JERSEY CITY, NJ—A Jersey City firefighter accused of taking a city car home without permission was found not guilty on Monday, but not before a municipal judge slammed him as arrogant and embarrassing and suggested he find a new line of work.
Judge Kelly Austin said prosecutors did not prove beyond a reasonable doubt that Christian Sir violated the local ordinance he was accused of violating. But credible testimony at Sir’s trial showed the firefighter took a city car home, knew he had no authorization to do so and should be punished, Austin said in her withering decision read from the bench inside Courtroom No. 5 at the city’s Summit Avenue municipal building.
“What I find most disturbing in this case is defendant Sir's clear disregard for the rules,” Austin said. “This defendant has the honor and privilege of being a Jersey City firefighter. That job extends far beyond fighting fires. Being a firefighter means being an upstanding citizen, a leader, someone the public can look up to, a person who knows the rules and follows them. This defendant clearly thinks the rules don't apply to him.”
Sir’s lawyer declined to comment.
Sir, who was first hired in 2005 and works as an arson investigator, may have escaped a municipal conviction, but he still faces potential punishment. An internal investigation will now move forward, according to city spokeswoman Kimberly Wallace-Scalcione.
Sir was arrested and charged on May 1, 2018 after he admitted to fire officials that he took a city car home on April 22, according to Austin. The car was discovered missing the next day when a fire broke out and the city needed an arson investigator to visit the scene, Austin said.
The judge said the facts in Sir’s case indicate he exhibited the “type of arrogance that gives law enforcement officers of all kinds a bad name." She made a distinction between someone who holds the rank of firefighter and someone who is a leader and said Sir “is not a leader.”
“Maybe the defendant has no desire to be a leader,” Austin said. “Maybe he’s OK with being average or less than. If that’s the case, you should find another job. Not only do we have enough average people in this world, but your job requires more, your fellow firefighters deserve more and the city of Jersey City demands more.”
Sir was initially charged with unlawful taking of means of conveyance (joyriding). That’s a fourth-degree offense, handled by county prosecutors. They downgraded the charge to municipal court, where the charge became breach of the peace using a vehicle. In her Monday decision, Austin said that ordinance does not prohibit someone taking home a city car without permission, an action Austin called “theft.”
"Should defendant Sir be punished? Absolutely,” she said. “Should he be embarrassed? Most definitely. Is he guilty of ordinance 242-7? No, he is not.”
Wallace-Scalcione said Sir has been on modified duty and his employment will be reviewed based on Monday’s ruling.
"Theft of a city-owned vehicle is unacceptable, and we expect to implement penalties where warranted," she said.
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