Attorney for family of slain LSU student Madison Brooks sets 'the record straight'
Kerry Miller, the lawyer representing Madison Brooks' family in the wake of her untimely death, sets "the record straight" in interview with Fox News Digital.
Over two weeks after LSU student Madison Brooks was fatally struck by a car following an alleged sexual assault, the budding college sophomore is being remembered as a pure-hearted adventure-seeker who "lived every day to the fullest."
Brooks, 19, died in the early morning hours of Jan. 15, 2023, when she was fatally struck by a car near her Baton Rouge, Louisiana, campus. Police records detail how she was allegedly raped while she was intoxicated shortly before she was struck.
A recently published obituary describes how Brooks, originally from Covington, Louisiana, had recently been accepted into LSU’s Manship School of Mass Communication. She was in her second year at the Baton Rouge-based university and was "an active and beloved member" of the Alpha Phi sorority, the obituary states.
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Brooks posthumously donated several organs, including her heart and kidneys, the sorority previously revealed.
She was an active student even before her college career began. A 2021 graduate of St. Scholastica Academy, a private Catholic school in Covington, Louisiana, Brooks was an honor-roll student who was involved in cheerleading and several other programs, including Spirit Club, Fellowship of Christian Athletes and Doves for Life, the obituary states.
SLAIN LSU STUDENT MADISON BROOKS DIED 'A HERO,' DONATED KIDNEYS, HEART, SORORITY SAYS
An undated photo of LSU student Madison Brooks and her mother. Brooks was fatally hit by a car after an alleged rape on Jan. 15, 2023. (The Brooks family)
"She enjoyed adventures and travel, including sky-diving, skiing, experiencing new cities, and most importantly spending time with her family and friends," the obituary goes on. "Madison’s heart was pure, her laugh infectious, and she lived every day to the fullest. Her legacy will forever shine in the stars above."
Brooks is survived by her parents, her siblings, and several other family members.
An undated photo of LSU student Madison Brooks. (The Brooks family)
Visitation and funeral services for Brooks will be held in Covington, Louisiana, on Friday, Feb. 3.
In lieu of flowers, her family is asking that the public make donations to The Madison Brooks Foundation in honor of her "life and legacy."
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An updated photo of LSU student Madison Brooks. (The Brooks family)
A spokesperson for the East Baton Rouge Parish Sheriff’s Office told Fox News Digital the person who struck Brooks is not facing criminal charges, and added that the person "was not impaired and contacted emergency personnel immediately."
Brooks died after she was struck by a car in East Baton Rouge Parish, Louisiana, in the early morning hours of Jan. 15.
SUSPECT IN LSU STUDENT MADISON BROOKS' ALLEGED RAPE CHARGED IN ALLEGED 2020 SEX ASSAULT
Madison Brooks is remembered after the LSU sophomore was fatally hit by a car following an alleged rape on Jan. 15, 2023. (The Brooks family)
Last week, investigators announced they had arrested four males after two had allegedly raped an intoxicated Brooks – while the other two were present – inside a vehicle before dropping her off shortly before she was struck.
Two of the suspects, 18-year-old Kaivon Washington and a 17-year-old suspect who has not been identified, have been charged with third-degree rape. Two more, 18-year-old Casen Carver and 28-year-old Everett Lee, were charged with `being principles to third-degree rape.
An undated photo of LSU student Madison Brooks. (The Brooks family)
In Louisiana, third-degree rape involves sexual intercourse that "is deemed to be without the lawful consent of a victim," according to state law. Prosecutors have reportedly said they are seeking upgraded charges against the suspects.
Documents related to the four arrests describe how the suspects and the victim had been drinking alcohol at a bar on Bob Pettit Boulevard, called Reggie’s, located roughly one mile from LSU campus.
From left to right: Kaivon Deondre Washington, Casen Carver and Everett Deonte Lee. The fourth suspect, a minor, ahs not been identified. (East Baton Rouge Sheriff's Office)
The four men left the bar with the victim, according to police records. Carver allegedly told police that Brooks "asked for a ride home." "[H]e admitted that he agreed to give her the ride because he did not want to leave her while very intoxicated and the bar was closing."
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Carver drove the vehicle, while Lee, who is Washington's uncle, sat in the front passenger seat, Carver told police. Washington and the minor suspect sat in the back seat with Brooks, according to the police documents. Carver told police that both Washington and the 17-year-old asked Brooks multiple times "if she wanted to have sex," the affidavit states.
Undated photo shows Madison Brooks. (Instagram/@madibrookss)
He said she consented to Washington and the 17-year-old but added that "he thought the victim was ‘drunker’ and her speech was slurred," according to the affidavit.
He told police that he and Lee were still in the vehicle at the time of the sex acts, the affidavit states, but that "he felt uncomfortable and he ‘hated it,’" the document adds.
"During the interview, the co-defendant (Carver) was asked if the victim was too impaired to consent to the sexual intercourse and he replied, ‘I guess,’" the document continues.
During a press conference on Friday, attorneys representing the suspects said the sex was consensual. Defense lawyer Joe Long went as far as to tell reporters, "If Ms. Brooks was alive, this would not be a crime."
"She would not have complained about it at all," Long said, according to the report. "The only reason it’s there is because the understandable anger in the community wants someone to pay for her death. And we understand that, but our clients did not do that."
An undated photo of LSU student Madison Brooks and her mother. (The Brooks family)
Kerry Miller, the Louisiana attorney representing Brooks’ mother, Ashley Baustert, told Fox News Digital he was "blown away" by the comment, and added that the suspects’ own statements to police contradict that claim.
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"Their clients gave sworn statements that they raped a young girl who was intoxicated," Miller argued, referring to Long’s comment. "What does he mean by that? That had she not been run over by a car seconds after being dropped off in the middle of the road, that they wouldn’t have come forward and admitted their guilt? … Clearly a crime was committed. And I think that will be proven in court."
Fox News Digital's Chris Eberhart and Matteo Cina contributed to this report.
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