Two Reno officers face being fired for domestic violence convictions

Thursday, Feb. 25, 1999 | 10:07 a.m.

The Reno Civil Service Commission will consider the action tonight against officers Mark Markiewicz and Lynn Drake, based recommendations from Police Chief Jerry Hoover and City Attorney Patricia Lynch.

A federal law that took effect in 1996 was retroactive and prohibits anyone ever convicted of misdemeanor domestic battery from possessing a firearm. There are no exceptions for police officers or others who carry guns as part of their jobs.

Critics say the law is unconstitutional.

Hoover agrees it's unfair, but said he cannot leave the officers on partial duties indefinitely.

"I like these two cops. I think they do a good job. This is the toughest thing I've dealt with involving personnel decisions," he said.

The police union officials disagree and claim the city is moving against the officers for political reasons.

Ron Dreher, president of the Reno Police Protective Association, said the union does not believe the cases involving the officers should be classified as domestic violence.

"If this was a domestic violence case, we would not be standing behind them," Dreher said.

He said Drake, who was convicted before the law was passed, pleaded guilty four years ago to disturbing the peace after his ex-wife filed a claim that his discipline of their daughter was abuse.

"He was assured by (department administrators" that nothing would ever happen to his job. That's why he pleaded guilty," Dreher said.

Markiewicz pleaded guilty last year to battery of his former spouse. Dreher said the officer had used a police disarming tactic to get a knife away from the woman, who subsequently filed the battery charge.

"They have been had by an unfair law," Dreher said, adding that he believes "the officers would have been found innocent" if jury trials were allowed in misdemeanor cases.

Dreher said the officers appealed their layoffs to an arbitrator, who recommended they not be fired.

However, the arbitrator also said the city could lay them off if they could not fulfill their duties as police officers.