Judge hands stiff sentence to man who attacked cop

Kim Smith

Friday, March 29, 2002 | 9:27 a.m.

A California man who shattered a Metro Police officer's face with a cutting board and stabbed a police dog was sentenced Thursday to nine to 24 years in prison.

District Judge John McGroarty's ruling in the Marlin Olivas case far exceeded the four to 17-year sentence recommended by the state's parole and probation department.

Chief Deputy District Attorney Gary Guymon had asked for at least a five to 15-year sentence.

In February, Olivas, 36, pleaded the equivalent of no contest to three charges stemming from a November incident that resulted in severe injuries to Officer Kyle Hirschi, 26, and a police dog.

Guymon said Hirschi and other officers were called to an Arville Street apartment complex in regard to a man who had shot out a window using a slingshot.

When officers arrived Olivas reportedly became belligerent and ran into an apartment.

Believing Olivas had a gun, Hirschi, 26, followed him into the apartment's kitchen, and Olivas flung a cutting board at Hirschi's face, knocking him unconscious and shattering his cheek bones, jaw, nose, eye sockets and several teeth.

Olivas threw a plate at a second officer, and five hours of negotiations ensued.

Eventually, Olivas, wielding several knives -- some of which he threw at officers -- fled the apartment, police said. He was brought down by a police dog that clamped onto his arm and his buttocks, despite stab wounds in the animal's mouth rendered by Olivas.

Guymon asked McGroarty to exceed the sentencing recommendation, pointing out that Olivas got into a similar stand-off with California authorities in July only to be given 15 days in jail.

California parole and probation officers recommended Olivas get jail time in that case, noting that "uncontrolled, Olivas represents a clear menace to society," Guymon said.

Deputy Public Defender Jeff Banks said it is clear that Olivas was suffering from a drug addiction during both incidents. He pleaded with McGroarty to give his client a year in jail and probation, noting his lack of a significant criminal history, a strong family support network and consistent employment record.

Nine of Olivas' family members, including his pregnant wife, flew to Las Vegas from central California for the hearing. They sat one row behind a group of police officers and other supporters of Hirschi. Hirschi's wife, who is also pregnant, was present.

Hirschi told the judge doctors had to "peel his face" back to repair his shattered bones with titanium plates and cups. He still faces additional surgery and orthodontic work.

"If another officer had not been entering the apartment I do believe he would've attempted to finish the job," Hirschi said.

The officer asked for a harsh sentence, saying it was a crime committed against the community, and not just him.

McGroarty called it a "senseless and vicious crime" and noted the officers were lucky Olivas didn't have a gun.