Pardons Board won’t wipe out cop’s conviction

Monday, Dec. 17, 2001 | 8:18 a.m.

CARSON CITY -- The state Pardons Board has refused to erase a domestic violence conviction against a Reno Police officer, but the board voted to reduce the sentences of four killers from Clark County.

Mark Markiewicz, a 13-year veteran with the police department, was convicted in 1997 of the misdemeanor against his now ex-wife.

His case could be significant because under federal law a person convicted of domestic violence, even though it is a misdemeanor, cannot carry a gun. For police officers and others whose employment depends on carrying a weapon, losing that right can jeopardize a career.

Markiewicz now faces the loss of his job because Reno Police Department has a policy that all sworn officers must be able to be armed. His ex-wife, Debbie, testified before the Pardons Board in his behalf, saying she was not injured.

"He didn't beat me up," she said. "He's a good father."

Other police and union officials testified in support of Markiewicz, backing up his story that he has not had a drink in four years. He said he was "out of control" the night of the incident.

According to a report presented to the Pardons Board, Markiewicz and Debbie got into a violent argument, she grabbed a kitchen knife and he took it away from her.

She fled into another room and the yelling continued. At some point, she was slammed against a wall. She then went back to the kitchen and got a knife. Markiewicz again disarmed her by twisting her hand and then called 911.

Markiewicz said he thought she was suicidal at the time and was going to harm herself.

The officer has an otherwise unblemished record. Since the conviction, Markiewicz has been fighting through the courts his ouster from the job. He has been assigned desk jobs for which he did not have to wear a weapon.

Lt. George Maskaly, speaking for the Reno Police Department, said it does not support Markiewicz's pardon. He said police officers are held to a higher standard and before his conviction Markiewicz had knowledge of the federal law and its consequences.

The department wants to be able to hire somebody in Markiewicz's position who is able to carry a gun, Maskaly said.

Gov. Kenny Guinn, chairman of the Pardons Board, expressed his doubts about wiping out the conviction. He said there are no reports from a professional that Markiewicz has sought counseling for anger management or alcohol abuse.

Attorney General Frankie Sue Del Papa said domestic violence advocates feel strongly about this case and there should not be any clemency.

Markiewicz still has some appeal avenues left. An arbitration hearing will be held on whether the union's contract allows the police to lay him off. Seven years after his conviction, he can ask the courts to expunge his records.

In other cases, the board:

* Voted to reduce the term of Maggie Jo Adams, who is serving two life terms without parole for the October 1980 killing of a Las Vegas cab driver. She has served 21 years and will now be able to apply to the state Parole Board for release.

* Commuted the two consecutive life terms of Jessie Washington, who has served 17 years for the 1983 fatal shooting of a Walter Lyles at the Sugar Hill Cocktail Lounge in Las Vegas. He will now be eligible to apply for parole.

* Reduced the life term without possibility of parole of Sheela Summers, convicted of the fatal shooting of Joy P. Spinney in the desert near Blue Diamond Road and Interstate 15. She has served 14 years and will be eligible to apply for parole.

* Lowered the life sentence without possibility of parole for Brian Hern, convicted of the beating death of 3-year-old Curtis Fausett, the son of his girlfriend in Las Vegas. He also will be eligible to apply for parole.