On Friday, a request was made by Denver prosecutors to a judge, seeking the dismissal of a case implicating actor and comedian Marlon Wayans in a disagreement revolving around airline luggage. Wayans alleged that he had been singled out due to his race during the incident in question.
This plea from the city attorney’s office arrived on the heels of Wayans’ demand for dismissal the previous day. Wayans, who is African American, also made allegations that the prosecutors were furthering the discrimination faced by him by keeping the case alive. Enlightenment provided by Wayans’ attorneys about white passengers being allowed to transgress the luggage limit imposed by United Airlines seemed to have a significant influence in prompting Assistant City Attorney, Katie Conner to seek dismissal, although she stopped short of confirming it.
A request for case dismissal has been granted by the judge, according to David M. Beller, one of Wayans’ attorneys. He voiced his approval for the city’s decision, remarking, “Our community does not need one more innocent Black man wrongfully accused and wrongfully convicted.” He went on to encourage individuals to remain cognizant of their potential bias, explicit as well as implicit.
There has been no email response from a representative for the city attorney’s office.
Accusations claiming Wayans had breached peace, a city violation, were presented in June, according to the police.
Wayans was denied boarding a flight to Kansas City with three bags by a United Airlines gate agent, as shown in his motion to have the case dismissed. The gate agent attempted to physically obstruct Wayans from embarking the flight even after he adapted to abide by the airline policy by merging his baggage into two. Regardless, Wayans boarded but was later requested to debark prior to the plane taking off.
Allegedly, the gate agent allowed white passengers carrying three bags to board while Wayans was readjusting his baggage. Still photos taken from surveillance footage showcasing these passengers, all white, were submitted with the court filing. Around 140 passengers boarded the plane, many among them carrying three or oversized bags in violation of the airline policy.
The gate agent reportedly claimed to officers in statements captured on body cameras that Wayans had “shoved,” “pushed,” or “elbowed” him during the boarding. This claim is dismissed as falsified by Wayans’ attorneys, who argue that Wayans may have merely brushed past the agent during boarding.
Despite the investigators’ doubts about any crime being committed, charges were sought at the insistence of the gate agent.
After examining the material presented by Wayans’ attorneys and discussing the case with the gate agent, Conner conveyed, “As a result of information gathered during that interview, it is the undersigned city attorney’s determination that, while probable cause existed at the time of the issuance of the complaint against Mr. Wayans, it is not in the interests of justice to proceed in this case.” Conner had herself utilized the phrase “brushed past” in her dismissal motion to describe the Wayans’ encounter with the gate agent.
