Newly surfaced footage shows university student Madison Brooks inside a car where she was allegedly sexually assaulted just before being fatally struck by a vehicle. The video, from 2023, shows Brooks telling the men she will take an Uber, seemingly slurring her words during an argument with the vehicle's occupants.
Alleged Assault and Fatal Accident
Kaivon Washington and Desmond Carter, both 21, are accused of assaulting Brooks in the back seat after collecting the inebriated student from a bar in Baton Rouge, Louisiana. The video, reportedly filmed by one of the defendants, was supplied to WBRZ by their legal team.
In the clip, Brooks can be heard saying, "I'm sorry that I offended you that bad," from the middle rear seat. One of the men off-camera instructs, "Take her home," to which Brooks replies, "Get out, get out. I will Uber on my own." She then tells the man beside her, "I'm sorry that your feelings got hurt."
Defense and Prosecution Arguments
Defense lawyers argue the footage exonerates their clients, insisting Brooks participated in consensual sexual activity with two of the men and was not assaulted. Prosecutors, however, argue that Brooks was too intoxicated to give consent, citing toxicology tests showing a blood alcohol level of .319, nearly four times the legal drink driving limit.
The family has criticized the release of the video. Kerry Miller, acting on behalf of Brooks' mother, Ashley Baustert, labeled the video as "hurtful and shameful," stating that each time the defense releases another short clip, it "cuts like a knife" into his client. "It's one thing to defend your clients. It's another to try the case in the media," Miller said. "It shows a level of desperation."
Charges and Trials
A grand jury has escalated charges against Desmond Carter to first-degree rape, which carries a life sentence without parole. Washington was charged with third-degree rape, defined by state law as sexual intercourse that "is deemed to be without the lawful consent of a victim," and subsequently with first-degree rape. Casen Carver, who prosecutors allege was also present during the supposed rape, faces criminal charges with a bench trial set for later this year.
Carter's trial is scheduled for August 17. Supporters of Brooks have been granted permission by a judge to wear all pink throughout the proceedings after Carter's legal team tried to have them banned from wearing the color.
