Case dismissed for martial arts business owner accused of impersonating police

All charges against a Roseville business owner who was accused of battery and falsely impersonating a police officer were dismissed Thursday.The charges stemmed from 2009 when Dave Marinoble, owner of Marinoble's Martial Arts Center in Roseville, performed a citizen's arrest of an employee he suspected of stealing money. Marinoble and another instructor, Justin T. Ewen, entered a Taco Bell on Foothills Boulevard on Dec. 17, 2009 and confronted Riley Lockett, who was captured on surveillance video stealing money from the office of the martial arts gym. A criminal complaint filed by the Placer County District Attorney's Office alleged that the two men falsely represented themselves as law enforcement officers when they placed Lockett under citizen's arrest and detained him. The complaint also alleged that Marinoble and Ewen committed battery by unlawfully using force and violence on Lockett. Witnesses told Roseville police officers that Marinoble approached Lockett, who was 17 years old at the time, from behind and placed him in a chokehold before taking him down and restraining him with handcuffs, according to previous reports. After a five-day jury trial that concluded last month, Marinoble was found to be not guilty on counts of kidnapping and false impersonation of a police officer. The charge of battery against Marinoble, however, resulted in a hung jury, which continued the case. Ewen was found to be not guilty on all counts during the trial. Prosecutor Tracy Lunardi submitted to the Placer County court Thursday that if the case were to go to another jury trial, it would likely return with another hung jury.After that, the case was dismissed."I activated my rights when a felony was committed against me," Marinoble said Thursday. "I did, apparently, act within my rights in accordance with the law and it took almost two years for the courts to figure that out."Marinoble said his business was adversely affected as a result of the charges and he has been trying to rebuild it over the last year and a half. "The citizen's arrest that I performed was upheld," he said. Marinoble said Lockett stole thousands of dollars over about a one year period and Lockett has since paid him back in restitution.Toby Lewis can be reached at tobyl@goldcountrymedia.com. Follow him on Twitter @TobyLewis_RsvPT.