An attorney for four men accused of anally raping a Louisiana State University student less than an hour before she was hit and killed by a car says he has video proof they did not assault the teenager.
Madison ‘Madi’ Brooks, 19, had been out drinking at Reggie’s bar in East Baton Rouge, Louisiana, on January 14 when she was approached by the group.
A 17-year-old boy, who has not been identified, has been charged with third-degree rape, along with Kavion Washington, 18.
Washington’s uncle, Everett Lee, 28, and his friend Casen Carver, 18, were also arrested and charged as accomplices to third-degree rape following the death of the student.
They claim that she was in a ‘drunken state’ but was able to consent and willingly got in the car with them before they dumped her at the side of the road.
Madi was then hit by a ride-share car at around 3am, close to where the men had left her, but the driver of the vehicle has not been arrested in connection with her death.
Madison ‘Madi’ Brooks, 19, had been out drinking at Reggie’s bar in East Baton Rouge, Louisiana, on January 14 when she was approached by the group
Casen Carver, 18, (left) Kaivon Washington, 18, (center) and Everett Lee, 28, (right) were all arrested on rape-related charges together with an unnamed 17-year-old boy. Lee is the uncle of Washington
Legal documents seen by DailyMail.com reveal that Madi had 0.319g per cent of alcohol in her system – so high that toxicologists said she could have suffered from alcohol poisoning or loss of consciousness.
An autopsy also revealed that there were traces of THC, or cannabis, in her system at the time she died.
Police say that she was so drunk that she would not have been able to consent to the sexual activity, with Carver telling cops he ‘hated’ what his friends did to Madi because she was ‘drunker’ and ‘impaired.’
Third-degree rape charges in Louisiana relate to a victim being unable to consent because of they are under the influence of alcohol or drugs and the offender ‘knew or should have known of the victim’s incapacity’.
A lawyer representing all of the defendants claims that he has video proof that they are innocent, and that she willingly participated in the sexual activity.
He claimed that Madi was in a ‘coherent state’ and ‘knew what was happening’ – arguing that the footage would prove this.
Madi appeared to be a regular at the Tigerland bar, and posted several pictures of herself with friends at Reggie’s
The group were seen leaving the bar at 1.49am, with the vehicle last seen at 1.59am – with Carver telling police that the 17-year-old and Washington both had sex with the victim in the back seat of the car
Ron Haley told WAFB9: ‘She wilfully got into the car, said that her rides had left her, and she got in.
‘This is absolutely not a rape. Listen this is a tragedy, definitely not a crime. Can you tell, that she was intoxicated, yes.
‘To the point under the law that you say you’re in a drunken stupor, to the point that you cannot lawfully give consent or answer questions, absolutely that was not the case.
‘Based on a disagreement, she got out of the vehicle. She indicated she was getting an Uber.
‘I want the public to know, these young men or really the driver of the vehicle and the young men that were in there, did not put her off on the side of the road.’
It is unclear if the footage has yet been handed over to the authorities, with Haley saying he would turn it over to investigators and the District Attorney’s office.
Haley and East Baton Rouge Sheriff’s office did not immediately respond to a request for comment by DailyMail.com.
Madi was dumped less than a ten-minute car journey from the bar before being hit by the ride-share car at 2:50am
Legal documents seen by DailyMail.com reveal that Madi had 0.319g per cent of alcohol in her system – so high that toxicologists said she could have suffered from alcohol poisoning or loss of consciousness
Carver said he felt ‘uncomfortable’ during the sex acts and he ‘hated it’, adding that he thought she was too drunk to consent
A spokeswoman for the DA’s office could not confirm if the video were handed over to authorities.
Authorities also seized surveillance footage from the bar and nearby businesses which show Madi arriving at the bar at 10.06pm, with Carver, Lee, Washington and the teenage boy arriving at 10.18pm.
Officers say in their affidavit that at 1am Madi was then seen sitting on a stool by the counter at the bar before stumbling and got back to her feet with the help of the men.
At 1.34am she was seen sitting on a bench by the entrance door before falling again with the teenager approaching her removing her cap and helping her to get to her feet.
The group were seen leaving the bar at 1.49am, with the vehicle last seen at 1.59am – with Carver telling police that the 17-year-old and Washington both had sex with the victim in the back seat of the car.
Madi was dumped less than a ten-minute car journey from the bar before being hit by the ride-share car at 2:50am.
Her sorority wrote on Monday: ‘Madi was a bubbly, loving, and selfless friend. She left an indelible mark on our chapter, we cherish our memories together and we will never forget her. Our forever friend was also a hero, Madi donated her heart and kidneys to save others’
Third-degree rape charges in Louisiana relate to a victim being unable to consent because of they are under the influence of alcohol or drugs and the offender ‘knew or should have known of the victim’s incapacity’
Carver, who was driving the vehicle, told cops that he asked Madi where her friends were, but she said she did not know and appeared ‘drunk’.. Pictured: Madi appears right, with her mom, Ashley, stepdad Scott and brothers Brady and Aiden
Carver, who was driving the vehicle, told cops that he asked Madi where her friends were, but she said she did not know and appeared ‘drunk’.
He added that Madi gave ‘verbal consent five times’ to the 17-year-old before having sex with her in the rear of the car, with Washington exiting the vehicle before swapping with the teenager to also have sex with the victim.
During his police interview, Carver denied having ever seen Madi before or knowing her but agreed to give her a ride.
Carver said he felt ‘uncomfortable’ during the sex acts and he ‘hated it’, adding that he thought she was too drunk to consent.
Both Carver and Lee remained in the front of the car while the sex acts were being performed, with Carver telling them to ‘stop’ before dropping Madi off.
Police say that she was so drunk that she would not have been able to consent to the sexual activity, with Carver telling cops he ‘hated’ what his friends did to Madi because she was ‘drunker’ and ‘impaired.’
The defendants say that she was in a ‘drunken state’ but was able to consent and willingly got in the car with them before they dumped her at the side of the road. Pictured: Madi with her two younger brothers
It is unclear if the footage has yet been handed over to the authorities, with Haley saying he would turn it over to investigators and the District Attorney’s office
Lee refused to speak to police, while Washington denied that he witnessed the teenager have sex with Madi and denied that he had sex with her.
He told officers, ‘when I tell you drunk, drunk, she was drunk’ and requested an attorney when asked for an oral DNA swab.
The mother of the 17-year-old refused to allow her son to give a statement.
A post-mortem revealed that Madi had ‘injuries consistent with previously being sexual assault anally’ as well as her injuries from the crash.
It comes as a second person was killed in a fatal collision on Burbank Drive, raising questions about the safety of the area.
Ethel Wesly, 71, was killed in the same week as Madi, with locals arguing that there needs to me more lighting, sidewalks and a lower speed limit.
More lighting is also planned for the entrance to the Pelican Lakes subdivision on Burbank where Madi was killed.
LSU President William Tate released a statement on Monday in which he hoped some good might come from Madi’s death.
Lee refused to speak to police, while Washington denied that he witnessed the teenager have sex with Madi and denied that he had sex with her. Pictured: Madi with her mother Ashley
Brooks’ LSU sorority posted a moving tribute to their ‘sister’ on Instagram on Monday
Tate said in a statement: ‘Madison was a daughter, a granddaughter, a sister, a niece, a classmate, and a friend to many of you. By all accounts, she was an amazing young woman with limitless potential.
‘She should not have been taken from us in this way. What happened to her was evil, and our legal system will parcel out justice.
‘Our collective grief and outrage cannot be put into mere words. So what can we do? It is time for action. One place to target our attention is the very place where this encounter began.
‘All but one of the suspects involved in this horrific scenario were underage yet were able to consume alcohol at a local bar. As such, our action plan starts with a deep and relentless focus on any establishment that profits off our students by providing alcohol to underage individuals.
‘In the coming days, we will call a meeting with these business owners to discuss how their responsibilities directly impact the safety of our students.
‘We will work openly against any business that doesn’t join us in efforts toward creating a safer environment for our students. Enough is enough.’
