Bucks DA: Fatal police shooting was justified
Mentally ill Quakertown man was handcuffed but resisted police, kicking and hurting two officers, David Heckler said.
Bucks DA: Fatal police shooting was justified
The fatal shooting of a handcuffed, mentally ill Quakertown man by a Perkasie Borough police officer last month was justified, Bucks County District Attorney David Heckler said Monday.
But police made several mistakes in trying to arrest Michael Marino, 26, the ranting, resistant suspect who was high on synthetic drugs during the June 9 confrontation in Sellersville, Heckler said.
“The police did not create situation – he did,” Heckler said about Marino. “When confronted by police, as was inevitable given his conduct and had occurred before in his life, he chose to do battle even after he had been restrained, instead of submitting to lawful authority.”
Still, the three responding officers should have given the agitated Marino more than five minutes to calm down, and should have taken the 5-foot-6, 160-pound man to a safer spot to subdue him, Heckler said. In addition, the senior officer should not have walked away from the scene at such a critical time.
Marino’s family, in a statement issued by their lawyer, said it was not their place to second-guess Heckler’s decision not to file criminal charges against the officers.
“However, the undisputed fact remains that an unarmed young man, in the throes of mental illness, was shot with his hands cuffed behind his back, with three police officers on the scene,” the family said. “We intend to continue pursuit of all remedies the law provides, with the goal of securing justice for the death of our son, and reforming the procedures of the Perkasie police to prevent such senseless tragedies in the future.”
Marino was shot once in the chest after kicking two officers, incapacitating one and dazing the other, according to a 10-page report of the investigation by county detectives.
Officer Seth Mumbauer, reeling from kicks to his head and groin and fearing Marino would grab his service revolver, shot the 5-foot-6, 160-pound man at close range, according to the report.
Based on Heckler’s statement at a news conference in his Doylestown office and the investigation report:
Marino had a history of mental illness. He lived with his sister, Amber Simione, who was away that weekend. She had told a neighbor that “Mike has not been taking his medication” and that the neighbor should call police if he saw “Mike acting strange.”
About 4 p.m. that day, police responded to calls that Marino was blocking traffic, cursing and threatening people near a convenience store at Clymer and East Park avenues. It was a hot, dry day, with the temperature the mid-80s, yet Marino was wearing long underwear, camouflage shorts and a yellow plastic rain poncho.
Sgt. James Rothrock, who is trained in crisis intervention techniques, and Officer Steven Graff found Marino outside the vacant EPC Sign building he had broken into earlier that day. Mumbauer soon joined them, while a motorcyclist watched nearby.
Marino was agitated, telling the officers, “I feel like I’m God. No, I know that I’m God.” When they told him he had to go Grandview Hospital, he responded, “No, I’m not going and I'm not afraid of you guys.”
After Marino was handcuffed behind his back, he briefly calmed down, and Rothrock walked away, toward the motorcyclist.
“As [the motorcyclist] said, ‘everything was going along calm and normal – until it wasn’t,” Heckler said.
As Graff patted down Marino, he dropped to the ground, knocking the officer down an embankment. Then he kicked Mumbauer down a hill.
“I knew he was within a few feet of me and could easily jump for me and try to get my gun,” Mumbauer said. “I knew he had gotten the upper hand and was still able to fight. I feared for our safety.”
Mumbauer fired a single shot, and Marino died at the scene.
The next day, police found a crude attempt at a bomb that Marino had left nearby.
The autopsy found traces of sythetic amphetamine, pot and other stimulants. It also found plastic pellets that Marino had found beneath a rail car.
To prosecute Mumbauer for shooting Marino would make him a “scapegoat” for the system that failed to protect “the public from this drug-abusing, mentally ill and violent subject,” Heckler said.
“However, it is impossible to view the outcome of this interaction as acceptable.”
Here we go. Family totally relieved of their horrendous "problem." Now looking for all remedies to secure "justice." Translated, let's see how much we can sue for! Absolutely disgusting and shame on them.— thepaguy- I don't understand how he could reach for a gun while his hands were cuffed BEHIND his back? Is that officer serious?— dbb3
- This was a stone cold murder. It is a travesty of justice that this DA is allowing these murderers to walk without penalty. Heckler should be removed from office at th enext possible moment. And to deflect blame for this murder to the mental health industry just adds injury to insult. This young man was murdered by these cops.— kelprod2
- If the mentally ill man had his hands cuffed behind his back, this is at least manslaughter by the cop. I bet these cops carry those Glocks that have no safeties, the cop drew his gun, and accidentally pulled the trigger. That's involuntary manslaughter.— kingnutter
- Totally Expected! It happens all the time. Half of any DA's job is to help cover up police misconduct. And this is a blatant example. How in the world can it be justified to shoot and kill and unarmed handcuffed man? HOW! If this was a Black man the the Justice Department would be investigating this as a civil rights violation. The DA's decision is appalling and blatant act of abuse of office.— Grapost
- What a shock! This one does take the prize among recent incidents. Good old Bruce Castor couldn't have done better back in his days as DA. Yep, shame on the family for taking the easy and civilized way to fight back against what they feel is wrong. Shame on them for asking questions and demanding answers. Ain't everyday you get a mentally ill relative shot dead while handcuffed behind the back. Must be a really good feeling eh thepaguy? If they lived in Afghanistan where the pretense of law and justice is hardly even maintained, they'd probably have taken things into their own hands wouldn't they. That would be far less disgusting and shameful wouldn't it thepaguy?— Tkat
- thepaguy sounds like one of the parties with a handcuffed brain. If there are 3 police officers that could not properly restrain one individual without handcuffs then there is a big problem.— aden
- What was this insane person doing on the street? The family should have had him committed, oh wait that costs them money. So now they'll sue for .......ta-da......money. Funny how that works, isn't it. It's always someone else's problem.— Rumrunner11
- So the sister leaves her mentally ill brother, who hasn't been taking his meds, alone for the weekend? Shouldn't the family be holding the sister responsible and not the cops? I guess there's no money in suing her.— LouDiamondPhillipsheadScrewdriver
- This may be one of the most moronic things I've ever heard. Sue his sister?? First, no one is talking about suing, the family is seeking police reform so this doesn't happen to someone else's mentally ill son or daughter. Second, this is about ultimate responsibility and ultimately, the police KILLED him because they allowed the situation to escalate when, according to the DA, they should have been able to control it without it going so far. — melb
- For analysis on use of force by police in Pennsylvania and other law enforcement subjects including Gun Control, Liability and Stress; go to Robert A. Young's Blog For Social Responsibility accessed by internet search engines. Mr. Young is a former Phila. police investigator, street cop, media relations officer and police academy instructor who now writes about the media, energy and public affairs.— NICOT
- Wimpy cops. jeez. THREE of them! Shot to kill, they could have just injured him. And the D.A. is a lady friend to the cops. I support this family. Please continue sueing because cops need to learn.— MDRN
- paguy and rumrunner - I know the family and no one is trying to cash in and has never mentioned money. They want reform in the way of changing procedures, etc. to prevent this type of thing from happening again. He was mentally ill, yes and therefore in need of HELP from the police and instead was handcuffed and shot to death after the 3 officers involved seriously bungled the whole encounter and by their actions let the whole situation escalate when their training should have had them well in control. Last time I checked the police are supposed to serve & protect people in need, not kill them.— melb
