PITTSBURGH — Target 11 has learned that a Pittsburgh police officer accused of sexually assaulting a fellow officer during a night of drinking and partying has been ordered reinstated by an arbitrator.
The officer hasn’t returned to work yet because the city has appealed the ruling to court.
An arbitrator ruled that fired Pittsburgh police officer Aaron Fetty should be reinstated with full back pay and benefits because the city of Pittsburgh had already disciplined him for the same allegations, and the time limit on disciplinary action had expired.
Target 11 Investigator Rick Earle spoke exclusively with Pittsburgh Police Officers’ Union President Bob Swartzwelder.
Earle: “Should this officer be back on the force?”
Swartzwelder: “Based on the evidence that we’ve seen, 100%.”
In the fall of 2021, Fetty was initially suspended for three days and transferred to the Zone One Police Station on the North Side, after a night of partying and drinking that began at the Zone 5 Police Station in Highland Park and continued at a bar.
A fellow officer accused Fetty of raping her after driving her home.
Allegheny County Police conducted an investigation and the Allegheny County District Attorney ultimately decided not to file any charges.
The officer then sent an email to every officer on the force detailing the alleged assault and how she claimed the system failed her.
She then went to family court, asking a judge for a protection order against the officer.
After hearing testimony, the Judge granted the order, writing, “The court finds by a preponderance of the evidence that the Plaintiff is the victim of sexual violence. At a minimum, The defendant committed the act of sexual assault. The court further finds that the Plaintiff is at a continued risk of harm from the Defendant.”
Shortly after the hearing, the new Public Safety Director Lee Schmidt fired Fetty, but the Police Officers’ Union appealed, claiming Fetty had already been disciplined for the same alleged conduct.
An arbitrator sided with the Union and ordered Fetty reinstated.
Earle: “Do you think it was knee-jerk reaction by the new administration to fire him?”
Swartzwelder: “I think it’s not understanding how the process works.”
The alleged victim’s attorney fired back at the arbitrator’s decision.
“Given the facts established at trial, I personally believe he should not be employed by our city, much less in any position of power or public interaction,” said Lisa Bennington, the attorney representing the alleged victim.
The officer hasn’t returned to work yet because the city has appealed the ruling to Common Pleas Court.
Mayor Ed Gainey’s press secretary sent a statement on the decision to Target 11.
“It has been the priority for the administration that abusers should not be allowed to serve as members of the Pittsburgh Bureau of Police,” said Maria Montano, the Mayor’s press secretary.
Earle: “Were you surprised they appealed?”
Swartzwelder: “100%, because they know what they did was take two bites out of the apple.”
A judge will now hear testimony from both sides and then determine if Fetty the arbitrator’s ruling was correct.
If either side is unhappy with the court’s decision, they have the ability to appeal it to Commonwealth court.
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