B.J. Averell is now a free man. Two months after being arrested for sneaking onto a Delta Airlines flight, Delta and state prosecutors Wednesday agreed to drop all charges against him.

Last November 24, the Dunster House sophomore tried to board a Delta Express flight destined for Philadelphia. Though Averell had a ticket for the flight, airline officials told him that he had arrived at the Logan Airport gate too late and his seat had been given away to another passenger.

Averell whizzed past flight attendants, hopped over a metal security railing and boarded the plane anyway. He hid in the bathroom and was quickly discovered by flight attendants. Airport police arrested Averell for trespassing and disorderly conduct.

The story appeared on newspapers around the country and even merited a mention on NBC Nightly News.

Ralph S. Boyd, Averell's attorney, said that the decision to dismiss the case was jointly reached by Delta, the Suffolk County Distract Attorney's office and the Averell family.

"Everyone feels that this is not a young man that by any measure deserves have a criminal record," Boyd said.

The District Attorney's office declined immediate comment on the case.

Averell's case technically will not be dismissed until a year from last Wednesday. However, Boyd said the standing charges would only be relevant if Averell was charged with another crime over the next year.