UPDATE: Officer Reinstated
Updated: Tuesday, January 8 2013, 03:56 PM EST
An attorney for the city of Asheville says he's "disappointed" after a judge ruled in favor of a police officer who sued to get his job back. City Attorney Bob Oast says, "the city is now considering it's option on how to move ahead.
The judges ruling in the case was filed at the Clerk of Court's office this morning.
In 2010, Roger "Scott" Aly Was fired after the discovery of inappropriate images on his personal computer.
The three page document filed today makes it clear the City of Asheville should have never fired officer Scott Aly.
Officer Aly went to trial last month as the city was appealing a civil service board ruling that found Aly was wrongly terminated.
Attorney's for the city and former Police Chief Bill Hogan said the images were on a computer Aly rented. They were found when he neglected to erase them and turn it back in to the rental company.
A family that rented the computer afterwards found lewd images and took them to police.
Hogan said Aly's conduct was unbecoming of an officer and violated police policy.
The judge hearing the appeal disagreed. Superior Court Judge James U. Downs wrote in his ruling, "Aly's termination is to be rescinded, set aside and declared null and void", he adds, "it is further ordered, adjduged and decreed that the respondent be immediately reinstated as senior police officer of the Asheville police Department with the restoration of all back pay due and all other rights as if the termination had not occurred."
We' tried to speak with officer Aly but his attorney is declining any comment.
He says the City has three days to appeal.
At this point it seems Scott Aly will be going back to work at the Asheville Police Department unless there's some sort of settlement or alternative arrangement between the two parties.
We're following the story and bring you any new developments just as soon as we get them.
By Frank Fraboni
Follow Frank on Twitter @Frabonz
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