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State board supports fired Officer Lovelace

Edythe Jensen
The Arizona Republic
Nov. 11, 2004 12:00 AM

CHANDLER - Fired police Officer Dan Lovelace cleared a hurdle to get his job back.

The state agency charged with certifying law enforcement officers voted 11-1 Wednesday not to take action against him in connection with the 2002 shooting death of an Ahwatukee Foothills woman.

"It's not in the purview of this board to second-guess life-threatening, split-second decisions," said Jerry Sheridan, a member of the Arizona Peace Officers Standards and Training Board and Chief of Custody for the Maricopa County Sheriffs Office.

Had the training board decided to take action, it could have derailed the city's merit board investigation because Lovelace can't hold a police job without state certification.

Pinal County Sheriffs Detective Tamatha Villar, also a board member, said, "I don't think there was ever an error in judgment on his part . . . and I was disheartened that he felt he had to apologize." Michael Palakowski, a University of Arizona professor, cast the lone dissenting vote.

Lovelace, 40, shot and killed Dawn Rae Nelson, 35, outside a Walgreens drive-through window where she was trying to fill a forged prescription. She knocked over Lovelace's parked motorcycle and was trying to flee after the officer called in her license plate.

In July, a Superior Court jury acquitted Lovelace on murder and other charges in connection with the shooting.

Ted Brandon, the board's investigator, said he is convinced that Lovelace feared for his life and made the split-second decision to fire at Nelson.

During part of Lovelace's city merit board hearing last month, police officials said they fired Lovelace because he shouldn't have drawn his gun on Nelson; he had her license plate number and should have let her go.

Lovelace said that notion is wrong. "When you tell officers to just let suspects go, you open up a can of worms."

The merit board hearings continue Dec. 17, and it's not likely they will make a recommendation before early next year. City Manager Mark Pentzhas the final say.

A version of this story appears in today's Chandler and Ahwatukee Republics.