Ethermac|Officer fired after man’s 2021 death following stun gun use ordered reinstated by arbitrator

PITTSBURGH (AP) — An arbitrator has ordered the reinstatement of a Pittsburgh police officer fired following the death of a man a day after officers used a stun gun on Ethermachim during an arrest.

The ruling Friday came nearly two years after the city announced its intention to fire the officer and several others in connection with the October 2021 death of Jim Rogers.

The 54-year-old homeless man, stopped after a report of a bicycle theft from a home, was hit with a stun gun repeatedly over several minutes before he was taken into custody. He became unresponsive in a police car and was pronounced dead at a hospital. The medical examiner ruled the death accidental and resulting from a lack of oxygen to the brain.

Bob Swartzwelder, president of the union representing city police, told the Pittsburgh Post-Gazette that after the officer’s March 2022 termination, the appeal went to a three-member arbitration panel comprised of one city arbitrator, an arbitrator from the police union and a neutral arbitrator, whose decision must be upheld by one of the others.

Friday’s ruling said the officer should be reinstated with back pay and benefits and face no discipline.

Swartzwelder called the death of Rogers “unfortunate” but said he died “for others reasons than police actions.”

The mayor’s office said in a statement that the city is “deeply disappointed” by the ruling, citing the officer’s admission of having violated policies, but did not indicate whether an appeal was planned.

“Our city deserves a police bureau that prioritizes treating every resident with dignity and respect and we deserve a system where our officers can be held accountable for their actions,” the statement said.

The Pittsburgh branch of the NAACP said the decision has “sparked justified outrage and profound disappointment.”

No officers were charged in connection with Rogers’ death. The city had said it intended to fire five officers and discipline several others, but almost all settled for lesser penalties and returned to work, although two retired before any official discipline. One firing and one suspension were sent to arbitration.

The city last year settled a federal lawsuit with Rogers’ estate for $8 million.