Officers seek pardons for domestic violence convictions

Veteran officers Lynn Drake and Mark Markiewicz have been on restricted desk duty for two years since losing their guns after the convictions.

It will be the first time the state pardons board will hear a request to pardon a misdemeanor domestic violence conviction since Congress passed a law in 1996 making it illegal for anyone with such convictions to carry a firearm.

The Reno Civil Service Commission twice has denied requests by the city attorney and police chief to lay off the officers. The city has sued the commission, asking a judge to force the layoffs.

Drake and Markiewicz referred questions to their lawyer, Michael Langton, who said a pardon would wipe their records clean.

"If this comes to fruition, it ends the hunt, it ends the litigation," Langton said. "If they are pardoned, it is as if the event is wiped from the record and they can go back to being full-fledged police officers."

If the officers were pardoned, they probably would be able to carry guns. But the decision of whether to keep the officers employed would be made by Police Chief Jerry Hoover, City Attorney Patricia Lynch said.

"If they have a pardon and it wipes out the conviction, then we would have to say they could legally carry a gun," Lynch said.

Lynch, who has taken a strong stance against domestic violence during her three terms in office, said she doesn't believe people with domestic violence convictions should be police officers.

Drake, an 18-year veteran, pleaded guilty to disturbing the peace four years ago after his ex-wife filed a claim that his discipline of their daughter was abuse.

Markiewicz, an 11-year veteran, was convicted of assault and battery against his ex-wife in 1997. Markiewicz said he used a special police tactic to disarm his ex-wife, whom he thought was suicidal. In a statement written for the police report, however, Markiewicz said his wife never threatened herself or him with the knife she held.

The Reno Police Protective Association, which has supported the officers throughout the case, believes the officers will be able to return to full duty if the pardon appeal is successful.

"We believe these guys are victims of this unjust law and they stand to lose their careers," RPPA consultant Ron Dreher said. "We are trying every avenue available to us legally."

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