| Decatur, Ala. | Wednesday, June 19, 2013 |
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NEW ORLEANS (AP) — An Alabama man has pleaded guilty to two counts of obscenity for sexually taunting an unconscious LSU fan in a Bourbon Street restaurant after the BCS national title game in January.
Prosecutors said a deal reached today before the scheduled start of a trial for Brian H. Downing of Smith Station calls for him to be sentenced to two years in jail.
State District Judge Karen Herman set sentencing for Nov. 29.
A video that went viral on the Internet appeared to show someone in a University of Alabama jacket performing a simulated sex act on an unconscious man at the restaurant after the Crimson Tide beat LSU for the BCS football championship Jan. 9.
Downing had pleaded not guilty in May to charges of sexual battery and obscenity.
He refused to comment after the plea was entered by his attorney.
The LSU fan, whose name has not been released, has sued Downing, asking damages for "mental anguish, humiliation, embarrassment, anxiety and depression ... damage to reputation" and lost tuition payments "for having to withdraw from school." Under state law, lawsuits cannot include a suggested dollar amount for damages for pain and suffering.
Downing's attorney said Downing lost his job after the incident and his family was suffering financial hardship.
New Orleans police at first said they could only investigate the case if the fan filed a complaint, then sent out a wanted poster with screenshots from the video. Downing, a cousin of Russell County, Ala., Sheriff Heath Taylor, turned himself in.
Taylor said in January that after learning from other family members that Downing had been identified as the Alabama fan, he called Downing's father and told him to bring him to the sheriff's office in Phenix City. He said he then called New Orleans police to ask whether they wanted him to jail and extradite Downing or send him to New Orleans to surrender. "New Orleans made that call," he said about sending Downing to the city to turn himself in.
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I realize you can't fix stupid, especially the drunken kind but two years seems pretty steep for a thoughtless act of stupidity. Perhaps the offended party say a chance to make a few bucks. Wonder if some fine outraged lawyer whispered in his ear...
say = saw
if the lsu fan was passed out he had drank too much and then the Idiot alabama fan had drank to much evidently , so they are both at fault , yes 2 years is to steep an for idiotic act. they don,t even sentence the drug dealers form this neighborhood to two years for stealing cars and breaking into your house sheesh .If the LSU fan had not passed out drunk he would have not been involved his fault too sooooooo
Let me get this right. If your wife, daughter, sister, friend is passed out and is sexually assaulted, it is their fault. They were giving their permission to be violated?
WOW! What the dude did was wrong, but 2 years? How many drug dealers and thieves are running a muck in Decatur alone that have been arrested tried and convicted multiple times that don't get 2 years?
Why was the LSU fan not cited/arrested for drunk in public?
OK Two years is not to much because the article led you to think that a sex act was simulated when what actually happened the Downing fellow removed his penis from his pants and inserted into this other guys mouth. That is rape even if the guy didn't reach orgasm it's still rape. People in unconsious states either by alcohol or brain dead are still being raped period. Had I been there and witnessed that I would have belted the guy his his nose. Downing brought this on himself and his family.
You are right, Casinokid; I was misled. I found the video and it is sickening.
Wo-tyde