DEKALB COUNTY, Ga. - A defiant attorney representing a fired DeKalb fire captain says Terrell Davis has his job back and the county should be ashamed.
“One of the people testified he believed the only reason they fired him because it was on the news,” says attorney Musa Ghanayam.
And it was on the news. It was also on a body camera video tape obtained by the FOX 5 I-Team.
This is how the case unfolded. Stone Mountain Police Sergeant Steven Floyd pulled over DeKalb Fire Captain Terrell Davis at a local school for an expired tag.
Davis called his co-worker Krystal Cathcart to the scene. Sgt. Floyd issued the ticket but has to ask Krystal Cathcart to step away from the scene, since she wasn't involved.
Krystal Cathcart later filed a written complaint, claiming Sgt. Floyd created "a sense of fear" at the scene, cussed her out twice, telling her to "back the f---- up" or he will throw her in the "back of my squad car."
DeKalb Fire Captain Terrell Davis backed up her written complaint saying Sgt. Floyd yelled curse words and was "unprofessional, belligerent and disrespectful."
After Stone Mountain Police played Sgt. Floyd's body camera video showing no cussing, Ms. Cathcart changed her story, writing "I recant the error of Sgt. Floyd using profanity."
And, Captain Davis later submitted a second letter saying after sleeping on it, he did not remember the officer using a cuss word.
Nine months after the original incident, the FOX 5 I-Team obtained Sgt. Floyd's body camera recording and aired a report that clearly showed Sgt. Floyd never cussed anyone. The county fired Captain Davis and Krystal Cathcart resigned in lieu of termination.
Captain Davis, hired attorney Musa Ghanayam, appealed the firing and won. Davis is back on the job. “He's absolutely thrilled, this is his whole life,” says Ghanayam.
The hearing officer found Captain Davis indisputably "made a false statement" about Sgt. Floyd, but withdrew the accusation in a second letter - after he was told about the dashboard camera.
Davis returns to his rank of Captain.