SAN FRANCISCO (CBS SF) – A San Francisco man removed from a U.S. Airways flight and arrested after he allegedly refused to pull up his sagging pants was released from custody Thursday after posting bail, and prosecutors are still considering whether to file charges in the case.
Deshon Marman, 20, was arrested Wednesday morning on suspicion of a felony count of battery of a police officer and misdemeanor counts of resisting arrest and trespassing.
Meanwhile a video shot by a passenger of the US Airways flight has surfaced, showing Marman pleading his case to the pilot and a San Francisco police officer.
The pilot and a San Francisco Police officer stand by the seat, but it appears Marman refuses to get up and leave. Marman said he told an airline employee he was wearing “pajama pants” and that he would pull them up when he sat down. Once he sat down, he considered the matter resolved.
Marman was returning to Albuquerque, where he is a scholarship football player at the University of New Mexico, after speaking at the funeral for his best friend, a former San Francisco prep football star who was killed in a Bayview District shooting last month.
The San Mateo County District Attorney’s Office has not charged Marman, who posted $11,000 bail Thursday afternoon and was released from jail.
He is scheduled for arraignment on July 18, and prosecutors have until July 16 to decide whether to file charges with the court clerk, District Attorney Steve Wagstaffe said.
Although that is the latest date charges can be filed, “we hope to be able to do it sooner than that,” Wagstaffe said.
Marman, who was boarding Flight 488 to Albuquerque, N.M., was instructed by airline crew members several times to pull up his pants to cover his underwear, both before he boarded and on the plane, according to San Francisco police Sgt. Michael Rodriguez.
Marman allegedly refused to pull up his pants and when he sat in his seat, he pulled them all the way down, Rodriguez said.
Eventually the plane’s captain told other passengers on the aircraft to deplane, ordered Marman to leave the plane and then placed him under citizen’s arrest for trespassing after he refused the order, according to Rodriguez.
Marman was escorted off the plane by police and then allegedly resisted officers when they tried to handcuff him. One officer received a cut to his hand and a sprained knee in the struggle.
U.S. Airways spokesman Andrew Christie said Thursday, “While U.S. Airways does not have a specific dress code, we ask our customers to dress in an appropriate manner to ensure the safety and comfort of all of our passengers.”
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