A Jackson County judge has confirmed an arbitrator’s order that the Kansas City firefighter driving the pumper truck involved in a 2021 multi-fatality crash in Westport get his job back and receive back pay.

Jackson County Circuit Court Judge Jalilah Otto issued the decision on Monday, rejecting the city’s attempt to override the arbitrator’s order that Dominic Biscari be reinstated and serve a three-day suspension without pay.

The city had argued that arbitrator Leland Shurin overstepped his authority in his ruling.

“The Court finds the Arbitrator did not exceed his delegated authority, and therefore, it is hereby ordered that the modified arbitration award is confirmed,” Otto wrote.

The arbitrator, Otto wrote, “did exactly what labor arbitration requires in that he applied the CBA’s (collective bargaining agreement) just cause and due process provisions to the dispute.”

“He evaluated the fairness of the City’s process and determined the appropriate discipline and remedy within that contractual structure.”

Kansas City Mayor Quinton Lucas expressed disappointment with the judge’s ruling.

“Jennifer San Nicolas, Michael Elwood, and Tami Knight should be alive today,” Lucas said in a statement Tuesday afternoon. “Nearly five years later, that remains the only fact in this tragedy that truly matters, and my heart stays with their families, who have carried this loss through every hearing, ruling, and appeal.

“When criminal actions on duty cost people their lives, a three-day suspension — a single day for each life lost — disappoints us all. The court did not say otherwise; it ruled only that Arbitrator Leland Shurin’s decision was beyond the court’s reach. It is a problem with the system, and it is one worth fixing.”

Local 42 responds

Raymond Salva Jr., attorney for the International Association of Fire Fighters Local 42, which represents most firefighters, said he wanted to make one thing clear.

“There is an issue that overshadows everything in this case, and that is that three people lost their lives in a terrible and tragic collision back in 2021,” Salva said. “Throughout this litigation, Local 42 and its members have never minimized or diminished that, and nothing about this ruling changes anything about the loss suffered by those families.”

The legal question before the court, Salva said, was whether the city had a duty to honor the collective bargaining agreement and the grievance and arbitration processes that it negotiated with Local 42.

“This dispute matters to every local 42 member,” he said. “The provisions of just cause, due process, grievance rights and binding arbitration are protections that the city negotiated and promised to honor, and those are fundamental contractual rights, and we believe the court enforced them properly.”

The Westport crash occurred on Dec. 15, 2021, when the KCFD pumper entered the intersection against a light that had been red for 16 seconds, traveling 51 mph in a 35-mph zone, according to police. The pumper struck a Honda CR-V driven by San Nicolas, then hit three parked vehicles — one of which struck Knight, a pedestrian — and crashed into a building at 4050 Broadway. The crash killed Knight, San Nicolas and her passenger, Elwood.

Biscari pleaded guilty in February 2023 to three counts of involuntary manslaughter, avoiding a criminal jury trial in which he faced the possibility of being convicted and sentenced to up to 12 years in prison. He instead was sentenced to three years’ probation and 40 hours of community service.

Union filed grievance

After Biscari’s plea, the city suspended him without pay and announced plans to fire him. Local 42 filed a grievance to block Biscari’s termination, saying the collective bargaining agreement between the city and the union required the city to have just cause to discipline an employee and to provide due process to the employee.

After a hearing, Shurin ruled in Biscari’s favor in March 2024. The city then filed a civil suit asking the court to vacate the ruling, arguing that Shurin exceeded his authority in deciding what Biscari’s punishment would be when that was not at issue in the grievance. The court sent the matter back to Shurin, attempts at further mediation failed and Shurin issued his final ruling on Aug. 18, 2025.

“The Arbitrator determined that his Award appropriately covered issues raised without objection in the grievance arbitration hearing,” Otto wrote in her ruling. “However, the Arbitrator did modify the Award by ordering each side to pay their own attorney’s fees.”

The arbitrator’s award awaited the court’s confirmation. In its challenge, the city argued that Shurin exceeded his authority in multiple areas.

First, it said, he addressed issues beyond the scope of the grievance. The union’s original grievance, the city contended, only challenged Biscari’s suspension pending resolution of his criminal case — not the underlying disciplinary action for the crash itself.

Shurin also ordered discipline for unresolved matters, the city said.

“The arbitrator issued disciplinary recommendations for the underlying incident before the City had done its investigation or imposed any discipline related to the event,” the city said.

And, the city argued, Shurin violated Missouri law that requires arbitrators to only decide issues specifically given to them.

“Under Missouri’s Uniform Arbitration Act,” the city said, “courts must vacate awards when arbitrators exceed their authority.”

Will the city appeal?

Lucas said the city would look into appealing Otto’s decision to the Missouri Court of Appeals and the Missouri Supreme Court.

“I have immense love, respect, and appreciation for the women and men of the Kansas City Fire Department,” he said, “but today’s outcome as to an individual firefighter whose actions led him to plead guilty for manslaughter and the tragic loss of three people is not just and is not right.”

The city issued a statement Tuesday that echoed Lucas’ sentiments.

“Before all else, our thoughts remain with the families and loved ones of Jennifer San Nicolas, Michael Elwood, and Tami Knight, the three people who lost their lives that day,” it said. “No court ruling changes that loss, and the City continues to extend its heartfelt condolences to their families and to everyone affected by this tragedy.

“The City has deep respect for the men and women of the Kansas City Fire Department, who put themselves at risk every day to protect our community. That respect is exactly why the City took the position it did.”

The city is reviewing the decision to determine its next steps, the statement said.

“The City will comply with its legal obligations while it evaluates its options,” it said. “Out of respect for the families and the legal process, the City will have no further comment on personnel specifics at this time.”

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