Court Update: Circuit Court Judge sets higher bond for VBT defendant Brooks

By Rosemary K. Otzman
Independent Editor
Wayne County Circuit Court Judge James A. Callahan said he was not satisfied with the bond set at 34th District Court for defendant David Ryan Brooks, so he raised it considerably during a court session Aug. 27.
Brooks, 25, of Van Buren Township, is charged with felonious assault, which is a four-year felony, and felony firearm, which is a mandatory two years, from a road rage incident May 29 in VBT.
34th District Court Chief Judge Tina Brooks Green arraigned Brooks on July 31 and released him on $10,000 personal recognizance bond. After an Aug. 13 preliminary exam before Judge Green, she bound him over to circuit court on the charges and continued his bond.
But Judge Callahan raised the bond to $50,000 or 10%.
He asked if Brooks was employed and attorney Olga Wermalenka, filling in for Brooks’ retained attorney Michael Vincent, said Brooks is not employed, having lost his position because of these charges against him. She said Brooks has been a police officer for seven years and has no record.
“Point a gun at someone’s head and say, ‘I’m gonna blow your f—in’ brains out,” countered Judge Callahan and Wermalenka did not reply.
Judge Callahan was referring to the details of the alleged victim’s report on the road rage incident in the court paperwork.
Brooks was taken out of the courtroom by a Wayne County Sheriff’s Deputy heading to the jail across the street, while his father pulled out a cell phone and started making calls.
Before they got to the issue of the bond, Wayne County Assistant Prosecutor Patrick Coletta and defense attorney Wermalenka presented proposed dates for the case and the judge agreed.
Oct. 8 is the filing deadline for motions, Oct. 15 at 8:30 a.m. is the final conference, and Nov. 19 is the date for the jury trial.
For the trial, they expect four witnesses for the prosecution and a possible four witnesses for the defense.
Prosecutor Coletta asked Judge Callahan to set a special pretrial conference in three to four weeks because they may have a resolution by then, referring to a plea bargain.
Judge Callahan set a special conference for 8:30 a.m. Sept. 24.
Series of glitches
A series of glitches has plagued this case from the beginning, when defendant David Ryan Brooks was listed as Ryan David Brooks in the circuit court computer information after he was arraigned on the charges.
Then, the paperwork from the 34th District Court for binding Brooks over to circuit court was not put into the erroneous Brooks case file on the court internet site and so he was not scheduled for his arraignment on the information on Aug. 27.
But Brooks, his father, and his stand-in defense attorney Wermalenka were at the Frank Murphy Hall of Justice on Aug. 27, as directed by Judge Green, but the case was not posted for a judge.
They all went to the ninth floor Wayne County Clerk’s office that helps straighten out problems with scheduling at the Frank Murphy Hall of Justice.
Prosecutor Coletta came to join them and the group was able to get slot that morning before a judge for the planned arraignment on the information: Judge James A. Callahan. So, everyone went down to the fifth floor and waited until Judge Callahan could work them in.
During the session with Judge Callahan, Prosecutor Coletta filed a motion to change Brooks’ name on the court records from Ryan David to David Ryan. By the end of the day, everything was correct on the court’s Register of Actions concerning the Brooks case.