In court papers filed Tuesday, the state Court of Appeals has concluded that former Sgt. Charles Jones should be reinstated with the NC Highway Patrol with back pay.
The decision comes after years of court proceedings and appeals by Jones who was fired in 2007 after videos surfaced that showed Jones kicking his K-9 partner Ricoh and hanging him by his leash from a railing. Ricoh was not injured during the incident.
Jones' termination was ordered by then Governor Mike Easley.
A year later the State Personnel Commission ordered the Patrol to reinstate Jones saying it found cause for discipline but not dismissal. The Highway Patrol appealed that decision in Wake County Superior Court.
In 2010, Superior Court Judge James Hardin Jr. ruled Jones was improperly fired and should be reinstated with back pay. The Highway Patrol appealed that decision and the case was sent to the Court of Appeals.
During court proceedings Jones' attorney, John O'Hale, said 14 dog handlers didn't find anything objectionable about the video.
"All of these training techniques are extremely harsh and well beyond what an owner of a typical 'house' pet would use to discipline or train a 'family' dog," Judge Hardin wrote in his ruling. "Canine handlers were taught to rule with an 'iron fist' as canines were 'weapons' which had to be under control at all times."
As a result of the case, the NC Highway Patrol admitted there was no standard training procedure at that time and the unit was disbanded in 2009. Six months later the canine unit was back out on the streets with new policies and a new breed of dog.
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