They’ve got that clown dead to rights.

On video.

With his junk out.

Rubbin’ some poor passed-out kid’s head with it.

When his bosses at Hibbett Sports saw the video, they canned him on the spot.

And yet the DA’s office doesn’t know whether they’re gonna prosecute?

An Orleans Parish prosecutor says his office hasn’t decided whether to charge an Alabama fan accused of simulating a sex act over the head of an apparently unconscious Louisiana State University fan after the BCS championship football
game.

At Tuesday’s hearing to decide whether there is probable cause to charge 32-year-old Brian Downing of Smiths Station, Ala., Assistant District Attorney Taylor Anthony said only “Premature.”

Criminal Court Magistrate Gerard Hanson did not immediately set a date for another hearing.

Police booked Downing with obscenity and with sexual battery against a man at a Bourbon Street hamburger restaurant.

Downing surrendered after a video went viral on the Internet. The alleged incident occurred Jan. 9, after Alabama defeated the Tigers for the national title.

Hopefully they’re just playin’ it close to the vest. If not, it’s a pretty good example for why they’ve got crime in New Orleans. You can’t get an easier case – a defendant nobody in their right mind can sympathize with, no question that he’s guilty, a big-time high-profile case that got lots of media attention and a whole state full of people who want this guy keel-hauled.

Good Lord. How hard is it to enforce the freakin’ law down there?