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When she was found dead in March, the victim, who lived in South Hubbard Hall at Michigan State University had a blood alcohol content level of .349%. Further tests show it was even higher, about a .375% just a few hours before.

"I also had no indication that others were trying to cause her death by giving her excessive amounts of alcohol," testified Ingham County's Medical Examiner Joyce Dejong, who did the autopsy.

Dejong is ruling the 18-year-old's death as an accidental alcohol overdose.

So even though 18-year-old Marquez Cannon and 19-year-old Dishon Ambrose are not facing charges of intentionally killing the victim, they are facing charges for providing the alcohol which likely killed her; although it doesn't end there for Cannon.

"You have several injuries, like five of them, which again is far more likely in rape than in consensual sex," said Sparrow Hospital's Doctor Steve Guertin.

"Classically it would be blunt force trauma, so this wasn't a cut made with a knife or something like that, they were somewhat irregular margins, so it's a tear at the skin," continued Dejong.

Several bruises, two lacerations in the vaginal area, along with additional DNA evidence suggests Cannon raped the victim before she died.

According to what her roommate said in a precious testimony, it could have happened when the victim slipped into a deep sleep or possibly a coma.

"She's dead with an ethanol level that will kill you. How can she consent with an alcohol level that killed her?" continued Guertin.

So now it will be up to a jury to decide if it was consensual or not, since the victim was never able to speak for herself.

A date has not been set yet for the trail.