Judge says video of men 'callously' laughing at LSU sorority girl Maddi Brooks ... trends now
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 Theiror 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 don 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
