Noble, a 300 pound black man who lived in downtown Ukiah, was not someone the police would not have noticed. They knew him. Three officers entered the busy fast-food restaurant where Marvin was having lunch that afternoon; two officers approached him while the third waited at the door with his police dog. Marvin, who was known to fear police, reportedly drew a knife and the police drew their guns. The terrified restaurant customers were ordered outside. Marvin also left the restaurant, and the cops pepper-sprayed him outside.
Mentally ill people are counseled to go home when they feel a situation is out of control. Noble started walking the short distance to his apartment, followed by a group of officers. When he entered his apartment stairwell, the officers continued to follow him. The police dog was ordered to attack; Marvin lashed out with his knife, wounding the animal. A few seconds later the dog's handler, at the order of the commanding officer, shot and mortally wounded Noble.
They loaded the dog into a waiting ambulance and called for a second ambulance for Marvin. In approximately 10 minutes he was at the hospital, and died a short time later. The dog was back at the Ukiah PD the following day, his superficial wounds bandaged.
DA Susan Massini found that the shooting was justified and there was no police misconduct. Many people in the community, including eyewitnesses, don't agree. The impression is that mental health personnel inappropriately sent the police to contact Marvin. The police incited a confrontation which resulted in weapons being drawn; they assaulted the man with pepper spray, hounded him while he walked down the street, attacked him with a dog at his home and, when he lashed out at the dog, they killed him.
There are efforts underway to bring the facts to light, hold responsible parties accountable, and take appropriate measures to ensure that an incident like this doesn't happen again. People have appeared at several City Council meetings to request an independent investigation. One group is meeting with Ukiah city and police officials to review and revise policies and procedures. Another group is conducting an independent investigation. Many have requested reports and other documents that DA Massini used to make her deter-mination, but she has declined to provide them. Should the family bring a wrongful death law suit, those documents will be available in discovery.
In the wake of the killing, Department of Mental Health Director Bob Wolf has resigned, citing previous retirement plans. The extent of other significant changes remains to be seen.
What you can do
There is a renewed effort to form a Human Rights Commission for Mendocino County. Community members are assisting in developing sensitivity training and training in how to handle mentally ill citizens. Interested persons can obtain more information about these efforts from the MEC. If change is to occur, it will require that the community at large insist on just and compassionate treatment by county agencies and law enforcement of all people. Please add your voice to that effort.
Copyright Mendocino Environmental Center 1998
Permission granted to excerpt or use this article if source is cited