Former police officer present during termination hearing

WHEELING, W.Va.-

A former Wheeling police officer accused of sexual assault and facing a trial in Ohio County appealed his termination with the city of Wheeling today at a special hearing in front of the Police Civil Service Commission.

Kotson was fired by City Manager Robert Herron back in December.

On Friday, Kotson's attorney said that he was wrongfully terminated. Both sides (The city and Kotson) presented their case in front of the commission.

City Solicitor Rosemary Humway-Warmuth said that the termination of Kotson was being discussed prior to his Dec. 1 arrest by West Virginia State Police on sexual abuse and assault charges.

Humway-Warmuth said that Kotson allegedly was driving a police cruiser without a license, and that there were three people that made the decision to fire Kotson, all having cause.

They are police Chief Robert Matheny, Deputy Chief Mike Vankirk and Herron.

"Those are the three people who were pivotal in this case who have the information and came to the conclusion that there was cause," said Humway-Warmuth.

Joe Johns, representing Kotson said that the city violated numerous laws and steps in the termination process.

            He said the city made a decision without even talking to Kotson and giving him notice.

"Every chance they could, the city violated his procedural safeguards set forth by statutes and case laws.  From the pre-termination notice, the termination itself, and then the post-termination appeal, all were violated," said Johns.

            With evidence from both sides now presented, the issue of Kotson's termination was continued for a month.

            This meeting was in regards to Kotson's employment with the city only.

A May trial for sexual-assault charges he’s facing is still set to take place in Ohio County.