The man accused of killing 5 people when an SUV plowed through a Christmas parade in Waukesha Sunday had been in custody of Waukesha County law enforcement five days before the tragedy but was released with no charges, WISN 12 has learned through jail records and a law enforcement source.Records show Darrell Brooks, Jr. was booked into the Waukesha County Jail Nov. 16 and released the same day. According to the source, Waukesha County deputies picked up Brooks from the Milwaukee County Jail earlier that day.According to a criminal complaint, Brooks, 39, of Milwaukee, posted a $1,000 cash bail on Nov. 11, in a case where he was accused of running over the mother of his child with a vehicle in a gas station parking lot on Nov. 2.On Nov. 5, Milwaukee County prosecutors filed several charges against Brooks in the case, including second-degree recklessly endangering safety with domestic abuse assessments, disorderly conduct with domestic abuse assessments and felony bail jumping. Generally, prosecutors charge defendants with bail jumping if they are accused of a new crime while out on bail for an earlier charge.When he was charged in the case involving his child's mother, records show Brooks was on bail after being accused of shooting at his nephew in July 2020.According to an emailed statement from Brooks' bail in the 2020 case was reduced from an initial $10,000 cash to $7,500. The bail would be dramatically reduced again, according to Chisholm, after a scheduling conflict prevented Brooks' motion for a speedy trial from being met."On Feb. 9, 2021, the State was prepared to proceed to a scheduled jury trial. Mr. Brooks was still in custody on this matter and previously made a demand for a speedy jury trial," Chisholm said. "Because another jury trial was in progress before the same court, the defendant’s demand for a speedy jury trial could not be met. The case was adjourned and bail reduced to $500, which the defendant posted on Feb. 21, 2021."Court records show Brooks posted the minimal bail on Feb. 21, 2021.Nine months later, on Nov. 2, Brooks would be accused in the case involving his child's mother at the BP gas station at West Capitol Drive and West Appleton Avenue."(The victim) reported that Brooks followed (the victim) there and pulled up besides (her) and told (her) to get into the vehicle. (She) refused to get into the vehicle and Brooks, intentionally and without consent, struck (the woman) in the face with a closed fist. (The victim) walked away from Brooks," prosecutors wrote in the criminal complaint, "(The victim) reported that Brooks then, intentionally and without consent, ran (the woman) over with his vehicle while (she) was walking through the parking lot of the BP gas station."Although the woman is vaguely identified by her initials in the complaint, WISN 12 does not identify victims of domestic abuse.When Brooks faced a judge Nov. 5, prosecutors recommended $1,000 cash bond.Chisholm said the recommendation was "inappropriately low" based on the types of charges he was facing. "The bail recommendation is not consistent with the approach of the Milwaukee County District Attorney’s Office toward matters involving violent crime, nor was it consistent with the risk assessment of the defendant prior to setting of bail," Chisholm said in the statement.While Chisholm said his office is conducting an internal review of the decision to make the bail recommendation, a spokesperson said judges are not obliged to follow the recommendation."They have discretion to make whatever decision they deem appropriate," Assistant District Attorney Kent Lovern said in an email.Court records show Milwaukee County Circuit Court Commissioner Cedric Cornwall set the $1,000 cash bond."The Judicial Code of Ethics restricts me from discussing a pending case such as this," Milwaukee County Chief Judge Mary Triggiano said in an emailed response to questions about Cornwall's decision and whether the chief judge was also conducting a review of the case.Chisholm's statement said Brooks posted the bail Nov. 11.Brooks, however, was not released immediately, according to the law enforcement source.The source said the Waukesha County Sheriff's Office had placed a hold on Brooks and deputies picked him up Nov. 16.Records show Brooks had a mugshot taken that day in the Waukesha County Jail, however, no criminal charges are listed against Brooks in Waukesha County.The records show he was released from the Waukesha County Jail that day.Five days later, on Nov. 21, police said Brooks got behind the wheel of an SUV and mowed down several participants in the Waukesha Christmas parade. Waukesha Police Chief Dan Thompson said five people died and 48 others were injured. Thompson said there was no indication Brooks knew anyone in the parade. He said just before the parade incident, police received a call about Brooks possibly being involved in a domestic disturbance. However, because of the timing, Thompson said, police could not respond to the domestic call because the SUV driver had already driven through the parade crowd.Officials said five counts of intentional homicide were being referred to the Waukesha County District Attorney.Brooks is scheduled to make a court appearance Tuesday afternoon.Investigative reporter Hillary Mintz and investigative producer Jennie Fritz contributed to this report.