Louisiana State University student Madison Brooks and her alleged rapists were seen arguing as she stepped out of their car moments before she was fatally struck by a rideshare driver, recently released video shows.
The footage, taken by one of the men, was released by their defense attorneys to WBRZ last week. The attorneys claim the 29-second clip exonerates their clients.
“I’m sorry that I offended you that bad,” Brooks said from the middle seat in the back of the car, according to the short video from the Jan. 15 encounter.
“Take her home,” one of the men off-camera responded to the others.
“Get out, get out. I will Uber on my own,” she said to the man sitting next to her, who stepped out of the car so she could exit.
The 19-year-old college 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 that your feelings got hurt,” Brooks also said in the snippet.
She got out of the car and called the driver, Casen Carver, “gay” as she left, according to WBRZ.
Defense attorneys said the video shows that Brooks had consensual sex with two of the men and she was not raped.
“Speaking and engaging in conversations, using very vulgar language to the driver of the vehicle,” attorney Ron Haley told the news channel. “Insulting the driver of the vehicle — implying that the driver of the vehicle is not straight based on him not wanting to engage in certain activities with her. It doesn’t put anyone in the best light, but again, not being put in the best light isn’t the same thing 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 sex and charged 18-year-old Kaivon Deondre Washington and a 17-year-old boy, who has not been 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 principle to third-degree rape, meaning they witnessed but did not participate in the sexual assault.
A lawyer for Brooks’ family said the teens sexually assaulted her without a doubt.
“Under Louisiana law, this is rape,” Kerry Miller told WBRZ. “We were deeply offended by blaming the victim, and statements regarding if she hadn’t been hit she wouldn’t be complaining of things. We thought that was deeply offensive and plain wrong.”
The men’s defense attorneys reportedly have even more video footage taken by their clients of that night, but have not released it to the public.
They claim the additional footage shows the minor and Washington received “verbal consent” for sex from Brooks.
However, District Judge Brad Myers who saw the videos said they actually support the prosecution’s case.
He said at a bond hearing that one clip depicted one of the suspects “callously” laughing at Brooks, while another showed her falling over and needing help to stand up.
“The evidence to me is clear,” Myers told a bond hearing.
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