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

There 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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