A man accused of rubbing his genitalia on an unconscious LSU fan after the BCS national title game in New Orleans, pleaded guilty to two counts of obscenity charges on October 2, according to Boston.com and other media outlets.
The assault occurred in a Bourbon Street restaurant on January 9 of this year.
B.D. a resident of Smith Station, Ala., made the plea deal the same day he was scheduled for trial. The original charge included sexual battery – which if found guilty, he would have faced a 10-year maximum prison sentence.
Prosecutors agreed to drop the battery charge as part of the plea deal.
Though sentencing is scheduled for November 29, Orleans Parish Criminal District Judge Karen Herman said that she will be sentencing B.D. to a two-year prison term and will be recommending that he participate in a boot camp program with prison officials.
In the plea arrangement B.D. will not have to register as a sex offender.
A man wearing a University of Alabama jacket exposed his genitalia and performed a simulated sexual act on an unconscious man – and a tape of the incident has since gone viral on the Internet.
Along with the criminal case a civil litigation is pending, filed by the LSU fan, and seeks damages for "'mental anguish, humiliation, embarrassment, anxiety and depression ... damage to reputation." The suit also seeks reimbursement of lost tuition payments as the victim had to "withdraw from school."
District Attorney Leon Cannizzaro's spokesman, Christopher Bowman, said the prosecutors discussed the plea deal in advance with the victim. Bowman said it was the "most just outcome and also the most certain outcome."
The idea originally put forth, that B.D. was just engaging in a harmless drunken prank, was not accepted by the prosecution. According to Bowman, "When you put your genitals on someone's body, someone who is passed out, that's not a prank. I don't think people would be asking that question if the defendant had done it to a passed-out woman."
Attorney Michael Kennedy represented B.D. Kennedy stated that his client accepted the plea deal as he has a year-old son – and B.D. did not want to be registered as a sex offender. Of his client's choice Kennedy said, "Is it worth the risk of never seeing a Little League game? Of never being able to drop your child off at school? He decided no."
B.D. could be eligible to serve less than half of his two-year sentence; his attorney believes he will serve a minimum of nine months.
B.D. refused to speak to reporters after the hearing.
When the incident was first reported, New Orleans police said that the victim would have to file a complaint before they would begin an investigation.
After a wanted poster was circulated, complete with a screenshot from the video, B.D. stepped forward and identified himself.
Whether you have been charged with one or more crimes, misdemeanor to felony, you must contact a criminal defense attorney to best serve your needs.
