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HPD Officer Reinstated Following Nude Photo Scandal

Arbitrator Agrees With Officer's Attorney That Punishment Too Harsh

POSTED: 4:58 pm CST January 16, 2006
UPDATED: 5:10 pm CST January 16, 2006

HOUSTON -- A Houston police officer has been reinstated even though authorities said he embarrassed the department by passing along nude pictures of a woman he arrested, KPRC Local 2 reported on Monday.

A civil service arbitrator ordered Officer George Miller reinstated Friday after serving an eight-month suspension without pay.

Miller was fired in May after he and Officer Christopher Green were accused of downloading nude pictures of Yanhong Gang, a drunken driving suspect the officers arrested on Nov. 25, 2004.

After the arrest, authorities said Miller found nude photos on Gang's cell phone. Investigators said Miller then gave the phone and photos to Green, who transferred the pictures to his personal digital assistant.

Miller and Green were suspended indefinitely after Gang complained about the officer's actions.

However, attorney Marc Hill said the punishment for Miller's crime was too severe.

"It was a high-profile case and that is how the city attorney argued it -- 'It's a big embarrassment to us. It's a high-profile case.' But just because somebody looks at it one way doesn't necessarily mean its a fireable offense. An arbitrator held it under the law that it's not," Hill told KPRC Local 2.

Gang declined to talk with KPRC Local 2 on camera, but her attorney, Ned Gill, said she was disappointed with Friday's decision.

"She's disappointed in the ruling and feels if he's still going to be a police officer, he needs to get sensitivity training," Gill said.

Through a spokesman, Houston Police Department Chief Harold Hurtt said he stands by his decision to fire Miller but said he accepts the arbitrator's ruling.

Green remains suspended, pending the outcome of his appeal.

Miller and Green were assigned to the department's drunken-driving task force.

Gang, 26, was found guilty of the misdemeanor charge on Sept. 8, 2005. She was sentenced to one-year probation, a $400 fine, 40 hours community service and time with victims of drunken drivers.

Testimony in Gang's trial included two breath tests showing an alcohol content of 0.116 percent and 0.119 percent. The legal limit is 0.08 percent. A video showed her struggling with field-sobriety tests.