by An attorney for two men accused of raping a Louisiana State University student before dropping her off on a road where she was later fatally struck by a car has argued that the video of the alleged sexual assault proves she was in a ” coherent state” and consent to the actions.
Madison Brooks, 19, died Jan. 15 after a vehicle hit her while she was standing in a dark road in Baton Rouge. The East Baton Rouge Sheriff’s Office has since arrested four men for allegedly raping or witnessing the rape of Brooks before dropping her off near the scene of the crash.
Kaivon Deondre Washington, 18, and a 17-year-old man, who was not identified because he is a minor, face third-degree rape in the sordid case, while Washington’s uncles Everette Lee, 28, and Casen Carver, 18, were charged with principal rape, says an arrest warrant obtained by KSLA.
Ron Haley, an attorney for Washington and the minor, has challenged the charges, arguing that the video of the incident showed Brooks “was intoxicated” but not to point out that she could not “legally consent or answer questions” during intercourse with the suspects. Mr Haley said she got out of the vehicle after an “argument”.
“Definitely not a rape. Look this is a tragedy, definitely not a crime,” Haley told KSLA. “Can you tell she was intoxicated, yes. To the point under the law that you say you’re in a drunken stupor, to the point that you can’t legally give consent or answer questions, that certainly wasn’t the case.”
Haley also said Brooks allegedly told the suspects she was going to order an Uber after an argument ensued.
“Based on a disagreement, she got out of the vehicle. She indicated she was getting an Uber, Haley said. “I want the public to know that these young men or indeed the driver of the vehicle and the young men that were in there did not drop her off on the side of the road.”
Brooks’ blood alcohol level was four times the legal limit at the time of her death.
Madison Brooks was killed after she was hit by a car on January 15. The East Baton Rouge Sheriff’s Office has arrested four men who allegedly raped her before dropping her off near the scene of the accident.
(Alpha Phi Facebook)
According to investigators, the victim and the four suspects met at a bar on January 14 before she allegedly asked them to drop her off. Mr. Carver told authorities that Washington and the unidentified minor asked the victim to have sex with them, but admitted she was intoxicated, stumbled and blurted out the words.
After the attack, the men dropped her off in a neighborhood near Pelican Lakes Parkway. While standing in a dark section of the roadway around 3 a.m., Brooks was struck by a vehicle and died hours later in hospital.
Footage from the bar seized by investigators reportedly showed her falling several times in front of at least one of the suspects before they left the business.
Carver told police that Brooks was “very unsteady on her feet, was unable to keep her balance and was unable to speak clearly without slurring her words.”
Despite her state of intoxication, two of the suspects continued to have intercourse with her inside the car, Carver told police. He later said he “felt uncomfortable and hated it.”
Asked by investigators if he believed Brooks was too impaired to consent, Carver reportedly said, “I guess.”
An autopsy confirmed that Brooks had injuries consistent with a sexual assault, the ruling said.
Casen Carver, 18, Everette Lee, 28, and Kaivon Washington, are charged with the rape of Madison Brook
(Baton Rouge PD)
LSU President William F Tate said the university plans to investigate why the establishment where the victim met the suspects served alcohol to minors.
“Madison was a daughter, a granddaughter, a sister, a niece, a classmate and a friend to many of you. By all accounts she was a wonderful young woman with unlimited potential, Tate said in a statement.
“She should not have been taken from us like this. What happened to her was evil and our justice system will deliver justice.”
He continued: “In the coming days we will be calling a meeting with these business owners to discuss how their responsibilities directly affect the safety of our students. We will work openly against any business that does not join us in the effort to create a safer environment for our students. Enough is enough.”
Brooks was a member of LSU’s Alpha Phi chapter. A post on the group’s Facebook page said some of her organs were donated.
“Madison … made a lasting impact on all of us. She was also a hero and was able to donate her heart and kidneys to save others,” the post read.
“We send our deepest condolences to her family and friends at this incredibly difficult time. And we respectfully ask for time and space so that we can support each other in our healing process.”
