Criminal law, Society, Torts

Alabama Fan Starts Serving Two-Year Jail Sentence For “Tea-Bagging” Unconscious LSU Fan On Bourbon Street

10467185-largeThere is a bizarre case out of New Orleans where Alabama football fan Brian H. Downing has begun serving a two-year sentence for “teabagging” an unconscious LSU fan outside a Bourdon Street restaurant — a vile humiliating act that was videotaped and posted on YouTube. The victim is also suing Downing in tort. Notably, Orleans Parish Criminal District Judge Karen Herman commented at sentencing that he “chose wisely” in accepting the plea bargain — indicating that she would have hit him with an even higher sentence for the disgusting act.


A plea is probably a good idea when you are being tried in New Orleans for abusing an LSU fan in celebrating Alabama defeating the Louisiana school. However, Herman was expressing the sentiment of many inside and outside that state regarding the disgusting behavior.

Downing pleaded guilty in October to two counts of obscenity in return for prosecutors dropping a charge of sexual battery. It was a very good deal for him since the sexual battery charge would have triggered a potential 10 year sentence (though that would be unlikely) and the need to register for life as a sexual offender.

The video below doesn’t show the act but it does show a large crowd of Alabama fans abusing a passed out fan — not a single Alabama fan in the video appears to recognize that they are acting in a cruel and contemptible fashion.

The video offers ample basis for a tort action for the intentional infliction of emotional distress as well as battery. It is unfortunate that more of the fans were not identified to be included in such a tort action.

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40 thoughts on “Alabama Fan Starts Serving Two-Year Jail Sentence For “Tea-Bagging” Unconscious LSU Fan On Bourbon Street”

  1. “If that LSU fan is passed out, why aren’t they calling for an ambulance? People die from alcohol poisoning.”

    You’ve never been to the French Quarter, have you?

  2. If that LSU fan is passed out, why aren’t they calling for an ambulance? People die from alcohol poisoning. And some people get off on humiliating others.

  3. JAG, Those girls in Girls Gone Wild aren’t making soft porn, the slim bag who videos them is. They’re drunk, in bars, college apts., and just show off for the camera, just like this guy,

  5. randyjet, Having been to many Yale Bowl games, it is a drunkfest. The Game is the worst.

  6. Well the perp might get to be President of the US once he gets out of jail, just like W Bush did. As Michael Moore pointed out, he has been drunk and disorderely at many a football game, but he never got arrested for it like W Bush did. As Moore said, in a big stadium like Yale Bowl it really takes some doing to be so obnoxious that you stand out in that crowd.

  7. JAG, “Girls Gone Wild” would be the video rebuttal to your assertion.

    ——————–

    Ahhhh…. OK… he was making a soft core PORN video to sell….

    and here I thought he has just SHAMELESSLY whipped out his d*ck
    in an effort to be funny…. as a joke…..

    ——————————————

  8. “Don’t put pot in the drug category. It’s an ‘erb, man. Like tea. Not only do I think pot should be legalized, I think it should be mandatory. . . . That’d be a nice world. Mellow, hungry, quiet, f@cked up people everywhere.” – Bill Hicks

  9. En vino veritas. The video does show the homoerotic act. This goes back to my prior assertions that college kids need more cannabis and less booze.

    JAG, “Girls Gone Wild” would be the video rebuttal to your assertion.

  10. Swarthmore mom
    1, November 30, 2012 at 8:52 am
    Justagirl. The are plenty of drunk women out in the clubs at night doing all kinds of crazy things.

    ————————-

    I have seen many drunk girls do some crazy things….
    and YET…. NOT ONCE have I seen ANY OF THEM pull out their Vaginas
    and say… “hahaha… Watch this!!!! “

  11. I did NOT say EVERY man would do this….

    I was saying….. Why would ANY man do this????

    and yes…. You can call it sexism…. But, I have been to a number of Frat Parties in my day… and I have seen MALES do more things like this…

    I have NOT seen women do things like this….

    and flashing ones tits is NOT the same…. That is a tradition….
    and they are tits…..WHO cares???

    whipping out ones penis, is NOT in the same ballpark, as flashing boobs…..

    How many men vs women moon people????

    and fact is… I have yet to see w woman whip out her Vajajay after a football game….

  12. Justagirl. The are plenty of drunk women out in the clubs at night doing all kinds of crazy things.

  13. justagurlinseattle said “WHY is it that men, any man….would think to do this????”

    Any man? I don’t think so.
    You might want to look the mirror at your own sexism.

  16. Here’s another Crimson Tide fan, Harvey Updyke (also known as “Al” from Dadeville) explaining what being an athletic supporter really means:

  19. It’s not always educational to observe the behavior of the indigenous fauna: redneckium football fannium.

    On second thought maybe it is.

  20. I had to go and find the original video where the guy is doing this nasty act….

    The VERY first thing I thought of was…. You know…. This is something you will NEVER see a woman do….
    Women do not get drunk and think that pulling their pants down and preforming sexual acts on people is a good idea….

    WHY is it that men, any man….would think to do this????

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