Marinoble in hot water over 'citizens arrest'

**Valiss** · Posted On: 3/10/2010 1:31pm

Dave Marinoble is a MMA and kickboxing trainer in the northern California MMA scene. The ex-kickboxing champ has run a gym for a number of years and has worked with other NorCal fighters such as Uriah Faber as well as produced a few "noteable" fighters from his own gym, such as Bo Cantrell. However, it looks like he and one of his instructors is in hot water now for some 'citizens arrest' he made against a former student late last year.

Charges filed in Taco Bell citizen's arrest

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.

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I find the implications of this shocking. I met the guy a couple of years ago while working with some of his students and he seems like a friendly, down-to-earth guy. If this story is accurate, it says a whole lot about him and his mentality, in my opinion. I certainly would think twice before training there or taking my kids to train there as a result of this incident.

**ttankzero** · Posted On: 3/10/2010 1:45pm

Why would you ever physically apprehend someone when you can just call the cops and present the evidence to let them take care of it. I mean, if the accused was a student of his, he should have a home address and full name, which is really all you need.

Talk about a lapse of judgement...

**chalkieusa** · Posted On: 3/10/2010 2:52pm

Originally Posted by ttankzero

Why would you ever physically apprehend someone when you can just call the cops and present the evidence to let them take care of it. I mean, if the accused was a student of his, he should have a home address and full name, which is really all you need.

Talk about a lapse of judgement...

Just trying to be the MAN!!!!

Problems with ego with get you every time.

Should have left this one to the police. A citizen's arrest should only be done in times of an extreme emergency, and by someone who is trained in the process. He should lose this lawsuit easily.

**Valiss** · Posted On: 3/10/2010 3:29pm

I guess I'm not even clear as to what a citizen's arrest really is or isn't. I've never seen or read about anyone performing one. I assume it's a legit thing, but the only place I have seen it is on TV.

But like you pointed out, if you saw the guy in Taco Bell, couldn't (or shouldn't) he have just pull out his cell and called the cops to report the guy? I'm just shocked that someone like him would do something like this. With one of his students, no less.

**Strifes** · Posted On: 3/10/2010 3:31pm

When keeping it real goes bad.

**P Marsh** · Posted On: 3/10/2010 4:56pm

Originally Posted by Valiss

I guess I'm not even clear as to what a citizen's arrest really is or isn't. I've never seen or read about anyone performing one. I assume it's a legit thing, but the only place I have seen it is on TV.

But like you pointed out, if you saw the guy in Taco Bell, couldn't (or shouldn't) he have just pull out his cell and called the cops to report the guy? I'm just shocked that someone like him would do something like this. With one of his students, no less.

Citizens Arrest basically boils down to if the cops can't arrive in time to prevent a crime or apprehend a criminal, a citizen can preform an arrest within the confines of the law. Simply your allowed to restrict and detain someone until the police arrive.

Obviously this would be very hard for someone without police/combat training to do without a gun. It could also backfire easily if you just got excited or were mistaken so that why you don't here about it a lot.

*edited for grammar crimes

**Iainkelt** · Posted On: 3/10/2010 5:04pm

Just a general FYI, a citizen's arrest is almost always a very poor idea unless there is truly no other option and the matter is serious enough to risk your own liberty if things go bad.

The laws on this issue vary from state to state but keep in mind that as a citizen you enjoy NONE of the legal protections that the police do from either a civil or criminal viewpoint. In other words, you can easily find yourself as the one being arrested, and/or sued for battery/kidnapping/unlawful restraint etc.

This story is an excellent example of how easily you can get yourself in trouble. Even if the reported facts of the case aren't accurate, Mr. Marinoble now finds himself in a whole lot of trouble and will be out a bunch of cash after having to fight this in court. Just a really poor idea all the way around.

**Valiss** · Posted On: 3/10/2010 5:31pm

Originally Posted by Iainkelt

This story is an excellent example of how easily you can get yourself in trouble. Even if the reported facts of the case aren't accurate, Mr. Marinoble now finds himself in a whole lot of trouble and will be out a bunch of cash after having to fight this in court. Just a really poor idea all the way around.

Thanks for the info.

And even if he is found innocent, or what have you, this will probably reflect poorly on his school. I wonder if this will discourage pro's from training there or if all of this will blow over.

**Ka-Bar** · Posted On: 3/10/2010 9:03pm

What a maroon. I've trained with Dave on a few occasions and he was a really nice guy and a good instructor. I'm very surprised by this. First of all, why the hell did he have handcuffs?

I know he lost a lot of students once Urijah's gym and the Scott Smith/James Irvin gym opened, but he still had as many or more than he had before the MMA craze started. I think losing a lot of his top guys might have thrown him for a loop, like he was the guy who taught Urijah and Scott and James, and maybe felt like they owed him something. For a long, long time, Marinoble's was the only game in town. If you were a fighter in the late 90's or early 2000's, you went to Dave for your standup game, and to the one BJJ school in town for submissions. Dave was a big fish in a small pond, now he's a medium fish in a medium pond.

Maybe felt this kid taking money from him was another betrayal by a student he invested time and effort into. Doesn't excuse anything, just might explain the mental state Dave was in.

**jkdbuck76** · Posted On: 3/10/2010 9:12pm

Can't believe he impersonated a police officer and put the kid into a choke (allegedly). I thought it was common knowledge that cops are no longer allowed to use chokes on people when arresting them.