No Charges Filed In Alleged US Airways Racial Profiling Case, But Lawsuit Is To Come

July 14, 2011  |  

by KaShawn Archer

Charges will not be filed against the University of New Mexico football player who was arrested after wearing saggy pants on a plane in San Francisco airport.

After reviewing the June 15th arrest, prosecution has determined that criminal charges aren’t warranted. The incident began when Deshon 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. Marman’s attorney O’Sullivan has denied that claim and Wagstaffe said Wednesday his investigation found no evidence that a body part was exposed.

Deshon Marman was arrested on battery of a police officer, suspicion of trespassing, and obstruction after police say he refused to leave the US Airways flight on captain’s orders. The confrontation ignited allegations of racial profiling when photos surfaced of another US airways passenger wearing revealing woman’s panties and thigh-high stockings days before Marmans’ arrest. The individual in the photos is a middle aged white man. Marman is African-American.

“I’ve been trying to search myself and search whatever information that was given through the media to find out what Deshon had did wrong,” Marman’s mother, Donna Doyle, said in a phone interview with the Associated Press on Wednesday. “And for the life of me, I couldn’t find anything.”

Liz Landau, a US Airways spokeswoman, said the airline stands by its employees’ claims that Marman’s body part was exposed. US Airways is hopeful that the district attorney’s decision will allow Marman and his family to “move past this incident,” she said. The airline has previously said Marman was thrown off the plane not because of his clothing, but because he refused an employee’s request.

Marman should have left the plane at the request of the police officers and sheriff’s deputy, Wagstaffe said, but his refusal most likely reflected his mental state. Marman had attended a friend’s funeral the previous day.

O’Sullivan stated Marman plans to file a lawsuit against US Airways alleging he was a victim of racial profiling.



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