A police officer in Texas who was fired after he was accused of giving a homeless man a “dog feces sandwich” has won his appeal.
An arbitrator overturned the dismissal of Matthew Luckhurst, a bicycle patrol officer in San Antonio, because he was not punished within the required 180 days of the alleged incident.
Officers said the dog feces incident happened on May 6, 2016, while Luckhurst was on patrol, and he was informed of his indefinite suspension on Oct. 28, 2016. Luckhurst challenged the May date, saying injury prevented him from riding a bicycle during a three-month period.
An arbitrator also cited a lack of evidence in voiding the officer’s dismissal earlier this month.
“There’s no eyewitness,” Luckhurst’s lawyer Ben Sifuentes previously told KSAT. “No video camera showing what he alleges in fact happened. I think when it comes to arbitration, we’re going to prevail.”
Luckhurst said he picked up the dog feces and a piece of bread to avoid stepping on it, according to the arbitration decision obtained by KSAT. He said he put the feces, which was wrapped in the bread, into a food container and considered it garbage, but left it “in close proximity” to a homeless man.
“You can’t be doing that. You have to go pick that up,” another officer told him, according to the arbitration document. Luckhurst would go back to the area and would tell another officer he got rid of the container.
He remains off the streets while appealing an unrelated suspension, also involving feces. It is alleged that he and another officer bragged about leaving a mess in the women’s restroom.
With News Wire Services
