The Sconi

A man accused of driving his SUV into a Christmas parade in Waukesha, killing at least five and injuring dozens more, had posted bail earlier this month in an unrelated case, leading to a call for bail reform in the state. 

According to an NBC News report, Darrell Brooks, 39, who was fleeing a domestic incident when he drove through the parade, had posted $1,000 bail in another domestic abuse case earlier this month. 

“The State’s bail recommendation in this case was inappropriately low in light of the nature of the recent charges and the pending charges against Mr. Brooks," the Milwaukee County District Attorney’s Office said in a statement cited by NBC News. 

Before the incident in Waukesha, Brooks was allegedly involved in a domestic disturbance and charged with battery, domestic abuse, resisting arrest, reckless endangerment and bail jumping, according to NBC News. As a result of low bail, Milwaukee County District Attorney’s Office is conducting a review of the bail recommendation in the case, according to the report, and Rep. Cindy Duchow (R-Delafeid) has introduced a joint resolution to amend the state’s constitution to reform the way judges apply bail to suspects with criminal records, according to WTMJ TV.

“Wisconsin continues to see examples of people with extensive criminal histories committing crimes while out on bail,” Duchow told WTMJ TV in Milwaukee. “Most recently was the tragic and horrific attack on the Waukesha Christmas Parade by an individual with a long history of violent crimes.”

Milwaukee County District Attorney John Chisolm is likely to be a central figure in the debate over bail reform. According to a New York Post report, during his first year in office in 2007, he acknowledged that someone in a treatment program could get out and kill someone. 

“You bet. Guaranteed,” he was quoted as saying at the time, according to The Post. “It’s guaranteed to happen. It does not invalidate the overall approach.”

In a column, New York Post Columnist Bob McManus noted that Chisolm acknowledged Brooks’ bail in the earlier case had been “inappropriately low in light of the pending charges against” him — especially given his “extensive criminal history," and bail reforms have failed. However, Scott Shackford, associate editor at Reason, wrote in a column that conservatives should resist taking aim at bail reform in the wake of the tragedy, pointing out that the goal isn’t to free people like Brooks, but rather to ensure the system is devoting its attention to people like him. 

Bail can be a complicated issue, and according to the Glinski Law Offices in Racine, if an individual is arrested in Wisconsin, the only way to get out of jail is either to have the charges dropped or to post bail. The firm noted that bail can either be in the form of cash or a signature, and there are guidelines to follow while free on bail. In instances of a signature bond, there is a predetermined payment that would be made if terms of the bail are violated, according to the firm. 

The Glinski Law Offices also noted that when a court commissioner is considering bail, criminal record, community connections, the nature of the charges and a suspect’s ability to post bail all should be considered. The firm also noted that whether a person has previously been released on bail also should be taken into account.