Louisiana State University student Madison Brooks, 19, was allegedly raped about an hour prior to being fatally struck by a vehicle last week, according to police.
Kaivon Deondre Washington, 18, Everett Lee, 28, and Casen Carver, 18, turned themselves in on January 16, the Advocate reported. An unnamed 17-year-old suspect, whose identity has not been revealed since he is still a juvenile, turned himself in on January 15.
Washington and the 17-year-old suspect are facing third-degree rape charges, while Lee and Carver are facing principal to third-degree rape charges, according to an arrest affidavit from East Baton Rouge Sheriff’s Office, obtained by Law & Crime.
Brooks met the unnamed 17-year-old male at Reggie’s, a bar in Baton Rouge, before she left with him and the other three suspects between 1:00 a.m. and 2:00 a.m. on January 15. At some point, all four and Brooks entered Carver’s vehicle, where Carver and Lee sat in the front seat, and Washington, the 17-year-old, and Brooks stayed in the back seat, according to the affidavit.
In an interview with investigators, Carver said Brooks was “very unstable on her feet” when leaving the bar and that she could not “speak without slurring her words,” according to the affidavit. She also was allegedly unable to provide the suspects with an address.
Carver told investigators that at some point, he parked the vehicle near Reggie’s when the 17-year-old and Brooks allegedly started to engage in consensual sex in the back seat of the vehicle, and Washington exited.
According to the affidavit, per Law & Crime:
When they were finished, the 17-year-old exited the car and Washington re-entered and asked Brooks “numerous times if she wanted to have sex, and she consented,” Carver told investigators.
A short while later, Carver said that he told Washington and Brooks to stop having sex and they all drove away to bring Brooks home. When asked if he thought Brooks was “too impaired to consent to the sexual intercourse,” Carver allegedly responded, “I guess.”
Washington, who investigators also interviewed, said he witnessed the 17-year-old and Brooks allegedly touching “each other’s private areas” but did not see them have sex. He also told investigators that Brooks was heavily intoxicated, according to the affidavit.
Carver said they drove Brooks to a subdivision and dropped her off after they were unable to find her home. At around 2:50 a.m., Brooks was struck and killed by a driver who was not believed to be impaired, police say. The driver was not arrested.
A toxicology test revealed that Brooks’ blood alcohol concentration (BAC) was .319 at the time of her death. She also “had injuries consistent with previous sexual assault anally,” according to the affidavit.
Ron Haley, an attorney representing two of the defendants, told CBS affiliate WASB that their clients are not guilty.
“Absolutely not a rape. Listen this is a tragedy, definitely not a crime,” Haley told the outlet.
He also said that a video that was recorded in Carver’s vehicle shows Brooks in a coherent state and aware of what was occurring around her.
“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,” Haley added.
According to KSLA, Brooks was a sophomore and a member of the Alpha Phi sorority. She is a native of Covington, Louisiana.
“Madison was a sophomore and 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 sorority wrote on Instagram. “We send our deepest sympathies to her family and friends during this incredibly difficult time.”
LSU President William Tate also released a statement regarding Brooks’ death.
“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,” Tate said.
The LSU president then said that since three of the suspects were able to consume alcohol at the bar despite being underage, he would commence an action plan that “starts with a deep and relentless focus on any establishment that profits off our students by providing alcohol to underage individuals.”
You can follow Ethan Letkeman on Twitter at @EthanLetkeman.