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.”

(Copyright 2011 by CBSSan Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)

Comments (55)
  1. Mark says:

    “…and when he sat in his seat, he pulled them all the way down”

    Let’s add lying to his mama to the charges. He told her he was innocent and didn’t do nothing wrong.

  2. Brian says:

    racial discrimination by US Airways

    1. Gary Steele says:

      Well if only certain races exhibit this behavior…you can’t walk around with your pants half off. If the shoe fits…

    2. Greg Scott says:

      what’s racial about it, it’s not just a black thing, lots of morons do it, looks so f’in stupid

  3. Firefly says:

    Stirring up the old race issue Brian?

  4. VoiceOfReason says:

    Brian – you clearly are the racist one based on your comment.

    1. MacBaldy says:

      Racism is a basic aspect of the human condition, so is denial.

      1. PeepsRepublik says:

        So any response is a denial of racism? Discrimination is a basic aspect of being human, race is just one of the aspects that are judged. It can be color of hair, eyes, or a polka dot tie. AND EVERY ONE HAS DISCRIMINATING THOUGHTS. It is what we do, not what we think. Our behavior is what is to be judged, not our thought process. But, the way one is treated when requested to comply with reasonable decorum, usually reflects the attitude of the object of the request, not the authority making the request. One may be accustomed to using vulgar language. But when asked to refrain for consideration of others, one shouldn’t redouble their usage of foul language or civility will cease. It is actually no different than asking one to refrain from smoking in a crowded restaurant (back in the day when it was just thought am offensive odor).

  5. really says:

    This guy made us all suffer just because he wouldn’t pull up his pants. I so happy that US Airways did this and sad at same time. We shouldn’t have to tell people how to dress tastefully. No one wants to look at his baggy pants falling off of his butt. Very tacky!!!
    Even though we were all late, it had to be done.!

  6. J Cooper says:

    Good for the airline for taking a stand. Why do people want their pants so far down, exposing their boxers anyways? Doesn’t that defeat the purpose of pants if they aren’t covering the cash and prizes?

    What kills me is he’s getting a great college education becuase he’s great at football. Yet, he doesn’t give any thought about his behavior and how this could impact the rest of his scholarship? Does the school want to fund a player/student who cares less to pick up his pants for the safety of himself, passengers and crew, but then has the mind to drop them all the way down as he’s seated, causes everyone to deplane and wrestles with police? His excuse is he just buried his best friend. C’mon dude, seriously? You’re going to act up, jeopardizing your education and possible football career becuase you’re upset? Are you that fragile of a human being? You’re an adult, big boy living away from home. Be responsible for yourself.

    He is his own worst enemy. It’s not the cops, the airline or flight attendants that want to keep him down from being successful. It’s himself.

  7. I certainly hope not says:

    Every headline regarding this overblown incident refers to this young man as a “football star”. How relevant is that information to the situation at hand? Is the fact that one is an accomplished athlete a free ticket to bad behavior?

  8. Zack Debarco says:

    I love the great photo of him! Unfortunately he has decided to be a thug and make everyone else late. I am behind the airline on this one. NON-ENFORCEMENT BREEDS NONCONFORMITY!!! When certain segments of the “people of color” community start learning proper manners, then they will
    find out that playing the race card now a days is a waste of time.

  9. yessir says:

    He also had a bench warrant for his arrest out of Santa Clara County I believe. and this is who gets a scholarship.

    1. beavis415 says:

      Not only that, a woman that was on the plane reported that it was just boxers showing but bare a$$.

      Parents are also responsible for letting their children wear their pants like complete fools.

  10. Wisdom says:

    Although in 2011 a person race should not be a factor. It is ignorance on all parties addrssing this article as a racial issue when it is clearly not the case but a choice of attire how many times have I seen woman showing undergarments or low cut dress etc. This whole issue has been blown out of portion whites, hispanics, asians all wear sagging pants showing undergarments it is a cultural phenomenon within hiphop culture so do your research before making ingnorant comments.

  11. Teacher1 says:

    You cannot be arrested for trespassing when you purchase a ticket to be on a property or in an establishment. You cannot be asked to pull up sagging pants if there is no signage or communication which clearly outline a clothing rule or requirement. US Airways does not make mention of this rule when you pay for/purchase your ticket. This is clearly a violation of this college students first amendment (Freedom of expression) and fourteenth amendment (due process of the law). There would be no charges of resisting arrest if US Airway would have not violated this young mans constitutional rights. We as citizens of the US have rights and is protected by the constitutional rights afforded to us. For those who says race should not be a factor is wrong. I have witnessed a flight attendant deny an older man from Italy a can of apple juice and when I asked for a can of apple juice, I got one within five minutes? I gave the apple juice to the older man and later recieved a card thanking me from Italy. Mr. Wisdom, when is the last time you heard of a white, asian or latino person being arrested and thrown off of a airplane for sagging. When have you heard a president of the US being called a liar prior to President Obama presidentcy? Racism is very real and wake up US, the term African American is the only used within the US and everywhere else they are called American. Do your home work before making light of a serious issue with Americans & racism.

    1. hugo poppernuts says:

      you are correct sir, however, a fellow passenger also has the right not to see his behind.

    2. DKing says:

      Since the Captain had everyone deplane. He was in fact trespassing by not respecting the Captain’s order for everyone to deplane. You don’t have to have a posted sign about dressing appropriately as long as you hold everyone to the same standards. If there were others on the plane that had exposed their undershorts and more to the rest of the passengers but were not asked to correct that issue, then he would have a case. He resisted arrest by injuring an officer trying to handcuff him. Neither his First or Fourteenth Amendment rights were violated. An airline is a private entity. He agreed to abide by the rules they have when he bought the ticket. His due process comes from having the right to present his case. No one has taken that away. No doubt that racial issues still plague our country but this is less about race and more about respecting your situation. He should have pulled up his pants and filed a complaint later if he felt strongly. He now risks his college education, his scholarship, his future over pulling up his pants. That is a result of not thinking. He should have thought this action through. He didn’t and now may have to face the consequences.

    3. PeepsRepublik says:

      Fact is you are wrong. Captain and crew, on airline flights, have the force of law in the closed environment of that aircraft.

    4. meanone says:

      I think you are point on here withb exception to Barack Obama. We all know Bush lied.

      1. PeepsRepublik says:

        “We all know Bush lied.” Specifically, about what?

  12. saggingidiot says:

    Didn’t I hear saggy pants started in prison? and it was a sign you were available to be someone’s “companion” haha! Thanks to all the parents for letting their kids dress like saggy pant idiots. Really, if “sagging” is done by tough little gang bangers, prisoners, wanna be suburb thugs, why would you let your kid dress like that even if he just wants to be a wanna be hip-hopper. The key to survival these days is lay low, go unnoticed and don’t be mistaken for a parentless wanna be thug. I’m raising my kids to be smart, look smart, talk smart so that they are taken seriously when they interact with others. When you wear your pants with your underwear showing the only people that take you seriously are the police and other idiot thugs. Smarten up parents don’t raise your kids to be like yourself. Let’s all wait for the Marman’s to pull out the race card on this issue… waaaait for ittttt, waaaait for ittttttt.

    1. Sigmund says:

      You are CORRECT, sagging pants is an ‘invite’ to anyone needing to ‘pork’ the one with the sagging pants. It’s real stupid, the ones with the sagging pants think it’s ‘cool’, when in fact they are inviting A-hole bandits for a turn.

  13. garett says:

    This incident is entirely about personal deportment, public courtesy, common sense, adult manners, and, finally about class. The individual in question is a low class individual, an adult male with the mindset of a brash teenager. To suggest that one cannot be asked to dress in a certain manner if there is no visible sign or communication of an acceptable dress code prior to boarding a plane is sophistry. Should a naked man or woman thus be allowed to board the plane? Where do we, as a society, draw the line at what constitutes freedom of expression and public decency? Should I be compelled to sit next to this individual on a plane for an extended period of time because there are no other seats available? I cannot leave the plane as I could leave a restaurant or any other public facility should I find someone’s behavior obnoxious, an affront to common courtesy. This individual showed contempt, disregard of the personal feelings of his fellow passengers. Would an educated, high class African-American engage in this kind of behavior? I think not. US Airways was well within its rights to toss this person off the plane. The fact that he resisted arrest only confirms the thuggish mindset of a low class individual. He doesn’t deserve the scholarship he received and should be put on school probation for one year, and directed to perform community service in a customer relations position.

    1. Randy says:

      Did he committ a crime? What about when women breasts are overly exposed or a thong is showing? Where do we draw the line? I personally hate saggin pants and I prefer not to wear a tie, but that’s my choice.

  14. Scott says:

    He’s also 20 years old. When I was 20 I did lots of stupid stuff in public. People are getting carried away with him being an uppity black kid, a football star who should know better, and a hip hop ‘gang banger’. What he is is a young silly kid, old enough to die for his country, but not old enough to sit in a bar and drink legally.

    1. Dig it says:

      Yeah Scott, I did stupid things when I was 20 also, but my parents taught me to respect my elders and authority.

  15. Jack Morono says:

    US Airway, clearly discriminates him. He didn’t expose his sex organs.
    Who gets the right to call which piece of cloth underwear? When that textile is the outermost layer of his clothing, its his outwear. When a person wears only one layer, he is not wearing underwear. Why is this even a matter for anyone to judge?

    1. chriz says:

      Yeah that is a good point, and I bet if they measured the length of his undershorts compared to the shorts of some female passengers on the plane… I’m sure he wasn’t rocking a pear of tightie whities. People who sag have to wear something long underneath I mean it’s obvious when you think about it, this was discrimination.

  16. hugo poppernuts says:

    typical thug 3rd class citizen behavior.

  17. topper says:

    scholarship? Listen to the video….repeated horrible grammar “i ain’t done nothin’ to nobody” …. this is scholarship quality? What academic proficiency does this portray? Hey, pull up your pants, shut up, and learn something, Mr. scholarship!

  18. anelisan says:

    I think prosecutors should think twice before trying to press charges. The young man should also think twice before wearing that saggy pants because saggy pangs, should not be warned no matter what the material construction is. If he says its ‘pajamas pants, then that pant should not be worn as part of any outfits. Saggy pants do not make proper outfit, they are poorly made, poorly fitted and also poorly constructed. Therefore it should not be worn on anybody, including this young gentleman.

  19. meanone says:

    Wow. You don’t think this is racist huh? Hahaha! Yeah right!! When they start requiring white women not to expose the top of their underwear when wearing low-cut jeans or for having their bra strap exposed…. Maybe you anti-sagging people would prefer Islamic law. They require women to be covered only exposing hands and feet. Does that sound good to you? And since when did we start wasting so many tax payer dollars on the fashion police? I thought we were worried about terrorism. At least you can’t accuse this guy of concealing a weapon in his pants. Come on people.

  20. Jim says:

    The airlines has a right to refuse service to you and to ask you to leave their property.
    Also, this guy got kicked out of Archbishop Rirodan High School for trying to get into the records to change his grades, then he went to the public school Lincoln High School.

    Hmm, plus he was arrested in Santa Clara for drug possession.

    Hmm plus had to go to City College for a year instead of straight to a university. Some problem there.

    African American airline employee involved in telling him to pull up his pants so the rest of the people didn’t have to see his Anthony Weiner tight briefs.

    Alot of his story is not being told.

    1. meanone says:

      How do you know all of this Jim? What are your sources? Assuming what you say is true (I doubt it is), if he was such a “danger” being a drug dealer, educational cheat, and community college criminal, why did TSA let him through security? The young man was in his seat! The article does not mention the race of the employee who asked him to pull up his pants. It only stated that it was a woman. Again I ask, what are your sources? I hope this young man “sues the pants off” the airline and police department involved (pun highly intended)

  21. Jim says:

    Try to read what I wrote please. First of all any business has a right to refuse service. His option was to leave and handle it like an adult not Im not leaving for over 20 minutes of trying to get him to leave. He was given several warnings to leave and he refused. Thats trespassing. Look it up online under California penal code. He put himself out there as a star athlete and student thats never been in trouble. He said he was upset about his friend’s death but he hasn’t said much more about justice for him. The TSA doesn’t run criminal warrant checks on people going through the checkpoints. Go to the airport sometime, they check your ID to see if its you and let you in.If he was a terrorist they may have that info. It was a possesion of drugs charge, I didn’t say drug dealer or dangerous person.. The news media briefly showed the supervisor on a video for US Air on tv and it showed her race thats why the race card isn’t mention any more. I went to the high school thats why I know about him.

    1. meanone says:

      Jim, I did read your post. You are right, business do have the right to refuse service. But if they are using discriminatory methods to do so, people should be aware of that. Whether he is an athlete or scholarship student, criminal or do-gooder is irrelevant. Bernie Madoff was much more detrimental to America and he was never asked to get off a flight because of his clothing style.We are talking about fashion sense or non-sense depending on which side of the fence you sit. Can you send me a link or tell me which news station this interview was on. Something gives me the feeling they interviewed a “spokesperson” who was chosen because of her ethnicity to put a better PR spin and had nothing to do with the incident. The fact this young man was singled out is obviously a form of racism. I will ask you what I asked in my previous post, “Do white women who wear low-cut jeans that expose their underwear (similar if not identical to sagging) get treated the same? How about women who have their bra strap exposed?’ Certainly not complaining myself on either style but isn’t it a double standard? How about old men who have the pants pulled up so high you can see their business hanging out? If we are so concerned about dress code in this country now, why not just impose Sharia (islamic law) for men and women? Then we would be totally covered except for hands and feet… Which would be fine until a mormon’s long johns poked out from underneath their shirt…. Getting a bit absurd here but I’m just trying to stress the point.

    2. meanone says:

      Also note, many of the people leaving comments in support of the airline action follow or precede that comment with a racist quip or remark but….

  22. Dram Buoy says:

    Pants half off showing your shorts is a statement saying “ll put my ass in your face and you won’t do nothing about it” Good call pilot, Anyone showing their ass needs to get put to the ground…preferably under it

  23. jdontom says:

    Just heard on CNN that his brother is a cadet at West Point where he iplays football. One brother gets it and the other dosen.t……….

  24. Just do it and shut up. says:

    Right or wrong, sometimes you have to play by the rules, even if you don’t like it.

  25. Sigmund says:

    When on an airplane, the crew is the law. If you are an American visiting a Foreign country, the American Military is the Law. You do what you are told, if you don’t like it, MOVE OUT OF AMERICA.

  26. Walt Landers says:

    Hey, next, overalls and sunburned necks will be refused service. Then women with their faces covered, then anyone wearing a bow tie, or a competitors uniform, .. why does anyone care what another person is wearing??? When airlines are given dictator powers, they sure know how to use this power…wisely?

  27. Kay says:

    Back in the day, people dressed up to fly. Now some people have no respect in public for themselves or others anymore.

    Can you imagine what a woman looks like wearing pants like this?

    And, by the way, shouldn’t a 20-year-old male be considered an American, not African-American? He’s at least four generations into being an American , and there’s certainly no African in him. In fact, an African wouldn’t dress like this anyway, only an American would.

    1. DJ says:

      Actually Kay, I would like to see women wearing pants like that.

  28. that asian guy says:

    What I want to know is, were there any complains by any of the passengers prior to the issue with the attendant? “Safety and comfort” of all passengers is a serious matter, but they should of kept it simple, he’s obviously an American and not a terrorist. What’s going to happen w/ them hot chicks in Daisy dukes. Are they next? In my opinion, they should of viewed it as a harmless wardrobe malfunction situation and resolved the matter more subtly. Not only could they have handled it more professionally but more intelligently as well. 2 wrongs don’t make a right. Profiling is a routine, it’s always there and forever will be. A kindly reminder or a warning would of been sufficient in this case and not exiled in handcuffs. If everyone has a little something to complain about, we will all never get to take off.

  29. Horace says:

    The obvious question, “Where is the pictures and video, of him with the saggy pants”? This only shows the end of the issue.

  30. Jack says:

    For the moron who said that this is part of the hiphop culture, I’d remind them that murder is also part of the hiphop culture. Does that make murder OK with you? This young person – among many others in “the hiphop culture” have bad behavior that is unacceptable to civilized society. Dress how you want in your house and your clubs. When you come into general society, you must follow some rules of civilized behavior. If not, you get what you get. And, as one person on here said, don’t drop the soap.

  31. lorenzo barnett says:

    He is a rude , person, black or white, no difference. No respect for others or himself. He can,t even speak using proper English. Poor example for others . This stuborn and semi litterate miscreant got what the rest of his group deserve. I have no use for people with chips on their shoulders then call foul!!!

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