DEKALB COUNTY, Ga.,None — The Supreme Court of Georgia has sided with a former DeKalb County Fire captain who was fired over his handling of a house fire that killed a 74-year-old woman.
On Monday, the court ordered county CEO Burrell Ellis and Fire Chief Eddie O'Brien to give Sell Caldwell III his job back. Caldwell was a fire captain when Ann Bartlett was killed in a fire at her Dunwoody home two years ago. Authorities said Bartlett called for help just after 1 a.m., but firefighters responding to the call didn't see smoke or flames and left without approaching the house. Hours later, when a neighbor called 911 again, Bartlett was found dead in her garage.
Caldwell was among several firefighters who lost their jobs, but when he appealed, a hearing officer determined the department made factual errors in Caldwell's termination and ordered his firing be reversed. The county has appealed the decision to a council, a county superior court and the state Supreme Court. All have sided in favor of Caldwell, including the latest state Supreme Court ruling.
"It is disingenuous for the county to argue that although the code allows 'reversal' of the chief's decision, it does not contemplate reinstatement," Justice Hugh Thompson said on behalf of the court. "By definition, reversal of a termination constitutes reinstatement."
WSBTV
