NLV man keeps going to court for the birds

Adrienne Packer

Friday, June 26, 1998 | 11:18 a.m.

Attorney Andrew Leavitt has defended his share of murderers, rapists and gang-bangers during his eight years in the valley's most crime-ridden city -- North Las Vegas.

But few of Leavitt's defendants have sparked as much interest as Marion Goodwin.

Goodwin is not exactly a hardened criminal. When he shuffled into a municipal courtroom Thursday waving excitedly at television cameras, he easily could have been mistaken for somebody's grandfather.

But in the eyes of one North Las Vegas police officer, Goodwin is a repeat offender. And after several violations, Goodwin was finally handcuffed and thrown in jail. His car was impounded and evidence was collected.

The 77-year-old's crime? Feeding the birds.

Goodwin was scattering bird food across a vacant lot on May 25 when Officer Philip Hicks, working radar duty on Las Vegas Boulevard, spotted his perpetrator.

"The driver of the van threw what looked like to be several coffee can fulls of dried bread and discarded foodstuffs," Hicks wrote in his police report.

Hicks promptly called for a backup officer to take photographs.

"He photographed three plastic containers full of discarded foodstuffs situated in the front passenger seat and floor area of Goodwin's vehicle," Hicks wrote.

Standing before a North Las Vegas judge Thursday, Goodwin pleaded "not guilty" to the charge, which on the court docket is listed as littering. Goodwin insists he wasn't littering and Hicks noted that in his report.

"In his defense, he said that the stuff he was throwing from the van was not litter, but food which would be eaten by birds and animals," Hicks wrote.

And after his court appearance, Goodwin repeated his defense.

"The dictionary says litter is non-edible rubbish," Goodwin said. "Birds love scratch. They eat it right away."

Every morning, Goodwin pours scratch -- a mixture of corn, milo and wheat -- into jars and heads out to empty lots or alleys to feed the pigeons and sparrows that loiter in North Las Vegas.

"I do this because we were put here to feed and nurture God's creations," Goodwin said. "It's the least I can do for what He gives me."

Goodwin was first stopped by police two years ago, but said the judged ruled the case was a waste of time and dismissed it. He was popped again last year, but pleaded guilty to save money.

While Goodwin has managed to escape punishment, he has ruffled the feathers of the North Las Vegas Police Department.

"I don't know why they're waging a personal vendetta against me for feeding a few birds," Goodwin said.

After his arrest in May, Goodwin decided to seek legal assistance. He contacted Leavitt, who offered to defend the decorated war veteran pro bono.

Leavitt, who said Goodwin is the first alleged litterbug he has defended, believes the case will be settled before the pre-trial hearing, which is scheduled for July 17.

Leavitt said he is in the courtroom every day of the week and claims the city doesn't even have enough space to handle all the serious offenders. He doubts North Las Vegas is interested in spending money to prosecute a bird feeder.

"I think police are just irritated because they continue to give verbal warnings and he continues to feed the birds," Leavitt said.

So why does his client continue to toss scratch across open land after he has been cited and arrested?

"Because the birds are hungry," Leavitt said.