Beneficiary of pension unclear

Friends say officer's life partner should get survivor benefits. Officials say they need to study policies first.

By SUSAN THURSTON

© St. Petersburg Times,
published July 9, 2001

Marrero

Mashburn

TAMPA -- Normally, the spouse of a police officer killed in the line of duty would get survivor benefits for the rest of her life.

But because Mickie Mashburn and her life partner, slain Officer Lois Marrero, weren't legally wed, it's unclear what she will get.

Marrero, 40, was shot to death Friday while chasing a bank robber near an apartment complex off Dale Mabry Highway in Tampa. She left behind countless friends and loved ones, including Mashburn, her companion of 10 years.

Tampa police and city officials said Sunday they did not know whether Mashburn, 48, would be eligible to receive benefits. First, they need to look into the union contract, department policies and state law.

"This is going to be an issue for personnel and the pension board," police spokeswoman Katie Hughes said. "We have no policy addressing this situation that I know of."

On Friday, Marrero was shot three times in the neck and side by Nester Luis DeJesus, 25, who lived in the Crossings apartment on Cleveland Street. He committed suicide in an innocent bystander's apartment. His alleged accomplice, girlfriend Paula Andrea Gutierrez, is in jail on first-degree murder and robbery charges.

Gay and lesbian activists say Mashburn should get the same treatment that any spouse would.

"They were the epitome of the perfect married, suburban, middle-class couple. They did everything together," said Don Bentz, president of Tampa Bay Pride. "She is entitled and deserves those benefits. If she doesn't get them, it's an injustice."

Bentz met Marrero and Mashburn about 10 years ago when they were working off-duty security for Tracks, a popular gay club in Ybor City that is now the Pleasuredome. He remembers them as a happy, committed couple.

"Their relationship was just as valid and deserves as much respect as any piece of paper that a church or government can give you," he said.

Brad Behnke, who has been involved with a man for six years, said treating Mashburn as a spouse is the right thing to do.

"She put up with her spouse going to work every day and risking her life, and she supported her for 10 years," he said. "That shows a life commitment was there."

Mashburn, who is a detective with the Police Department, said Sunday she had not discussed the benefits issue with the top brass.

"Their main concern right now is making arrangements for the funeral," she said.

Mashburn noted, however, that she was familiar with the pension and knows a lot about it.

Usually, in cases involving a husband and wife, the surviving spouse receives 65 percent of the officer's pay, said Tom Singleton, a police detective who serves as chairman of the Tampa Fire and Police Pension Fund. He didn't know who, if anyone, would be entitled to Marrero's pension.

"I can only go with what's mandated by law," he said. "I've known Mickie and Lois a long time. It's one of those situations we'll have to deal with."

Mayor Dick Greco said he hoped the city would be able to grant whatever Marrero would have wanted.

"I think if it's in her will, we might give it to her, but I'm not sure how it works," he said.

Depending on what the documents show, the issue might come up for a vote before the pension board, which includes police and fire representatives. It would be the first time the issue has come up.

Only Vermont legally recognizes the marriage between people of the same sex. About 35 states have enacted Defense of Marriage Act laws restricting marriage to heterosexual couples. Nevada and Nebraska have gone a step further and banned the recognition of civil unions.

Gay and lesbian couples have been fighting for years for the right to legally wed. They argue it's unfair for lifelong companions to be denied benefits that heterosexual couples have, including insurance and tax benefits.

Marrero's death came on opening night of PrideFest, an annual gathering of gays and lesbians in Tampa, which ended Sunday. Participants observed a moment of silence in Marrero's honor. Some brought flowers and flags to a memorial set up in front of the Tampa Police Department on Franklin Street.

Longtime friend Robert Sanders of Tampa called her a "super, super lady" who will be sorely missed. She was the first female officer in Tampa killed in the line of duty.

"She's a neighborly person. She's always been there for everyone," he said. "There was nothing to dislike about her. Her heart was three times as big as her size."

Sanders recalls often telling Marrero to be careful working in Ybor. She always dismissed him, saying she could handle it. Being 5-foot-1 didn't matter.

Sanders last saw Marrero about three weeks ago at a Shell gas station on Kennedy Avenue. Had he known it would have been the last time he saw her, he would have told her how special she was, he said.

Marrero had 19 years on the force and planned to retire in 15 months. The spirited Latina weathered plenty of controversy, including a firing in 1997 for lying about attending a law enforcement seminar when she was really on vacation. She sued the department, claiming she lost her badge because she had written a grievance letter to the police chief.

Marrero got her job back, but was stripped of her rank as sergeant. Her friend Sanders said that through it all she didn't hold a grudge. She loved her job too much.

"She never got upset," he said. "You never heard her say a bad thing about the Tampa Police Department."

Detective Kevin Durkin, who is president-elect of the West Central Police Benevolent Association, said it was a tough weekend for the force. He was focusing more on plans for Tuesday's funeral than on discussions about pensions and benefits.

"I hope it works out for Mickie," he said. "We're heartbroken for her."

- Staff writers Angela Moore and Amy Herdy contributed to this report.

Public visitation today

Friends of slain police officer Lois Marrero can say their goodbyes today during a public visitation from 4 to 8 p.m. at Blount, Curry & Roel Funeral Home at 4730 N Armenia Ave. in Tampa. A public funeral is planned for 10 a.m. Tuesday at Sacred Heart Church, 509 Florida Ave. in Tampa. The church holds about 700 people. Marrero will be buried at Myrtle Hill Memorial Park, 4207 E Lake Ave. in Tampa.

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