BATON ROUGE, La. (WAFB) — East Baton Rouge Parish Sheriff’s Office deputies say LSU student Madison Brooks was raped before she was hit and killed by a car on Burbank Drive there. more than a week ago, January 15.
But the lawyer representing two of those behind bars for the alleged incident says video shows a different story altogether.
Deputies charged Kaivon Washington, 18, of Walker, and an unidentified minor with third-degree rape. The minor is 17 years old.
Everett Lee, 28, of Pine Grove, and Casen Carver, 18, of Denham Springs, have both been charged with third-degree rape.
Investigators believe they have reconstructed the moments leading up to the tragedy.
Deputies have arrested these four men who they say were seen leaving with Madison Brooks in a car from Reggie’s Bar in Tigerland. Detectives say it was after a night of drinking.
“She (Brooks) purposely got in the car, said her rides had left her and she got in.
After that time, consensual sex acts were committed in that car with her and two other people at two different times,” attorney Ron Haley said.
Investigators charged the men with what is called third-degree rape, which essentially means the victim was too drunk to consent to sex.
“Absolutely not rape. Look, this is a tragedy, definitely not a crime,” Haley said.
He says video taken during the incident shows Madison Brooks was in a consistent state and knew what was going on the whole time.
“Can you tell she was drunk, 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 was absolutely not the case,” Haley said. .
Haley says an argument took place between Brooks and the driver of the vehicle after they drove to several places after the bar.
“Based on a disagreement, she got out of the vehicle. She indicated that she was getting an Uber. I want the public to know that these young men or really the driver of the vehicle and the young men who were there, don’t didn’t put her on the side of the road,” Haley said.
Arrest documents say the driver thought the girl was too drunk to consent, telling deputies: ‘I guess she was.’
Brooks’ blood alcohol level when she arrived at the hospital was nearly four times the legal limit.
But Haley thinks the video evidence from inside the car will fully acquit her customers, and the real blame must be on the bars selling to underage drinkers.
He plans to turn that video over to investigators and the district attorney’s office.
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