Darrell Brooks Jr., 39, was free on a $1,000 bail when he careened into the parade crowd in Waukesha, Wisconsin.
On Tuesday - as it was discovered, a sixth victim, 8-year-old Jackson Sparks, had died of his wounds - bail was again set for Brooks. Waukesha police have identified Virginia Sorenson, 79; Leana "Lee'' Owen, 71; Tamara Durand, 52; Jane Kulich, 52; Wilhelm Gospel, 82, as the additional five victims.
Under Wisconsin law, Brooks has to pay 100 percent, the total $5 million, of his bail to be freed instead of a percentage appropriate in some states.
While a bail bond agent could provide the fee, the person asking the bond would typically have to put a portion of the bail, as well.
Judge Kevin Costello announced the whole was "extraordinarily high" for the "indigent" Brooks. However, critics pointed out that there was nothing to stop someone from suggesting to pay the $5 million bond or crowdsource the cash.
That's what occurred with Kyle Rittenhouse, who was acquitted of murder in the August 2020 shootings in Kenosha, Wisconsin. His bail had been valued at $2 million, though his backers crowdfunded the cash.
It was unclear why the judge did not simply deny Brooks bail, given the suspect's 22-year criminal history, many failures to show up in court, and many examples of social media activity with violent themes.
A now-deleted Facebook account belonging to Brooks revealed that the alleged killer had encouraged knocking "white ppl [the f**k] out" and appeared to back the controversial Black Hebrew Israelites.
Brooks was being held in custody on Tuesday night and will be held until his next court appearance in January 2022 unless he makes bail.
"I think Darrell Brooks will post bail," announced one critic in a tweet. "It's $5 million. There are those in our country who probably think he did a great service to mankind, and can pay to get him out. They'll do it."
Another wrote: "I do agree with you and it makes me furious. $5M toooo [sic] low. Should be NO BAIL AT ALL. The court will be adding a 6th charge in a day or two. Jackson Sparks, an 8-year-old boy marching in the Waukesha Christmas Parade with his baseball team, has died from his injuries."
A different critic said: "Waukesha parade suspect Darrell Brooks facing five counts of 1st-degree intentional homicide, held on $5M bail. That is even dumber than the low bail that got him out to begin with."