As she demanded to get out of a car in which prosecutors say she was raped, Louisiana State University student Madison Brooks was slurring her words, according to a video that has been released of the night in which Brooks died.
Brooks was later struck and killed by a vehicle. Brooks had initially joined the men accused of raping her as they all left a bar.
Charges have been filed against all four men in the vehicle.
Desmond Carter, 17, has been indicted on charges of first-degree rape and third-degree rape, according to the Advocate. Kaivon Washington, 18, is also charged with third-degree rape. He and Carter are accused of raping Brooks in the back seat of the vehicle.
Casen Carver, 18, and Everett Lee, 28, who sat in the front seat of the vehicle, have been charged with principal to third-degree rape.
At the time she died, Brooks had a blood alcohol content of .319, which police have said meant she could not consent to any sexual activity.
The footage was released last week. According to the Daily Mail, it was shot by Washington.
“I’m sorry that I offended you that bad,” Brooks said while sitting in the middle of the back seat of the vehicle, according to WBRZ-TV.
“Take her home,” someone in the vehicle said.
“Get out, get out. I will Uber on my own,” she said to the person next to her, who the Mail identified as Desmond Carter, trying to make him move out of her way.
“I’m sorry that your feelings got hurt,” Brooks said, although it was unclear to whom she was speaking.
As she left, she called driver Casen Carver, “gay,” according to WBRZ.
The defense used the video to buttress its case that the sex in the vehicle was consensual.
“Speaking and engaging in conversations, using very vulgar language to the driver of the vehicle. 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,” attorney Ron Haley said according to WBRZ-TV.
A lawyer for Brooks’ family said the defense is wrong.
“Under Louisiana law, this is rape. 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,” Kerry Miller said.
However, District Judge Brad Myers. who has seen videos in the case, indicated the evidence supports the prosecution’s case, according to the New York Post.
“The evidence to me is clear,” Myers told a bond hearing, saying the defendants were “callously” laughing at Brooks.
This article appeared originally on The Western Journal.