Aug. 27--A Wilmington firefighter fired from his job in April after being jailed and ultimately cleared in Virginia on sexual assault charges, is appealing his termination.
Robert Thomas Hester, 40, of Elizabethtown, filed an appeal with Wilmington's Civil Service Commission, but a date for the hearing has yet to be set, said city spokeswoman Malissa Talbert.
Hester was arrested March 21 on two counts of sexual assault and one count of abduction with intent to defile after a female acquaintance whose name has not been released alleged he sexually assaulted her in a Reston, Va., hotel room.
After being in custody for three days, Hester was fired for missing work. He was master firefighter with the Wilmington Fire Department.
On Aug. 7, a Fairfax County, Va., jury found Hester not guilty on one count of sexual assault and the abduction charge. Jurors were hung on the second sexual assault count. The Fairfax County Commonwealth Attorney has indicated he does not intend to retry Hester on the charge.
On Aug. 8, Wilmington Fire Chief Buddy Martinette sent an email to county attorneys Meredith Everhardt and Bill Wolak, and the city spokesperson, asking them to recommend Hester be reinstated so Martinette could present that to the city manager.
"At this point I would like to request that we reinstate Robert to his previous position and pay him retroactively to the day he was terminated," Martinette wrote in the email. "As most of you know, I was vehemently opposed to the way this situation was handled, however, I carried out my duties as the chief to terminate this employee.
"I would ... appreciate a recommendation from the three of you that I can take to the city manager to put him back to work immediately."
Martinette declined to comment Monday, referring questions to Talbert.
According to Talbert on Tuesday, Hester's "personnel status has not changed."
A number listed for Hester was disconnected.
F.T. Norton: 343-2070
On Twitter: @FTNorton
Copyright 2013 - Star-News, Wilmington, N.C.
