By Jim Walsh, The Arizona Republic
Former Chandler, Ariz. police officer Dan Lovelace formally asked for his job back in the wake of a verdict clearing him of all charges in the shooting of an Ahwatukee Foothills woman.
Lovelace exercised his rights under a termination agreement, requesting a hearing before the Merit System Board to challenge his dismissal, said Dave Bigos, a city spokesman. The request, written by Lovelace’s attorney, was received by Chandler officials late Monday.
Lovelace, 39, was fired for violating department policies after the Oct. 11, 2002 shooting of Dawn Rae Nelson, 35, a prescription drug fraud suspect who was attempting to flee from a Walgreens drive through window with her 14-month-old son, Kenneth, in a rear car seat.
Jurors on Friday found Lovelace not guilty of second-degree murder and manslaughter in Nelson’s shooting, and not guilty of endangering her son’s life.
The termination agreement gave Lovelace the right to request his job back within five days of the jury’s verdicts.
Lovelace was the first Arizona officer to stand trial on felony charges stemming from an on-duty shooting since territorial days. His trial focused on whether he was reasonably in fear for his life when he shot Nelson.
The former officer testified that he believed the left front tire of Nelson’s Camaro was striking him when he fired in fear for his life, after the mother of three refused his commands to stop.
Prosecutors unsuccessfully argued that Lovelace had no reason to run after Nelson’s fleeing car, that he was never in the path of her car and that he had no justification to kill her.
Bigos said the city has five days to decide whether to grant Lovelace the hearing requested by his attorney, Dale Norris, who could not be reached for comment Wednesday morning.
“We can move to get the Merit Board together for a hearing, we can do independent fact-finding, we can automatically reinstate him,” Bigos said.
It may take several weeks to convene the five-member board because of vacations and scheduling considerations, he said.
In addition, the board’s decision could become moot if the Arizona Peace Officers Standards and Training Board decides to initiate proceedings to revoke or suspend Lovelace’s certification.
Tom Hammarstrom, the board’s executive director, said Lovelace’s case in under investigation and may reach the board by August, or more likely in September. The board is investigating whether Lovelace committed misconduct under board rules, he said.
Lovelace has a right to request a hearing if the board decides to take any action against him, Hammarstrom said.