SAN FRANCISCO — Prosecutors said Wednesday they will not file charges against a University of New Mexico football player who was arrested after wearing saggy pants on a plane at San Francisco airport.
The San Mateo County District Attorney's Office reviewed the June 15 arrest of DeShon Marman and determined criminal charges were not warranted, District Attorney Steve Wagstaffe said.
"My belief is if we took this into a courtroom with 12 members of our community on our jury, they would tell me, 'Come on guys, you have more important things to spend your time on,'" Wagstaffe said. "And I share that view."
Marman was arrested on suspicion of trespassing, battery of a police officer and obstruction after police say he refused to leave the US Airways flight on the captain's orders. He also injured an officer while being taken into custody, according to police.
Wagstaffe said the officer suffered a minor scratch and twisted knee but no significant injuries. Marman should have deplaned at the request of police officers and a sheriff's deputy, but his refusal probably reflected his mental state, Wagstaffe said.
Marman had attended a friend's funeral the previous day.
Marman's attorney, Joseph O'Sullivan, said Wednesday he and his client were "delighted" by the prosecutor's decision.
"I think the (district attorney) realized the real villain in this case was US Airways, not DeShon Marman," O'Sullivan said. He added Marman would not be available to comment.
The incident began when Marman was asked repeatedly to pull up his pants but did not listen, according to airline officials. They have said he was exposing a body part.
O' Sullivan has denied that, and Wagstaffe said Wednesday his investigation found no evidence that a body part was exposed.
"I think it was more pants hanging very low," he said. "Some people find it offensive when all you have is a pair of boxers between you and your privates."
Liz Landau, a US Airways spokeswoman, said the airline stands by its employees' claims that Marman's body part was exposed.
The airline is hopeful that the district attorney's decision will allow Marman and his family to "move past this incident," she said.
"As the (district attorney) noted, Mr. Marman could have resolved the situation quickly at the time of the incident had he chosen to do so," she said.
The airline has said Marman was thrown off not because of his clothing, but because he refused an employee's request.
Marman, who is African American, plans to file a lawsuit against US Airways alleging he was the victim of racial profiling, O'Sullivan said.