Accused Alabama fan in viral video posted $10,000 bond

Saturday, January 21, 2012 - 12:22am

NEW ORLEANS, La (WNTZ) — Alabama Fan Brian Downing's overnight stay in jail has ended. The 32-year-old posted bail just before noon on Friday, after an Orleans Magistrate Judge set a $10,000 bond that morning.

Downing, a native of Smiths Station, Ala., was booked Thursday night on one count of sexual battery and one count of obscenity. It comes after viral video surfaced, allegedly showing Downing committing a sexual act on an LSU fan, who appeared to be passed out after the BCS championship game.

Sexual battery carries a maximum statutory penalty of ten years in prison. Speculation whether he'll ultimately be charged with or be found guilty of it is too early.

The Orleans District Attorney's Office said they are awaiting the completion of the NOPD's report.

Evidence in the form of the video recording does help the defense, providing almost conclusive evidence.  The media coverage also provides extra attention to the case.

Michael Kennedy, Downing's attorney, would not comment on the case. Once the NOPD investigation is completed, the DA's office will decide whether or not to file a bill of information charging Downing. His next court date is set for March 20.

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