Arrest Made In BCS Fan Abuse Case

Friday 11:03 a.m.
A judge in New Orleans set Downing's bond at $10,000


Friday 12:40 a.m.
New Orleans police have arrested 32-year-old Brian Downing. He turned himself in for questioning around 10:30 Thursday night.

Downing is charged with sexual battery and obscenity.

If convicted on the sexual battery charge, Downing faces 25-99 years in prison. Upon his release, he would have to register as a sex offender and wear an ankle monitoring bracelet for the rest of his life.

Thursday - 6:12 p.m.
New Orleans police have made direct contact with the man accused of abusing an unconscious LSU fan after the BCS National Championship game.

Brian Downing lives in Phenix City, Alabama. Thursday afternoon, Downing and his attorney asked the Russell County sheriff's office to contact New Orleans police. Police then asked Downing to make the 6.5 hour drive back to New Orleans. At this point, no arrest warrant has been issued.

Downing is accused of exposing himself to an LSU fan who had passed out.

Video of the January 9^TH incident went viral after it was posted it on-line.

One of the many people in the background of the video is Patrick Setterstrom, the 22-year-old son of News 5's Sports Director Randy Patrick.

Setterstrom's attorney Donald Briskman tells News 5, police only consider his client, Patrick Setterstrom,  a witness and he will not face any charges.

Briskman says Setterstrom spoke to police about what he saw that night and gave them the names of everyone he knows in the video. Setterstrom says he does not know the man police have been looking for.

This afternoon, News 5’s Randy Patrick issued a statement about the case.

He says quote "I am saddened and disappointed beyond words for my son's appearance in this video.

I have personally sent an apology to Coach Saban and the University of Alabama. Our whole family apologizes to all of those who have been adversely affected by this regrettable incident."