Alabama fan pleads guilty to ‘obscenity’ on LSU fan

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An Alabama fan will be sentenced to jail time for simulating a sexual act on an unconscious LSU fan after January’s BCS championship game, the Associated Press reports.

Brian H. Downing of Smith Station, Ala., pleaded guilty Tuesday to two counts of obscenity for the act on the LSU fan in a Bourbon Street fast food restaurant. The incident was captured on a video that was widely viewed on the Internet.

Prosecutors said a deal reached Tuesday, before the start of a trial, requires Downing to be sentenced to two years in jail, the AP said.

The actual sentencing was scheduled for Nov. 29. Downing declined to comment after the plea was entered.

The video showed a man, later identified as Downing, wearing a University of Alabama jacket and performing a simulated sex act on an unconscious man at the restaurant after the Crimson Tide beat LSU for the BCS championship Jan. 9.

The LSU fan, whose name has not been released, has sued Downing for “mental anguish, humiliation, embarrassment, anxiety and depression … damage to reputation” and lost tuition payments “for having to withdraw from school,” AP reported.

It was the second infamous incident involving an Alabama fan in the past two years.

Harvey Updyke is charged with applying herbicide on the oak trees in Auburn’s Toomer’s Corner after the Tigers defeated Alabama 28-27 during the 2010 football season.

Using the alias “Al from Dadeville,” Updyke allegedly called a Birmingham radio talk show after the incident to boast about it.

Updyke, 64, was arrested again last week in Hammond, La., for allegedly promising to “come back and take care of everyone” after he argued with a Lowe’s store employee over a refund for a returned lawnmower.

Updyke has been ordered to undergo psychiatric evaluation.

96 comments Add your comment


October 2nd, 2012
5:05 pm

?? What’s a simulated sex act?? If it was an actual sex act (rape) then OK throw the book at the guy but simulated?? No big deal..

Lesson: Don’t pass out drunk on Bourban Street without your buddies close by to back you up..


October 2nd, 2012
5:06 pm

The kid didnt pass out in the middle of Boubon Street.. He passed out on the Counter of a Krystals Restaurant. He also had a whole cheering section of Alabama ALumni and Students egging him on with Roll Tides. Molesting someone in a public restaurant is a very depraved act. Whether someone is drunk or not does not give this pervert a legal right to molest him.


October 2nd, 2012
5:10 pm

Well everyone who makes a comment about is no better or worse than Downing for keeping a sick issue open. A Louisiana judge must have thought it pretty bad to give Downing 2 years. If the situation were reversed an Alabama judge would have given an LSU fan a pat on the back for a natural act in AL.


October 2nd, 2012
5:14 pm

2 years? seems a bit much- like someone else mentioned, he probably would have gotten less if he beat the snot out of him

Updyke, Downing…. what the next classy act a bama fan will pull for us?

Odell Thurman

October 2nd, 2012
5:14 pm

When I played for Coach Mark Richt, he authorized me to give Code Reds to the weaker freshmen.. this is exactly how we did it up.


October 2nd, 2012
5:16 pm

Have any of you ever been to Smith Station AL. I have. Go and you will understand the rest of the story. I think Downing lived in the third trailer on the left

LaBubba and Bubbica

October 2nd, 2012
5:31 pm

white trash im-bred moron.Yep must be Alabama

LaBubba and Bubbica

October 2nd, 2012
5:33 pm

thank god there wasnt any sheep or chickens nearby


October 2nd, 2012
5:35 pm

‘Most Bama fans are from rural, uneducated, blah blah blah. On the contrary…..only rural, uneducated people would make such comments. Visit Huntsville, Birmingham, Mobile and cities in between to get an education on life in Alabama before you make idiotic comments like that…..bless your hearts!

follow the money

October 2nd, 2012
5:37 pm

Auburn and cheesestick cheaters and Trupa, Loopah, Lowder and Dye


October 2nd, 2012
5:37 pm

I wonder how all the people justifying this act by Mr. Downing would feel if it was their brother, sister, father, mother, etc.?
I wonder what Mr. Downing’s parents think about this? If we could get answers to those questions we would know a great deal about Alabama fans.


October 2nd, 2012
5:39 pm

And possibly society in general, Lord help us!


October 2nd, 2012
5:40 pm

@Bammer…typical no-class ua fan…go kill an oak tree


October 2nd, 2012
5:55 pm

Once a Trailor Park resident and a Walmat shopper who has never seen or been on the Tuscaloosa site, it was a very exciting time.
Also Paul “acid” Bunyon killing 125 year old innocent trees and bragging about it on a radio Talk Show, life could not be greater, Bama fans are the WORST in all collgeg football


October 2nd, 2012
6:12 pm



October 2nd, 2012
6:16 pm



October 2nd, 2012
6:17 pm



October 2nd, 2012
6:26 pm

hey TIM BUCK.. go pass out in an LSU bar would you????

Ricky Grooms

October 2nd, 2012
6:52 pm

To all of the ignorant alabama fans taking up for their fan. You are as ignorant as he is.


October 2nd, 2012
6:55 pm

Why does a name like “Harvey Updyke” always make me think of Hillary Clinton and Moochelle 0bama?


October 2nd, 2012
6:58 pm

Like most typical University of Alabama graduates, this video merely shows Mr. Downing inside a fast-food restaurant, angling for an “entry-level” position.


October 2nd, 2012
6:59 pm



October 2nd, 2012
7:05 pm

There sure is a lot of name-calling going on at this blog.


October 2nd, 2012
7:14 pm

Stay classy Alabama. Great at football, sleazy otherwise.

John from Cobb

October 2nd, 2012
7:16 pm

2 years, you have got to be kidding me. The guy was passed out from drinking, does he not have some culpability?


October 2nd, 2012
7:32 pm

John from Cobb,

Does your daughter or wife? How about dear old Dad? No one here sees the true problem! That speaks volumes!

PLEASE UNDERSTAND THE ISSUE: simulated homosexual act in public, should that be tolerated? HELL, simulated sex act in public…does that make it easier to understand?

I can make it easier for this audience if need be. It’s way beyond football. Yes, we are headed to hell in a hand basket! These post prove it.

He should get a letter of recommendation? A hero’s welcome and cheer? Sad to think we have young people dying in other countries while imbeciles defend the actions of a degenerate.

Kris Jones

October 2nd, 2012
7:38 pm

Bama fans are Homos!
Deliverance Music should be their new fight song!!!

Rick James

October 2nd, 2012
7:42 pm

@Ostrich Racer

If you pass out drunk on Bourbon Street, you have pretty much assumed the risks associated with any photograph somebody might take.
The Bama guy just pleaded guilty to sexual assualt for having that same attitude..Here’s hoping that none of your family members never pass out in public or around you..Drinking or not.


October 2nd, 2012
7:46 pm

u know it is funny how this guy performs some juvenile act in a city and environ full of drunken idiots and people actually care. i would be equally embarrassed about being so drunk i passed out in the middle of bourbon street. this is such a waste of louisiana taxpayer money to jail this kid for two years or whatever the sentence ultimately ends up being when that whole state is as corrupt and crime ridden as any in the nation and they need all the jail space they can get for those cretans. have u been to new orleans?this is a joke. like the charge on his record won’t haunt him long enough or be punishment enough. just created another lifelong criminal..


October 2nd, 2012
7:47 pm

2 years does seem like a long time, even for a dumbass Roll Tide fan. But these colllege kids, and their stupid drunken ways ?!

Rick James

October 2nd, 2012
7:52 pm

I wish Mr Downing should be placed in a cell with rapists and a camera streaming live to the internet.I think some of the people commenting here who think the attack was funny would enjoy watching..Maybe it could be shown at halftime of Alabama/LSU next year..

Special K

October 2nd, 2012
7:53 pm

You get drunk and you pay the bill. Feel for the guy but you play and you pay. Be glad it was only simulated. At UGA, it would not have been. lol . Just kidding folks, don’t get your panties in a wad.

Brainiac (CMR/UGA Fan For Life)

October 2nd, 2012
8:13 pm

I will just reserve anycomments on this situation because sometime in the future a similar incident will occur and it might be ANY school!!!!!

I did notice that a few managed to work UGA into their defense of these two perverts but no big deal. Bammy should have lost the game. That way everything in NO would be just fine and acts like this would have been ignored because in lots of places nothing matters more than winning a NC and that is the opinion of too many IDIOT Dawg Fans also!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I would give Downing a 6 on his simulation though!!!!!

Updike gets a 10 because he accomplished what he set out to do 100%(seriously this guy needs help)

One more win and UGA becomes BOWL ELIGIBLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Attack - U- Dawg

October 2nd, 2012
9:15 pm

Typical Bammer hillbillie scum.


October 2nd, 2012
9:38 pm

Bama fans must be proud.


October 2nd, 2012
9:40 pm

Roll over and die, you inbred Tide “fans.”

Supersize that order, mutt

October 2nd, 2012
9:41 pm

You rednecks never cease to amaze.


October 2nd, 2012
10:17 pm

Next to South Carolina fans, Bama fans are the most embarrassing fans in the SEC. You must be proud Bama.


October 2nd, 2012
10:21 pm

How utterly senseless – maybe stupid is a better word – for so many people to pretend that this bozo is a typical Bama fan, or that this behavior is routine. Any rational person knows that ALL schools have their share of this type. Far too many people are eaten up with jealousy because of Alabama’s success, and denigrate the entire state with childish, catty remarks. Get a life folks – people are pretty much the same everywhere – about the same ratio of good to bad.


October 2nd, 2012
10:33 pm

I love all of these “Alabama fans are nothing but uneducated rednecks” comments, when 90% of Georgia fans didn’t even go to Georgia or college theirselves. Being state schools we both have those unfortunate fans that shame a school they never attended. So save the bullcrap comments, because Alabama offers the same, if not better, programs as Georgia. If you don’t believe me, check national rankings between the two.


October 2nd, 2012
10:55 pm

What do you expect from the Gumps?

Cobb Dawg

October 2nd, 2012
11:00 pm

The “University” of Alabama is a football team with a second-rate trade school attached. Some kids from GA go there, but only as their third option if they can’t get into UGA or another real institution of higher learning. Face it, Bama is in the state of Alabama and what else to you expect!

The rest of the SEC

October 2nd, 2012
11:02 pm

This dude and Harvey Updyke tops anything any Georgia fan has ever done.


October 2nd, 2012
11:06 pm

How about when the Gumps threw the whiskey bottles at the Georgia players when Stafford scorched them in OT back in 2007.


October 2nd, 2012
11:17 pm

is there more redneck trailer park trash per capita in Alabama, Tennessee or Arkansas??


October 3rd, 2012
12:13 am

It’s pretty obvious there’s a lot of scumbags in Alabama.