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Saggy Pants Arrest: No Charges for UNM Football Player

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By Stephanie Rabiner, Esq. on July 19, 2011 9:42 AM

The San Mateo County District Attorney's Office has announced that it will not be charging Deshon Marman, despite being hauled in last month after a so-called saggy pants arrest.

Accused of trespassing, battery of a police officer, and obstructing officers, the University of Mexico football player was arrested at San Francisco International Airport after he repeatedly refused a US Airways' flight attendant's request to pull up his pants, which were being worn in the ubiquitous underwear-baring style.

Though initial public reaction was rightfully one of confusion, it soon turned to outrage when news surfaced that a white man wearing women's lingerie had been allowed on a US Airways flight just days earlier, reports the Associated Press.

As Deshon Marman is African-American, the incident sparked accusations of discrimination by both the airline and arresting officers.

A protest to this effect occurred last week, with attendees calling for the charges to be dropped. Prosecutors told the crowd that they were currently considering their options.

Obviously the saggy pants arrest didn't turn into a saggy pants charge. This is because, while an officer may arrest a person, he cannot charge a person.

Whether or not to charge a suspect is up to the discretion of local prosecutors, who are free to decline to file charges when there is little evidence, a lack of seriousness, or simply no resources.

Of course, they can also simply not file charges when doing so would be contrary to public opinion, such as with Deshon Marman's saggy pants arrest.

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