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LSU fan suing Alabama man for post-BCS video

Brian Downing AP

Following some time on the news backburner, the incident involving an Alabama man allegedly performing a simulated sexual act on a LSU fan following the BCS championship game has now been brought back to the front.

The Associated Press reports that the LSU fan seen passed out in the viral video has decided to sue Brian Downing for allegedly committing sexual battery. The incident took place at a Krystal restaurant on Bourbon Street.

The video, about five minutes long, features several fans hazing, poking and taking pictures of the unconscious man. Then, one individual — supposedly Downing (pictured) — exposes himself and places his genitals on the unconscious fan before a restaurant employee steps in to disperse the crowd.

Downing later turned himself into authorities and was booked on charges of sexual battery and obscenity. The New Orleans district attorney has until June 20 to decide whether to prosecute Downing.

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32 Responses to “LSU fan suing Alabama man for post-BCS video”
  1. burntorangehorn says: May 5, 2012 1:20 PM

    I know the legal reasons for using “allegedly” and all that, but there’s video of this grown man acting like a juco dudebro.

  2. Deb says: May 5, 2012 1:32 PM

    So … the victim thinks he’ll be able to get some money out of this guy after the criminal case is concluded and the first set of lawyers have been paid? Yeah, good luck with that.

  3. burntorangehorn says: May 5, 2012 1:38 PM

    Deb, do you feel that it’s wrong for the victim to receive monetary damages for this? You don’t state it, but there’s a detectable tone that seems to imply that you think the victim is just digging for gold with a frivolous lawsuit.

  4. bobulated says: May 5, 2012 1:40 PM

    I’ve made a simple “if this, then that” program for Bama fans on when it’s appropriate to take your junk out in public;

    Am I in public?

    If Yes, Then NO, do not take junk out.

  5. tappstry says: May 5, 2012 2:28 PM

    It’s sad that people are idiots and do immature idiotic things like this Alabama fan, but what is just as bad is that someone can get plastered drunk (which is also immature and idiotic) and then try and sue someone to get some money. Lawyers are killing this country.

  6. fatfreddystubbs says: May 5, 2012 2:34 PM

    This whole thing sounds like a Saturday Night Live sketch where four dudes are hanging out, three of them do something a little goofy, and then one of them just goes way too far.

    “I’m gonna take a picture where i have a goofy look on my face and give the thumbs up sign”

    “I’m gonna get a picture with me giving him ‘horns’ behind his head”

    “I’m gonna shave his eyebrow”

    “I’M GONNA WHIP OUT MY JUNK AND RUB IT ON HIS HEAD”

  7. burntorangehorn says: May 5, 2012 2:34 PM

    tappstry, that’s a classic blame-the-victim mentality. Getting drunk doesn’t put a people at fault for things that other people do to them, such as sexual assault. Yes, the victim could have been charged with public intoxication or something of the sort, but the fact that he was drunk in no way changes the fact that he was assaulted, and he has and should exercise his right to seek damages from the offender.

  8. herradler1021 says: May 5, 2012 2:38 PM

    The fan taken advantage of should not get any monetery reward, but he should be allowed to remove the offending appendage with a fishing knife and mount it either on the wall of the restaurant or in the LSU sports trophy case.

    Quid pro quo, the Alabama fan would then be allowed to pose sans genitalia for the Alabama medical school yearbook as long as he is allowed to place a caption (It doesn’t take any balls to beat LSU) under the photograph. Now there is equality throughout the league with no lawyers being involved. What a precedent !

  9. kozbee says: May 5, 2012 2:45 PM

    Well my opinion i see a lawsuit in this plus a year or two jailtime.What bothers me here is two guys one passed out and the other drunk thinking hes with his cuz and drops his bag of nuts on the passsed out guy.Come on now guys are you forgeting your with your friends(guys) or Bama fan is that how you like it when your not with your girl or wife.I see in the future this guy is going to be a single man if he has a girl or wife.Were all those standing around Bama fans also,poking and having a great time.IMO this should be a form of rape or at least a woman would call it that.Man im staying out of Tuscalooser.Go After Him LSU Fan.Dumb Bammer.

  10. Deb says: May 5, 2012 3:33 PM

    @burntorangehorn …

    In case you haven’t noticed, I pretty much say what I mean on the blogs. My impression was that this guy is a loser who isn’t rolling in money. As I’ve said from the get-go, he should face criminal charges. Can’t imagine he’d have anything left after that.

    But now that you mention it, yeah, as a rape survivor, I want to see sex offenders in jail. No amount of money would compensate me for the trauma of my experience, and I’ve never spoken with a rape victim–and I’ve known dozens–who wanted to be paid for her time. But then again … this wasn’t a rape, was it?

    I have no problem with the guy suing, if that’s what you’re ranting about. Just can’t imagine how he’s gonna get blood from a turnip. Glad to see you’re sooooo concerned with rape victims that you’d lash out at me over something so idiotically trivial. Gee, it’s almost like you’ve actually had some personal experience instead of just that you’re being your usual prick self with me. :roll:

  11. Deb says: May 5, 2012 3:57 PM

    Hi, to my LSU fans. As usual, I can’t make a simple comment like “Good luck getting money out of this guy,” on an LSU/Alabama thread without some jackass turning into something it’s not. Thumb away. You always do. I’ll work on trying not to wish you had my life experience to draw on .

  12. kozbee says: May 5, 2012 4:06 PM

    Deb you must not know much about how this Bama man lover can be sued.First he can lose his doublewide trailer then his fishing boat,old truck and then as hes working in the future part his check goes to who sued him.It doesnt matter what he has now but can also lose what he ever gets on down the road.Some people are just plain stupid when it comes to winning a game,i even heard they were burning couches after that game,now i thought WV had a patent on that ball of fun.And yes i`ll tell you this,i am a SEC fan but ashamed of some teams in our western div.

  13. Deb says: May 5, 2012 4:22 PM

    @kozbee …

    First, don’t assume he’s a man lover. Discovered after this happened that’s such a common “victory dance” kind of thing that gamers have created a way for their avatars to hump fallen opponents in video games. (No, I’m not kidding–wonderful commentary on society, isn’t it?)

    Second, do you seriously think West Virginia, Alabama, the SEC West, or the United States has a monopoly on this kind of thing? I used to live overseas and saw this stuff going on years ago. Man’s inhumanity to man knows no racial, regional, national, political, or even gender boundaries.

    Third, you’re right … I hadn’t thought about the LSU guy attaching Downing’s future paychecks. If I were him, though, I’d also look at going after the other people in the restaurant who were egging on Downing and the restaurant itself–which has much deeper pockets.

  14. kozbee says: May 5, 2012 6:07 PM

    @ DEB

    Its obvious hes got to be a man lover or has done it in the past without it being a victory dance lol.My type victory dance would be getting a fifth of Jim beam and a nice looking chick and roll in the hay all night long.Anyways i ment no disrespect to you in anyway over this.By the way this Downing is he by any relation to the news anchor man Downing.Just curious,i heard he was.

  15. Deb says: May 5, 2012 6:29 PM

    @kozbee …

    No worries–I didn’t take your comment as disrespectful. Thank you. And I need to stop letting things people do on blogs bug me.

    Your kind of celebrating makes sense. Can’t wrap my head around any of the nuts on that video. Cuckoo. No, I don’t think he’s related to the anchorman. But he turned out to be related to a cop. When the cop saw the video, he got the guy to turn himself in. Bet it was a huge embarrassment to the family.

  16. kozbee says: May 5, 2012 6:30 PM

    Well i hope he can be a registered sex offender cause imo thats what he is.

  17. WingT says: May 5, 2012 6:59 PM

    after reading this article and all the comments I have come to the conclusion that it would probably be best to avoid the Krystal restaurant on Bourbon Street after a sporting event has concluded in the Super Dome.

  18. normtide says: May 5, 2012 7:55 PM

    This is a “I’ll drop the charges if you pay me a load of cash” move. Prob the best way for it to play out, tbh. Either way, bro-ham is going to be regreting this a long time. He will be paying the other man money for a long time, or get sex offender status for life. One moment of stupidity can cause you years of payback.

  19. rajuncajun28 says: May 5, 2012 9:12 PM

    Do you really expect “Bammy” rednecks to behave differently? The entire state is full of backwoods, trailer trash that don’t know how to function outside of a trailer park…they could wipe that state from the union and the U.S. would be better off….

  20. guinsrule says: May 5, 2012 9:59 PM

    The Bama guy probably just got confused and thought he was at a family reunion.

  21. thecrazyasianinseccountry says: May 5, 2012 11:29 PM

    @Deb……..
    TRIVIAL..
    Excellent choice of word, couldn’t have agreed more with you.
    Imagine if people try to get an impression about me from reading my comments…

  22. thenoffer says: May 6, 2012 1:52 AM

    What is this guy going to claim in his civil suit? That since this incident he has been unable to get hammered drunk and pass out in a Krystal Burger? His life will never be the same. Both these guys are fools. One just a little worse.

  23. 700levelvet says: May 6, 2012 9:03 AM

    Downing was quoted delivering the famous line from Deliverance “He sure does have a purty mouf” before going all Peyton Manning on the guy…But look at it this way, at least he didn’t poison him…Stay Classy Bama fans…..

  24. kozbee says: May 6, 2012 11:13 AM

    @ thenoffer
    You ask what does he have to claim.Lets pretend the guy is you and your drunk not knowing whats going on then all this happens to you and friends & family see you on youtube.This can be a mental issue and some people have killed themselves from having to deal with this everyday at the jobsite,school,family and friends.This Brian Downing kid needs to be put away and let him see where he went wrong.Seems those that do stupid things are always so sorry afterwards.Look at the trees poisoned at Auburn,kids things are going to far.I know as some say its a Victory Dance but whan happens to this kids mind for the rest of his life.IMO this was just plain stupid and he should be sued and serve time to really think of what he done.

  25. Deb says: May 6, 2012 1:14 PM

    thecrazyasianinseccountry says:
    @Deb……..
    TRIVIAL..
    Excellent choice of word, couldn’t have agreed more with you.
    Imagine if people try to get an impression about me from reading my comments…
    ————————————————–
    Some LSU fans waste a lot of empty words telling us all what great people they are. But you really are a good guy. Thank you. And your comments are hilarious ;)

  26. alligatorsnapper says: May 6, 2012 1:31 PM

    Deb: You are right about the onlookers who egged Downing on as well as the Krystal in which this occured. I would hope that if he would sue that his attorney would be wise enough to include those in the law suit as well. He does have a case with personal humiliation, sexual assault, and a few other things the New Orleans media have reported.

    This is one of many cases in point where there were many who attended the BCS NG and after paying the huge price for tickets and for parking, they had little left to eat afterwards so the fast food restaurants were so busy that they had traffic jams down the block. Commander’s Palace, K-Pauls, Brennan’s, etc. had filled reservations, but it was the fast food joints that did a booming business that afternoon and late night.

    thecrazyasianinseccountry: I got the impression from your posting that you are a dedicated LSU fan and SEC fan, and have a great sense of humor. Did I get the correct impression?

  27. Deb says: May 6, 2012 2:34 PM

    @alligatorsnapper …

    As a rule, I wouldn’t suggest suing the restaurant–especially since Krystal doesn’t serve alcohol. But the video showed employees just walking past as all this was happening. Maybe it’s unfair given the glut of the crowd that night, but it does seem they could have thrown out that bunch.

    normtide made an interesting point. I’ve wondered about the delay in deciding to prosecute this case since the evidence is there for all to see. Perhaps this is an either/or situation and the victim would prefer a quiet settlement to a public trial. Certainly couldn’t blame him.

    Yes, you’ve managed to get an accurate impression of thecrazyasianinseccountry. But that just further proves people see what they want to see. I’ve been on this blog far longer than you and your friends and always defended LSU coaches and players. Yet, when I defended myself, my coach, and my team, I became a pariah, damned for saying things about people I’d never said–in fact, I’d done nothing but support and encourage those people who just left me twisting in the wind. The above is a perfect case in point. It takes a pretty creative mind to get from the comment I made to the accusations burntorangehorn hurled. But then … you all have have long demonsrated pretty creative minds.

  28. normtide says: May 6, 2012 2:47 PM

    Someone who claims to be a family spokesman for an online message board is never taken seriously. In fact, I would not rule out that she/he/whatever logs in under differant names, to pose as friends. As far as washing the hungry and feeding the dirty, I don’t believe in fairy tales or online storys of how amazing oneself is. The people I know that help others as such, do not bring it up every time they talk. It is called selflessness for a reason …

  29. lostsok says: May 6, 2012 8:30 PM

    Stay classy, Bama fans!

  30. burntorangehorn says: May 8, 2012 2:54 PM

    Deb says:
    May 5, 2012 3:33 PM
    @burntorangehorn …

    In case you haven’t noticed, I pretty much say what I mean on the blogs. My impression was that this guy is a loser who isn’t rolling in money. As I’ve said from the get-go, he should face criminal charges. Can’t imagine he’d have anything left after that.

    But now that you mention it, yeah, as a rape survivor, I want to see sex offenders in jail. No amount of money would compensate me for the trauma of my experience, and I’ve never spoken with a rape victim–and I’ve known dozens–who wanted to be paid for her time. But then again … this wasn’t a rape, was it?

    I have no problem with the guy suing, if that’s what you’re ranting about. Just can’t imagine how he’s gonna get blood from a turnip. Glad to see you’re sooooo concerned with rape victims that you’d lash out at me over something so idiotically trivial. Gee, it’s almost like you’ve actually had some personal experience instead of just that you’re being your usual prick self with me.
    ===================================
    I’ve been roofied, thanks, but go ahead and draw whatever assumptions make you feel better on your pedestal.

    As for whether rape victims want to be compensated monetarily, I can understand that sentiment, but from those I’ve known (including my former spouse), this usually seems to be due to desire to avoid the pain of more time in court, which I’m sure you know often comes with fears that people won’t believe them, they’ll be seen as damaged or worthless, etc. To the extent possible, many want to simply put the incident behind them. There’s nothing wrong with that, but neither is there anything wrong with the LSU fan’s decision to pursue damages in this case.

    While this is a case of sexual assault, it doesn’t make rape cases the best analogies, as this was a highly visible assault with evidence that was seen all over the place. This plaintiff likely has little or no reason to fear that he won’t be believed. The viral proliferation of the video means that any hope for victim’s privacy was lost long ago, and is irrelevant to whether he proceeds with the case. Certainly the criminal case will proceed, but filing suit gets his foot in the door to pursue civil damages. If he drops the case later, he’s lost nothing except maybe a retainer fee for whoever prepared the statement of claim. If he proceeds, he’s well inside the statute of limitations, and the wheels are in motion.

  31. Deb says: May 8, 2012 4:54 PM

    @burntorangehorn …

    Didn’t read past the first sentence. You’re the one who attacked me, turning an innocent post about good luck getting money out of this guy into a diatribe about rape. You’re the one who was on the high horse here, trying to build something out of nothing for personal reasons. I just feel sorry for you. And not over that roofie nonsense.

  32. 1974gator says: May 11, 2012 8:38 AM

    Children! Children!

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