Suspects in LSU student rape case could face higher charges, forensics expert says: 'Door's been left open'

Madison Brooks allegedly raped before being fatally struck by car; 4 suspects arrested

A forensics expert predicted the four suspects accused of raping Louisiana State University student Madison Brooks before she was fatally struck by a car could face more serious charges as officials continue to investigate her death. 

Former senior investigator at the Fulton County Medical Examiner's Office Joseph Scott Morgan joined "Fox & Friends First" Wednesday to discuss why the charges against the four men could escalate. 

"I think the door's been left open for an upgrade in these charges," Morgan told Carley Shimkus and Todd Piro. "I think in Louisiana they have secondhand first-degree rape charges. We're going to see what happens with this case. I'll tell you, I was talking to a couple of colleagues, and we found it kind of interesting that they started out at this lowest level that they could… Generally, it works the other way."

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"There's a bit of scuttlebutt going around where they're talking about upgrading these charges," he continued. "Remember, this is very dynamic because you have four accused in this case, and then you're going to have kind of a confusion in the timeline what actually happened, and you'll have these attorneys playing off of one another."

Brooks was fatally hit by a car earlier this month after two of the suspects allegedly raped her. The four men reportedly dropped her off at a neighborhood in East Baton Rouge Parish where she was struck. 

From left to right: Casen Carver, Kaivon Deondre Washington and Everett Deonte Lee (East Baton Rouge Sheriff's Office)

Kaivon Deondre Washington, 18, and a 17-year-old unidentified minor were charged with third-degree rape. Everett Lee, 28, and Casen Carver, 18, were charged with principal to third-degree rape, which means they were present but did not participate in the alleged crime.

Carver noted Brooks was "very unstable on her feet, was not able to keep her balance, and was unable to speak clearly without slurring her words," the arrest document states, according to FOX 8.

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He also reportedly told officials he believed Brooks was not sober enough to consent and he "hated it," according to the warrant. 

"To put it plainly, it's a mess. It's an absolute mess and certainly a tragedy," Morgan said. "But what we do know is that the level of alcohol that she had on board would put her in a position -- and just understand this -- as it was reported, it's almost four times the legal limit." 

LSU sorority student Madison Brooks was hit and killed by a ride-share car. (@madibrookss/Instagram)

"She was breaching almost at .32, you start to get up into .31 area you're talking about almost in a coma at that particular time, and to suggest that she could actually consent to any kind of behavior at that point in time is absolutely ludicrous," he continued. 

But the defense attorney for two of the suspects claimed video evidence from inside the car will prove his clients' innocence, and that Brooks was not too drunk to consent to sexual acts. 

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He pinned the blame on local bars selling alcohol to underage individuals. 

"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," Ron Haley said.

Investigators are seen outside of  Reggie’s bar in Baton Rouge, Louisiana on Tuesday, January 24, 2023. The bar is reportedly one of the last places where LSU student, Madison Morgan was seen before her death on January 15. (KR/Mega for Fox News Digital)

One of Brooks' high school friends, Ashley Odak, paid tribute to her during "Fox & Friends," remembering her as a "light" and someone who was "so beautiful" inside and out. 

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"She was amazing. She really left me in this world with one thing that kindness and love is always the answer, no matter what," Odak told Rachel Campos-Duffy Wednesday. 

"She was just all around a nice person," she continued. "Like I was going through the hardest times where I felt bullied and everything, and she showed me love in a way nobody else could. And that's how I want her to be remembered. I want her to be remembered for the girl that she was. She was the nicest soul. Still is."

Brooks was a 19-year-old sophomore at LSU and a member of the Alphi Phi sorority at the time of her death. 

Fox News' Landon Mion contributed to this report. 

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