The family of Marcel Dupree Jones, an unhoused Black man who was shot and killed in a homeless shelter, is suing Building Opportunities for Self-Sufficiency, or BOSS, the nonprofit that operates the shelter. The family is also suing the city of Berkeley, as well as Mark Christopher Dowling, the man who committed the murder.
The formal complaint was filed Nov. 18 by two of Jones’ preschool-aged children through a court-appointed guardian and accuses BOSS and the city of Berkeley of negligence, premise liability and civil rights violations.
According to the complaint, Jones was 37 and had been living at the Ursula Sherman Village shelter for about six to seven months before his death.
Jones had shared a room with Dowling, who had been a “difficult and violent” individual and had a history of committing violent crimes, according to the complaint. Additionally, the lawsuit said Dowling had previously gotten into a number of physical altercations, including with Jones, while living at the shelter.
The complaint also claimed that Dowling had been openly racist, getting into altercations with Black residents in particular and using racially motivated slurs and threatening gun violence against them.
In the complaint, the family’s attorneys alleged that BOSS and the city of Berkeley neglected to respond to the warning signs of violence with Dowling and that they had failed to protect Jones by placing him with a resident who was openly racist.
“Despite knowing about the unsafe conditions, (BOSS) failed to remedy this condition, protect against harm from the condition, or give adequate warning of the condition,” the complaint said.
Around 5:22 p.m. Aug. 25, 2024, Dowling shot Jones three times after the two men got into a physical altercation because Jones was playing a song by rapper Tupac Shakur. According to the complaint, Dowling then left the shelter and obtained one of his five firearms from his car, after which he was permitted to reenter the shelter.
Jones sustained gunshot wounds to his chest, back and abdomen. According to a press release from the Berkeley Police Department, officers responded shortly after at 5:26 p.m. and attempted to perform lifesaving treatment. Jones was pronounced dead shortly after.
Dowling fled the scene but was arrested by BPD the next morning. He was charged with murder, hate crime and firearm use by the Alameda County district attorney.
Jones was “focused, skilled, dedicated, helpful, humble, and kind,” according to a GoFundMe started by Rising Sun Center for Opportunity on Sept. 4, 2024 to help pay for his funeral expenses.
Jones was working on a pre-apprenticeship at Rising Sun to start a career in construction. He was a week away from graduating when he was murdered.
Jones is survived by his mother and three young children. The complaint said he “adored” his family and that the plaintiffs, Jones’s children, are “irreparably harmed and deprived of the support, companionship, financial contributions, and love of their father.”
Jones’ family is asking for both compensatory and punitive damages, attorney’s fees and additional penalties from BOSS and the city of Berkeley.
Dowling is set to return to court for a preliminary hearing in Oakland on Jan. 8. He is currently being held in Santa Rita Jail in Dublin without bail.
The city of Berkeley declined to comment on the pending litigation.
BOSS did not respond to The Daily Californian’s repeated requests for comment as of press time.