MILWAUKEE — Accountability can sometimes only be achieved in the courtroom. When it comes to reckless driving, Milwaukee County’s top prosecutor says a majority of incidents caught by police result in traffic violations rather than criminal offenses.
“It’s just become its own substantive culture and offense where primarily young people are stealing cars and driving extraordinarily recklessly and it has obviously scared everybody in the community,” District Attorney John Chisholm said.
When drivers are ticketed for speeding, running red lights, or the reckless driving citation itself, they’re given a fine through municipal court. The same goes for those who are caught dozens of times with or without a license.
"You might have say 10,000 incidents and of those 10,000, maybe only 5,000 of them are actually detected by the police and of that number, even a smaller fraction meet the elements of an offense that make it criminal,” D.A. Chisholm said.
In order for the district attorney’s office to get involved, D.A. Chisholm says the reckless driver has to be accused of at least one of the following four things: an underlying offense in addition to reckless driving such as driving a stolen vehicle, fleeing police resulting in a chase that endangers lives, damaging property, or causing injury or death.
“Ever since we launched Project: Drive Safer, we’ve heard from people in the community who tell us there isn’t enough accountability in the courtroom in regard to the most egregious reckless drivers. Is that a fair criticism?” TMJ4’s Ben Jordan asked.
"Each case is unique in it of itself. Each one has a different set of facts attached to it,” Chisholm responded.
“Do you think judges are giving appropriate bail and sentences when it comes to deterring reckless driving?” Jordan asked.
"Some are and some aren’t,” D.A. Chisholm replied. “Each judge is going to approach it by viewing it from their own unique perspective.”
Mark Sanders is one of 24 Milwaukee County judges who preside over criminal cases.
“I think judges are doing exactly what judges should do and that’s analyzing the factors that we’re required to consider; the nature of the offense, the character of the defendant, and the need to protect the public,” Judge Sanders said.
Judge Sanders points to a recent case that went to trial in his courtroom. Defendant Michael Howard, 26, was found guilty of killing two people while street racing a year ago near 76th and Silver Spring.
"One of the victims had a small one-year-old child that will never be able to spend time with his mother and their lives were turned upside down,” Judge Sanders said.
Despite the defendant not having a prior criminal record, Judge Sanders gave maximum sentences which result in 15 years behind bars followed by 10 years of extended supervision.
“We hear from victims’ families who question why someone who shoots and kills someone is often given a much longer prison term than someone who drives and kills someone. Why is that the case?” Jordan asked.
"Well, from the perspective of the victim's family, it's the exact same incident,” Judge Sanders said. “Their loved one is dead whether that's the result of a bullet or the result of somebody driving crazy, their lives are altered forever regardless. From the perspective of a court, we have to consider a number of different things. First, the charges are likely to be different. Instead of intentional homicide in a shooting-type situation, reckless drivers in those situations are more likely to be charged with reckless homicide."
D.A. Chisholm and Judge Sanders believe the Milwaukee County court system is largely holding the most egregious reckless drivers accountable. Both encourage those who don’t believe that’s the case to spend a day at the courthouse to witness how those critical decisions are made.
