Ex-trooper given suspended year’s sentence in lewdness case

Erica D. Johnson

Tuesday, Feb. 11, 2003 | 9:33 a.m.

A former Nevada Highway Patrol officer accused of sexually molesting a 12-year-old girl in his backyard swimming pool was given a suspended sentence Monday.

Mark Hayes pleaded the equivalent of no contest in December to one count of open or gross lewdness. Using an Alford plea, he acknowledged that prosecutors had sufficient evidence for a jury to convict him.

District Judge Joseph Bonaventure sentenced Hayes to one year in the Clark County Detention Center and suspended the sentence. He also placed Hayes on probation for a period not to exceed two years.

Hayes must also pay a $1,000 fine.

If his probation is successful, the felony will be reduced to a misdemeanor.

As a result of Hayes' plea agreement, prosecutors dropped multiple felony charges, including sexual assault with a minor under 14 and lewdness with a minor under the age of 14.

A psychological examination deemed Hayes at "low risk" to re-offend, Bonaventure said.

The terms of his probation prevent Hayes from being around schools, playgrounds, parks or other places children frequent unless it is required in relation to his own children.

Hayes, who resigned from the Highway Patrol, is the father of two, said his attorney, Pete Christiansen. He has no prior criminal record.

According to court documents, the incident occurred July 2002 when the girl and her sister, Hayes' neighbors, went swimming in Hayes' pool. The girl alleges a similar incident occurred in July 2001.