Louisiana State University student Madison Brooks and her alleged rapist were seen arguing as she got out of her car just before she was fatally hit by a rideshare driver, recently released video shows showed.
Footage taken of one of the men was leaked to WBRZ by their defense attorneys last week. Lawyers claim the 29-second clip exonerates their clients.
“I’m sorry I offended you so much,” Brooks said from the middle rear seat of the car, according to the short video of the January 15 encounter.
“Take her home,” one of the off-camera men replied to the others.
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“Out out. I’ll drive alone,” she said to the man sitting next to her, who got out of the car so she could get out.
The 19-year-old sophomore drew out the word “I” and paused mid-sentence between “I will” and “Uber on my own” in her drunken speech.
“I’m sorry your feelings were hurt,” Brooks also said in the clip.
Kaivon Washington was charged with third-degree rape. Instagram / @madibrookss Everett Lee has been charged with third degree rape on principle. Instagram / @madibrookss
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Driver Casen Carver was charged with third-degree rape. Instagram / @madibrookss
Madison Brooks was fatally struck by a rideshare on Jan. 15 after she was allegedly raped. Instagram / @madibrookss
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She got out of the car and called the driver, Casen Carver, “gay” as she left, according to WBRZ.
Defense attorneys said the video showed Brooks had consensual sex with two of the men and that she was not raped.
“Speaking and engaging in conversations, using very vulgar language towards the driver of the vehicle,” attorney Ron Haley told the news channel. “Offensing the driver of the vehicle – implying that the driver of the vehicle is not straight based on not wanting to engage in certain activities with her.” It doesn’t put anyone in the best light, but not being put in the best light isn’t the same as rape.”
However, Brooks’ blood alcohol content was 0.319% – nearly four times the legal limit at the time of the sex act, authorities said.
Prosecutors said the student was too drunk to consent to the sex and charged 18-year-old Kaivon Deondre Washington and a 17-year-old boy, who could not be identified because he is a minor, with third-degree rape.
Carver, also 18, and a fourth passenger, 28-year-old Everett Lee, were each charged with third-degree rape, meaning they witnessed but did not take part in the sexual assault.
A lawyer for Brooks’ family said there was no doubt that the teenagers sexually assaulted her.
“Under Louisiana law, this is rape,” Kerry Miller told WBRZ. “We were deeply offended to blame the victim and statements that if she hadn’t been hit she wouldn’t have complained about things. We found that deeply insulting and just plain wrong.”
The men’s defense lawyers reportedly have more video footage taken by their clients that night but have not released it to the public.
Brooks and the men left Bar Reggie’s in East Baton Rouge together the night of her death. LocationHub
They claim the additional footage shows the minor and that Washington received “verbal consent” for the sex from Brooks.
However, District Judge Brad Myers, who saw the videos, said they actually support the prosecutors’ case.
He said at a hearing that a clip of one of the suspects laughing “callously” at Brooks while another showed her falling over and needing help to get up.
“The evidence for me is clear,” Myers said at a hearing.