A judge has ruled that video footage of a drunk sorority student filmed by her suspected rapist is damming evidence that a crime did occur – just days after lawyers argued it would exonerate them.
Madi Brooks, 19, died after being hit by a ride-share car at 3am on January 15 when she was dropped off by four men who picked her up at a college bar.
The LSU Alpha Phi member was seen ‘drunkenly’ staggering into a car with the group before her death, with police claiming she was anally raped by two of them as two others watched.
A 17-year-old boy, who has not been identified, has been charged with third-degree rape, along with Kaivon 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.
Judge Brad Myers told the court on Tuesday that he viewed a video filmed by Washington after the alleged assault took place.
Madi Brooks, 19, died after being hit by a ride-share car at 3am on January 15 when she was dropped off by four men who picked her up at a college bar
High school student Kaivon Washington, 18, is accused of raping Madi Brooks, and filmed her slurring her words
He said the video showed the suspects laughing ‘callously’ as she slurred her words inside of the car, but it does not depict the assault.
Myers told the court ‘the evidence to me is clear’ adding that it was obvious a crime had occurred before Madi died.
Lawyer Ron Haley, who represents Washington in the case, argued before the court appearance what happened to Madi was a ‘tragedy but definitely not a crime’.
He also claimed that there was an argument and she got out of the car, saying that the men ‘did not put her off on the side of the road’.
But Myers said that the video proved that there was evidence of a crime against the 19-year-old. Prosecutor Stuart Theirort said at the hearing that the state would be seeking upgraded charges of first-degree rape and plan to convene a grand jury in the case.
Louisiana’s first-degree rape statute carries a mandatory life sentence without the possibility of parole.
Lawyer Ron Haley, who represents Washington (pictured) in the case, argued before the court appearance what happened to Madi was a ‘tragedy but definitely not a crime’
The bar offers cover for Greek sorority girls like Madi, and the video is packed with female students and staff sharing their antics on Snapchat
Casen Carver, 18, (left) and Everett Lee, 28, (right) were all arrested on rape-related charges together with an unnamed 17-year-old boy. Carver is being held on a $50,000 bond, Lee on a $75,000 bond, and Washington on a $150,000 bond
The three adults handed themselves in to police on Sunday, with the teenager coming forward on Monday.
Judge Brad Myers told the court on Tuesday that he viewed a video filmed by Washington after the alleged assault took place
The court also viewed surveillance footage surrounding Reggie’s bar where the group met, which show Madi drunk and stumbling around according to police documents.
All three adult suspects appeared in court via a video link and were ordered to remain under house arrest and wear ankle monitors.
Carver is being held on a $50,000 bond, Lee on a $75,000 bond, and Washington on a $150,000 bond.
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
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.
Third-degree rape charges in Louisiana relate to a victim being unable to consent because they are under the influence of alcohol or drugs and the offender ‘knew or should have known of the victim’s incapacity’
Carver said he felt ‘uncomfortable’ during the sex acts and he ‘hated it’, adding that he thought she was too drunk to consent
Madison Brooks posing for photos with her friends at the Reggie’s college bar in East Baton Rouge
Shocking incidents at LSU bar Reggie’s, where Madi Brooks was last seen
Reggie’s bar, an infamous Baton Rouge venue known for underage drinking and violence, has had its liquor license suspended again following the death of 19-year-old Madi Brooks.
The bar owner, Darin Adams, whose sports bar is known for its taxidermy animal heads and confederate flag décor, has refused to comment.
Adams has been in hot water before, with Baton Rouge police raiding the bar in July 2017 and suspending its license for 45 days, after 37 people were arrested – many of them for underage drinking.
In September 2015 a drunk 21-year-old was arrested for waving a loaded firearm at people, threatening to open fire.
The following month, a 19-year-old man was charged with rape after attacking an intoxicated woman who had become separated from her sister at the bar and was trying to find her way home.
And in January 2016, a star of the LSU football team, Dillon Gordon, 22, was stabbed multiple times in the bar.
In May 2022, 16-year-old Carltez Tucker was shot dead outside Reggie’s, and a 24-year-old woman was injured. Detectives arrested three and said they believed the shooting stemmed from a stolen firearm that Tucker had taken.
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.’
An autopsy also revealed that there were traces of THC, or cannabis, in her system at the time she died.
The Louisiana ATC has confirmed that they have suspended the license of Reggie’s bar following the ‘seriousness of the allegations and potential threat to public safety’.
In a statement, they confirmed that they were working with law enforcement and reference ‘recent incidents’ at the establishment – with a hearing to be set next month.
An attorney for the bar, Kris Perrett, confirmed in a statement that they are ‘fully cooperating with authorities’.
It comes after DailyMail.com revealed that Madi appeared to work at the bar where she met the group – and a TikTok video showed the wild underage antics inside.
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 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 was seen leaving the bar at 1.49am, with the vehicle last seen at 1.59am. Carver told 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.
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’.
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’
Reggie’s, in Baton Rouge, has now had its liquor license suspended by the Louisiana ATC in an ’emergency’ move
Madison Brooks (left) seen behind the bar at Reggie’s with two sorority sisters. She had been drinking at the bar before she was raped and fatally struck by a car on January 14
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.
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.
A post-mortem revealed that Madi had ‘injuries consistent with previous sexual assault anally’ as well as her injuries from the crash.
The fatal accident came was the second collision on Burbank Drive, raising questions about the safety of the area.
Ethel Wesly, 71, was killed in the same week, with locals arguing that there needs to be 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.