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Charges filed in Taco Bell citizen's arrest
Eric Laughlin, The Press Tribune
Megan Wood
Dave Marinoble

The owner of a Roseville martial arts center has been charged with misdemeanor battery and false impersonation of a police officer stemming from his December 2009 citizen’s arrest of an employee he suspected to be stealing money.

Dave G. Marinoble, 41, is set to be arraigned April 6. Another instructor, Justin T. Ewen, 28, faces the same charges and will also be arraigned April 6.

According to a criminal complaint filed by the Placer County District Attorney’s Office, the two men falsely represented themselves as law enforcement officers when they arrested and detained 18-year-old Riley Lockett, who Marinoble said he caught on surveillance video stealing money from his office.

The complaint also alleges that Marinoble and Ewen committed battery by unlawfully using force and violence on Lockett.

Witnesses told Roseville police officers that Marinoble approached Lockett from behind while he was dining at the Foothills Boulevard Taco Bell on Dec. 17, and placed him in a chokehold before taking him down and restraining him with handcuffs.

Four witnesses also said Marinoble identified himself as a police officer when patrons demanded that someone call 911, according to Roseville police spokeswoman Dee Dee Gunther.

Another purported witness who e-mailed the Press Tribune said that Lockett’s face had turned purple in the chokehold and that Marinoble also threatened to kill the teen.

Marinoble was contacted at his Cirby Way business Friday but did not wish to comment on the charges. He has maintained that he used reasonable means to detain Lockett, who he said is a second-degree blackbelt and a “trained killer.”

“It wasn’t like he was just some average guy who I could handcuff and tell him he was under arrest,” Marinoble said days after the incident.

Prosecutor Tracy Lunardi evaluated the case and made the determination. She said her decision was made based on law enforcement reports and witness statements.

Eric Laughlin can be reached at ericl@goldcountrymedia.com.

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12 comments on this item

David, if you are setting up a Defense Fund let me know where I can donate. You have done more for the kids and adults in this community, than one could ever ask for. This punk stole from you and you treated him like your own son. I want to make sure the DA is also prosecuting him for the embezzlement, which is a FELONY. Let us concerned citizens, who appreciate what you did, know how we can help you out.

Please Press Tribune, let us know the status of the prosecution of the accused Lockett.

@equality4all,

LOL! I imagine you'll end up behind bars at some point with your foaming at the mouth thirst for vigilante justice. This kid wasn't accused of killing anyone, or any other violent crime. He was accused of stealing money.

So let me give you a tip so you don't end up in the same boat as Mr. Marinoble, which is in a lot of trouble. Here's what Mr. Marinoble should have done:

The kid was sitting down inside a Taco Bell eating. He wasn't about to leave or flee. Marinoble should have gotten on his cell phone, called 9-1-1 and said he's spotted a criminal who robbed him inside the restaurant. I can guarantee you the Roseville cops, who have absolutely nothing better to do than give citizens tickets for 5 mph over the limit violations, would have raced to the scene like the cavalry in three minutes because it would have been something fun and exciting for them to do. Also, if this kid is as dangerous as he makes him out to be, Marinoble places a lot of innocent bystanders in danger. Who knows if he could have had a gun? Who knows if he would have tried to violently get away and hurt someone. The DA is absolutely making the right call. You're just ridiculous.

A "trained killer"? Please...

I hope all three of these idiots go down for their irresponsible actions. David Marinobles temporary lapse in judgment without acknowledgement of his mistake negates all that he has done for our community. Not once has he fessed up that it was an irresponsible move to place the public in harms way over such a personal problem. How many small children and families had to witness this poor exemplification of adult behavior in a restaurant?

I hope Dave Marinoble and his crew get hit with everything in the book for their stupidity. I also hope that his business experiences what it deserves due to these circumstances. I'm glad I know now where not to look when I sign my child up for Martial Arts next year! I would never sign my child up to become a "trained killer". I though Martial Arts is about discipline, respect, and self esteem. Why would a Martial arts instructor train someone to be a killer, and most importantly use that specific verbiage in his statement?? Proof that the man is an idiot.

David Marinoble arrested! It's about time. He had an anger problem! I signed up for his kickboxing class and he was all talk about himself and about his MONEY. He had no right to chokehold a 17 year old. If he taught self defense, such as Bok Fu and Jiu Jitsu he should have used those technics rather than using street fighting! I knew he was all talk about the black belts and 3 three belts. It's all show. He should go to jail he is a bad influence, Justin was his old student and look at what his old student has learned from him. And Justin is 28years old! Disgusting! Absurd!

equality4all: That had better be a hefty defense fund you set up for him cuz he'll need it to defend himself after making such a boneheaded & highly criminal decision.

Testosterone at its best.

At least he'll be able to adequately defend himself in jail.

This is ironic to say the least. Here is someone, who like most karate practictioners, purport to be experts in self-defense. The irony of course is that you cannot be an expert in self-defense when you don't know the LAW. And obviously neither does equality4all. Embezzlement is a "wobbler" meaning it can be charged as a misdemeanor or a felony. You can make a citizens arrest on wobblers but in this case Mr. Marinoble knew it was only 145.00 (or something like that). The felony charge is reserved for cases involving dollar amounts the exceed 400.00. The video of the victim, yes I said victim, was watched four hours after the actual event took place. You cannot make a citizen's arrest for a misdemeanor when it did not occur in your presence. Not even a police officer can make a citizen's arrest if the crime was not committed in their presence. There are a few exceptions to the "in your presence" requirement but none of them would apply to this case. Furthermore, you cannot create your own exigency (exigency is something that requires immediate attention; ie. destruction of evidence, fleeing suspect, preventing harm, etc.). The fact that the victim was spending Mr. Marinobles stolen money on a cheesy gordito crunch hardly falls under the category of "exigency." The victim should be prosecuted for Misd Embezzlement and Marinoble should be prosecuted for his crimes as well. And he should learn the law if he is going to claim he teaches people self-defense.

I guess before choosing a martial arts school that claims to be a school of self defense, you should really do your research as to whether or not they are educated in the proper etiquette to back up this claim!! If this instructor can make this mistake, what are the consequences of those who put the trust in there instructor to be knowledgeable to teach them the proper use of force, specifically after teaching students techniques that will make them dangerous enough that they would could be called "TRAIN TO KILL"!!!

Go to www.news10.net/news/local/story.aspx?storyid=72060 and watch the video. My Lockett was caught red-handed, but the thefts took place over time and for almost $4,000. The police could have done a better job of handling this, but the punk is NOT the victim here. Mr. Marinoble runs a very reputable school. We've been there for many years. Mr. Marinoble teaches his students that when faced with a confrontation to put their hands up and state, "Hey, I don't want any trouble" then instructs them to always walk away if they can. We have only heard him promote the martial arts for self-defense. His lack of judgment by not letting the police arrest Mr. Lockett surprised us, but as you can see in the video, Mr. Lockett absolutely was not hurt. Both Mr. Marinoble and Mr. Lockett dispute that any impersonating of a police officer occured. BTW, if you enter a building for the sole purpose of stealing from it, isn't that burglary as opposed to embezzlement? Since Mr. Lockett wasn't there for work but just came in to steal, I think that makes it burglary. As far as Mr. Marinoble's statement that Mr. Lockett was a "trained killer" - again, poor choice of words by Mr. Marinoble. ANY highly competent martial artist is, in fact, a trained killer should they decide to go bad, and I believe that's what Mr. Marinoble meant by that statement. Let's let a jury decide - they will have all the facts. Poor judgment maybe, but we'd still put in for his defense fund

Both of them are suspects and both are victims. I am sure Mr. Marinoble is typically an upstanding citizen as most martial artist are. The problem with the burglary charge is that you have to prove "intent." The suspect, who worked and trained there perhaps entered with the intent to ask for an advance on his next paycheck. After realizing Mr. Marinoble was not there it was then that he decided to steal the money. If the intent to steal happens after he has already passed through the door then you do not have a burglary and that is hard to prove in a case where the person works/trains somewhere which is why we have the embezzlement charge in the first place. As for the 4,000.00, none of that was caught on tape and it is therefore circumstantial. Anyone could have taken that money. If Mr. Marinoble wanted to get a felony he should have had officers do a sting and make sure the dollar amount was there. Wiothout proper cause any detainment or any false arrest is a violation of your rights. Once again, I am sure he is a good guy but "self defense" is not just punching and kicking. You need a formal education to properly train and advise people on how to defend themselves. Just because you have a black belt does not make you an expert in self defense as this case clearly demonstrates.

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