that crime scene because he was fleeing from another one," angrily driving into the parade route less than a mile from the other incident at Frame Park. "He hit the gas on his red Ford Escape and used it as a battering ram over and over again, striking men, women and kids."

It began following a violent argument between Brooks and his former girlfriend, who is also his child's mother, who was staying at a women's shelter in Waukesha on Nov. 21, Wittchow said.

Despite the many dozens of witnesses, the prosecution pledged not to overwhelm jurors with testimony and evidence.

"We intend to present the evidence to you in an efficient and streamlined way ... to avoid hardships on the victims who have endured so much," he said.

Wittchow said the prosecution is prepared to argue that Brooks intentionally caused the deaths of individuals and put dozens more at risk, countering any anticipated claims by Brooks that he had no such intent.

Part of the focus will be the "deadliest" point in the parade, when Brooks' SUV ran into the Dancing Grannies and killed four.

For his part, Brooks deferred his opening statements to later in the proceedings, possibly before presenting his case after the prosecution has rested.

Somewhat unexpectedly, testimony began after 4:15 p.m.

Police officer testifies about SUV's approach

Waukesha Police Sgt. David Wanner, who works in patrol and was on duty during the parade, explained the strategic placement of security details surrounding the parade route.

At one point after the parade was underway, he saw a red SUV "traveling at a high rate of speed" and into the parade route. In response to Waukesha County District Attorney Sue Opper's query, he estimated the vehicle was traveling 40 mph in a 25-mph zone on White Rock Avenue and into the parade route on Main Street.

"As the driver passed, essentially about 6 feet in front of me, I could see the driver," said Wanner, who then got into his squad car.

"It was the most terrible thing I ever heard," he said, choking up and pausing, as he alluded to the cries emerging from victims.

He confirmed a video matched his memory of the vehicle and circumstances as it entered the parade.

In cross examination Brooks asked whether, in the video, Wanner could see anyone trying to intentionally hit people. Wanner said he did not.

Witness testifies of confrontation near park

The next witness, Kori Runkel, was among the women at the shelter where  Brooks' ex-girlfriend was also staying in November. They bunked together, she added.

Runkel said the woman spoke about Brooks previously, and was hanging out with her until  the woman left the river area at Frame Park to meet up with Brooks on Nov. 21. Runkel later saw the woman arguing with Brooks, who demanded she get back in the car outside Whiterock School. She confirmed video evidence of the encounter.

Runkel testified that she confronted Brooks, with each "going at it" verbally, after the woman  started climbing into his SUV.

In cross examination, Brooks asked exactly how she could identify Brooks as the driver, or his car, if Runkel had never seen him before. She replied that she knew from the woman that she was meeting Brooks, who she assumed was driving up to her at that moment.

But she acknowledged she had not previously seen Brooks.

"So, by personal observation, no, no, no. It was based on what I was told," Runkel said.

Brooks also questioned that, given Runkel's admission that she and the woman had consumed a half-pint of vodka, if she might have been too impaired to understand what was happening at that time. But prosecutors objected to the question as speculative, and Waukesha County Circuit Judge Jennifer Dorow sustained it.

He challenged whether she had truly heard any threats to the woman from him.

"Yes, that you were yelling at her, and that you were going to kill her and get in the car," Runkel replied.

Brooks also challenged her account that, in Runkel's confrontation with him, she "smacked" her and that she "staggered back."

While the point of his cross examination appeared to bring Runkel's credibility into question, it was lost as it dragged on past 6:30 p.m. and prompted Dorow to ask Brooks to move forward.

"What it be fair to say that you were tipsy?" Brooks asked.

"Yes," she replied, but not drunk, Runkel also said to another question.

On redirect, Wittchow rebuilt the basis for her testimony, that Runkel had spoken with an investigator about the threats she heard Brooks make to thewoman.

Day began with additional delays

No sooner had Dorow gaveled Day 4 of the trial into session had Brooks began a series interruptions and protests.

It all erupted as she tried to address why he had chosen to wear his bright orange jail clothing, not the suit or other street clothes that he has access to.

After more than a dozen interruptions, Brooks was again removed to a neighboring courtroom.

When he appeared on video from that courtroom 15 minutes later, his shirt was off, his back facing the camera. Dorow explained that he had also removed a shoe, appeared as if he wanted to throw it and then threatened to break items.

In her findings, Dorow again explained the legal basis for his removal from the court.

She also warned that his conduct, if he continued the "chaos" in front of the jurors, would come at his own peril in his defense.

DA insists Brooks is competent to stand trial and act as his own attorney

Opper asserted again that she is convinced Brooks is competent to stand trial and his behavior should be viewed as nothing more than a delay tactic.

"At no time as has anyone in this case had a competency concern," Opper said, noting professional and observational cues about his mental state, including monitored phone calls he has made from the jail showing a lucid state of mind.

"I'm thoroughly convinced he is 100% competent to proceed trial," she said. "We are 100% convinced that his conduct (is) ... deliberate and intentional. ... He is attempting to derail these proceedings."

Dorow concurred, noting four examiners in July and August who evaluated Brooks for his insanity defense had raised no issues about his legal competency.

"I share your observations," she said, including Opper's statements as part of her findings and concluding his conduct was more about "defiance" than mental health.

Day 3 of trial: Judge denies Brooks' request to adjourn trial for COVID-19 protocols

Day 2 of trial: A jury has been selected; opening statements set for Thursday

Day 1 of trial: Defendant Darrell Brooks Jr. repeatedly removed from courtroom

Video of victims and witnesses will be allowed

Opper's motion for reconsideration of her request to deny video recording of victims and witnesses was ultimately denied.

Opper noted Brooks' conduct in court has only added to their stress, and having their faces captured by cameras would exacerbate their trauma, which has likely increased as the trial proceeds.

Brooks countered that Dorow's previous decision on the issue in September should stand.

"Everything is supposed to be public. This is a public trial," Brooks said.

"This court took significant efforts to keep victims' names private," Dorow said. "In addition, I have done everything I could do to protect their privacy. ... The time has come for this trial to be conducted."

She noted that victims' names will now be on the record.

Recognizing Opper's concerns about the stress it might cause of those testifying, Dorow said the court has no choice. "I am not unmindful of the impact," she added.

Jury gets preliminary instructions

The last order of business before the presentation of opening statements was the preliminary instructions jurors must follow as the case proceeds.

Some of the instructions were standard and traditional, such as not discussing the case with anyone or exposing themselves to media reports of the trial or earlier coverage in the case.

But Dorow also included each of the 76 criminal counts: six counts of first-degree intentional homicide with use of a dangerous weapon, 61 counts of recklessly endangering safety with use of a dangerous weapon, six counts of hit-and-run involving death and two counts of bail jumping, all felonies; and two counts of misdemeanor domestic abuse-battery, one of which has been dismissed.

Brooks submits detailed objection concerning his name

One of the side issues throughout the proceedings, as well as recent hearings prior to the trial, is his name. That issue was addressed in detail amid the hourslong jury instruction process, which was split by a lunch break.

A meticulously handwritten objection by affidavit, penned by Brooks, attempted to distinguish between the person charged, DARRELL E. BROOKS (in all capital letters) and the person acting as as attorney, Darrell Edwards Brooks Jr.

DARRELL E. BROOKS "is an entity WITHOUT THE STATE OF WISCONSIN and is without a legal personality attached to its name and has no standing nor interest within this matter before the court," he wrote.

When alluding to this affidavit, Brooks wanted the court to acknowledge his objections and explain on what basis it was overruled.

Contact Jim Riccioli at (262) 446-6635 or james.riccioli@jrn.com. Follow him on Twitter at @jariccioli.

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This article originally appeared on Milwaukee Journal Sentinel: Darrell Brooks Jr Waukesha Christmas Parade trial takeaways from Day 4