Five Philadelphia officers fired for allegedly assaulting or threatening women have been reinstated to their positions.
In March 2020, the Philadelphia Police Department announced a 30-day suspension for Officer Jesse Alvarez, with intentions to terminate his employment following an arrest on domestic violence charges. A protection-from-abuse order was issued against Alvarez by a woman who alleged he burned her with an iron, choked her, and threatened her with a gun. Alvarez denied these accusations. Ultimately, the charges were dismissed after Alvarez completed a diversionary program aimed at addressing “intimate partner abuse.”
In an intricate turn of events, the Fraternal Order of Police Lodge No. 5 filed a grievance seeking Alvarez’s reinstatement. An arbitrator selected by the police union, Walt De Treux, raised concerns about the clarity of the term “intimate partner abuse.” He noted the absence of an explicit admission of domestic assault due to the specifics of the program Alvarez completed. Although De Treux acknowledged the likelihood that the woman suffered from emotional abuse, he ruled in favor of reinstating Alvarez in November 2024, a decision that went largely unreported in the media.
This ruling marked a shift in public awareness regarding Alvarez’s case, as details about his and seven other officers’ cases, previously suspended or fired, became publicly accessible for the first time when shared by the city last week. Reports indicate that the city had not published grievance arbitration decisions for over 16 months due to redaction errors and staffing shortages. Newly released decisions revealed that all five cases of police officers terminated for assaulting or threatening women were overturned by arbitrators.
Concerns surrounding these arbitrations were highlighted by Catherine Twigg, general counsel for the Citizens Police Oversight Commission. Despite the bravery of women reporting abuse, and in some cases, substantial evidence including video footage, the arbitrators chose to reinstate the accused officers, granting them their jobs back.
In the Alvarez case, De Treux’s decision underscored inconsistencies in the woman’s testimony and downplayed the officer’s prior disciplinary record, including a 25-day suspension in 2017 for submitting fraudulent medical documentation during an investigation. In a separate domestic violence incident, Officer Timothy Taylor was reinstated in April 2024, despite a significant body camera evidence that documented an assault against his wife.
De Treux’s dismissal of this critical evidence hinged on procedural arguments regarding prior reviews, revealing contentious issues regarding the integrity of investigations into police conduct. The reinstated officers include Alvarez, Taylor, Andrew Humm, and Andre Coles, while Darren Kardos opted to leave the force after his arbitration successfully overturned his firing.
This scenario leads to a significant discussion about accountability within law enforcement agencies, especially concerning domestic violence cases involving police officers. Critics argue that the existing arbitration system allows for a troubling trend of reinstating officers accused of serious misconduct, thereby raising key questions about public safety and the efficacy of internal investigations and disciplinary actions within police departments. The FOP has responded to these criticisms by emphasizing their role in ensuring fair treatment for officers, which they contend sometimes faces shortcomings from internal review processes. The complex interplay of police accountability, union dynamics, and community safety continues to be a contentious issue deserving further examination and reform.
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