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Charges Dismissed Against Thanksgiving Stowaway Averell

"[The delay] is just a device that the court uses to make sure that someone who is charged who they are intending to dismiss the action does not get into any other trouble," Boyd said.

Averell said he was not surprised by the outcome of the incident.

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"Because of the way Delta acted, we were not surprised that they didn't show up," Averell said.

Averell said he still stands by his original story--he claims that he arrived at the gate in time to board.

"[Averell] was there in time," Boyd said. "He should've been given a seat."

"They were in the wrong," Averell added.

Still, Boyd said this does not excuse Averell's actions.

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