WHEELING, W.Va. —

A judge has ruled that a former Wheeling police officer who was fired can appeal his termination and will be put back on unpaid administrative leave.

Matthew Kotson was arrested in November 2011 by West Virginia State Police and then charged with several counts of sexual assault and abuse. Days later, he was fired from the Wheeling Police Department. The city said Kotson's termination had nothing to do with the criminal charges he faces.

On Tuesday morning, Ohio County Circuit Court Judge James Mazzone ruled that Kotson has the right to appeal and said the city did not follow proper procedures when conducting a termination hearing.

The ruling means that Kotson has the right to appeal his termination to the city so the case is now back in the city's hands.

The judge's order also says that Kotson's status with the city will go back to being on unpaid administrative leave.

In September, Kotson's attorney, Joe Johns, and Wheeling city Solicitor Rosemary Humway-Warmuth pleaded their cases in Mazzone's courtroom on the city's and the Police Civil Service Commission's decision to fire Kotson for having "just cause."

Humway-Warmuth had said the city had proof that Kotson was driving a police cruiser without a license. Johns had argued the city did not allow Kotson to have a hearing on the matter, and instead fired him before he could do so.

Mazzone's ruling today on the civil matter was based on the attorneys' testimony as well as documents presented at the September civil hearing.

The Judge cited that “exigent circumstances” where not present during the time of the termination, and that there was a conflict of interest, and that West Virginia code was violated when appointing then-Sgt. Dwaine Taylor (now retired) to the post-termination board for Kotson.

Defense attorney Joe John said that the process of Kotson’s termination should start all over again, with a pre-termination hearing. He was not sure when that might happen.

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