SAN FRANCISCO (CBS SF) – The San Mateo County District Attorney’s Office has decided not to file charges against a man who was taken off an airplane at San Francisco International Airport last month after he refused to comply with crew members’ orders to pull up his sagging pants.

Deshon Marman, 20, was arrested June 15 on suspicion of battery on a police officer, trespassing and resisting arrest after he allegedly ignored requests by U.S. Airways staff to pull up his pants to cover his underwear, both before he boarded and while on the plane, according to San Francisco police.

Marman then allegedly refused to leave the plane after the captain ordered all passengers off the aircraft. He was escorted off the plane by police and allegedly resisted officers when they tried to handcuff him, according to police.

San Mateo County District Attorney Steve Wagstaffe said his office reviewed investigative reports from the sheriff’s office and the San Francisco Police Department’s airport bureau and decided not to charge Marman.

KCBS’ Matt Bigler Reports:

“We do not believe that criminal charges are warranted in light of all of the circumstances surrounding the incident,” Wagstaffe said.

He said, however, that he believes the responding officers acted appropriately and that Marman could have prevented the situation from escalating.

The entire incident lasted about an hour, Wagstaffe said.

The decision comes after a rally was in San Francisco held in support of Marman Tuesday.  US Airways has been criticized for its handling of the incident, especially after it was discovered the airline apparently had no issue with a cross-dressing white man who was allowed to travel while wearing women’s underwear.

(Copyright 2011 by CBSSan Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (11)
  1. adam says:

    Would be another protest and riot if they pursued the case. Why waste all that time and effort and not follow it through.

    He is guilty of all the charges!

    1. lawless says:

      The San Mateo DA needs to grow a set of Ba**s and press charges, the thug resisted arrest, and as they said in the statement, the officers responded appropriately. I now just wish the DA would do likewise. All that this is going to do is send the message to the thugs they can be tough resist arrest and get away with it. You lose many rights when fly, and needs to follow orders, if you don’t like that, then take the bus.

  2. Alice says:

    Great, so the kids gets to be disrespectful and refuse a simple request and because some people cry foul that it’s racial profiling he get’s away with it.

    So this teaches kids what exactly? You can commit a crime and claim you were only caught because of your race?

  3. k says:

    The kids do it because it makes them look tough, a “bad boy” and that’s what girls want,”bad boys” if you cheap tramps quit s…. their d… maybe they will stop.

  4. Adrian Smith says:

    And yet nobody complains when a woman boards an airplane with her thong showing or her boobs half hanging out. In fact many of us cheer and try and get a closer look. None of the aircrew bother much with that. It’s grand hypocrisy on an epic scale.

  5. spellItOut says:

    @Alice – it teaches kids that it’s ok to be white and a cross-dresser aboard a plane but that it’s not ok to be non-white and without a belt or suspenders.

    Clear enough for you now?

    1. lawless says:

      No, white cross dressers follow orders and don’t resist arrest. You are missing the point, he didn’t follow directions of uniformed flight crew. Regardless of whether those direction were right or wrong, he resissted arrest and trespassed after all passengers were order off, both of which are crimes, not that he wore saggy pants.

      is this explanation clear enough for you? Or are you to busy resisting authority being a tough guy to get it.

  6. ClueBot says:

    Lawless – change that name to Pointless.

    The bias of certain US Airways employees escalated the incident. That is what is at issue here, not the end result that you’re trying to hide behind as justification. Last I checked, discrimination is also illegal yet you fail to mention that this also occurred here.

    The law applies to everyone. I’m not going to ask if this explanation is clear enough for you because if it’s not, you should move to another country. You know, being that you’re “lawless” and all.

    We’ll wait while you next accuse someone of playing the race card. Easy.

    1. Pointless says:

      Move to another country? What you don’t think I am entitled to my opinion because it is different than yours. You must be liberal.

      You can’t prove discrimination, was there a white person in the same situation, including same flight crews who was treated differently? I think not, you can’t prove discrimination it didn’t happen. US Airways has several flight crews, this one just happened to stand up to something offensive to them. If you have ever had sexual harassment training, the flight crew was well within there legal rights.

      You can’t compare apples to oranges by taking different situation and then claiming they discriminate. I suggest you study the law before you make false allegations of discrimination, you know as well as I do, you would have an extremely tough time making that claim hold up in court. Hence why the DA has never even considered pressing charges.

      I am sick and tired of the race card being abused, it was not because he was black, it was because he acted like a punk thug. I have seen plenty of white boys are punk thugs, and they deserve the same, the only reason this got media attention because he is black, we never hear about the white thugs who go to jail and get charged.

      So according to your definition of discrimination, not charging him is discrimination to the white that gets charged.

  7. Been there seen that says:

    There are limits of decency with plunging neck lines and there are limits with sagging pants. There are limits of what is acceptable to respectable society in a public place or business. It should apply to everyone of any color, sex or sexual orientation. I bet the DA saw this as a case they couldn’t win because of the inconsistency of the airlines handling of the two cases. The airline needs to review their policy and how their people implement it. He got off for something he shouldn’t have, but don’t worry. I’m sure with his attitude he’ll do himself in, in the near future. If he has half a brain, he’ll learn that he can’t just do whatever he pleases. If he doesn’t have a half a brain he’ll end up like the rest of the “crew”.

  8. Scout Mandilk says:

    How brilliant that our justice system refuse to go after some loser for indecency. Yet our airports routinely molest children, elderly, and Americans.

    Just fine.

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