Surveillance video has been released showing Louisiana State University student Madison Brooks leaving a bar to catch up with four men, including the two accused of raping her.

The video, obtained by WAFB-TV,  shows a female identified as Brooks running across the street toward the group of men, who are walking away from Reggie’s bar in East Baton Rouge early on Jan. 15. The figures then walk together toward a parking lot across the street from the tavern.

Brooks had met the four men at the bar earlier, according to the New York Post. Prosecutors have alleged that after she got into the car, she was raped in the back seat of the vehicle by Kaivon Washington, 18, and a 17-year-old whose name was withheld because he is a minor. Everett Lee, 28, and Casen Carver, 18, who were in the front of the car, have also been charged in connection with the incident. Lee is Washington’s uncle.

Brooks was later let out of the car in a residential neighborhood. She was fatally hit by a rideshare driver at around 3 a.m.

An emerging issue in the case was whether Brooks was able to consent to sexual activity due to impaired judgment from alcohol consumption.

Brooks had a blood-alcohol content of 0.319 percent, which is almost four times the legal limit.

According to the Advocate, Carver, who was driving the vehicle, said he was not comfortable with what took place and asked the two riders in the back seat to stop.

Carver was asked if Brooks was too impaired to consent to sex, and responded, "I guess."

On Tuesday, attorney Dale Glover, representing Washington, said Brooks was not too drunk to give consent,  a contention prosecutors dispute.

District Judge Brad Myers countered that state law does not require a victim to be in an extreme condition to be considered unable to consent. Myers said according to video at the hearing, Brooks was staggering, stumbled twice and needed assistance to get in the vehicle.

 

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At Tuesday’s hearing, it was revealed that Washington recorded footage as Brooks was dropped off after the alleged rape.

Attorney Ron Haley said Brooks was clearly aware of what was taking place, according to WAFB-TV.

“Absolutely not a rape. Listen this is a tragedy, definitely not a crime,” he said.

“Can you tell that she was intoxicated? Yes. To the point under the law that you say you’re in a drunken stupor? To the point that you cannot lawfully give consent or answer questions? Absolutely that was not the case,” he said.

“She (Brooks) willfully got into the car, said that her rides had left her, and got in. After that point in time, there [were] consensual sexual acts done in that car with her and two other individuals at two separate times,” he said.

Officials have suspended the liquor license of Reggie's bar, according to WAFB-TV.

The bar released a statement about the incident, the station reported.

“The owner of Reggie’s has fully cooperated with the East Baton Rouge Sheriff’s Office, Louisiana State Police, and the East Baton Rouge ABC office since their first requests for assistance in their ongoing investigations and will continue to do so. We look forward to meeting with State ATC and East Baton Rouge ABC officials as soon as possible to address their concerns and to insure they have all of the complete and accurate facts and all information they require to complete their investigation,” the statement said.

This article appeared originally on The Western Journal.