The state Court of Appeals has thrown out part of a ruling by Warren County Circuit Court concerning a fired Vicksburg police officer.

In a unanimous decision Tuesday, the court said the lower court erred in finding that former officer Anthony Lane was due more than a year’s back pay from the city following his 2005 suspension without pay from the force.

Lane, then 29, was indicted for sexual battery in July 2005 after having consensual sex with a 17-year-old Vicksburg High School student.  Lane was a school resource officer in June 2004 at the time of the incident. A separate indictment naming another officer, Bobby Jones, for similar charges involving the same girl, was dropped without trial. Jones has since returned to the police force.

A jury acquitted Lane of the charge in June 2006. A month later, the Board of Mayor and Aldermen fired Lane after he had been suspended without pay for nearly a year.

Lane’s termination was upheld by the Civil Service Commission, saying his “conduct was unbecoming of a police officer, that by virtue of his indictment and resulting trial and testimony given in that trial, that (Lane) had lost the trust and respect of the public, and that he had violated his oath” of office.

Lane appealed that ruling to circuit court, where Judge Isadore Patrick — who had presided over Lane’s criminal trial — ruled in January 2008 that while the commission acted within all state and federal law in its decision, Lane’s suspension without pay was without merit because of language in Lane’s suspension letter saying the suspension would stay in effect until “the court issues a decision…”  Patrick ruled it “is unquestioned” the charges to which the letter referred were the criminal charges.

All 10 appeals court judges reversed that portion of Patrick’s judgment, saying the circuit court ruling “failed to address the remaining contents of the letter,” including language that the Vicksburg Police Department would review his employment status once legal issues have been resolved. From that language, the appeals court ruled, “it cannot be concluded the Board promised Lane that he would be given back pay or reinstated if he were acquitted.”  A review of his employment status ensued, Tuesday’s ruling said, and “additional disclosures” during the trial resulted in Lane’s termination.

Lane’s attorney, Ramel Cotton, said Tuesday’s ruling likely will be appealed to the state Supreme Court, adding the appeals court likely wanted to avoid setting a precedent for all cases involving municipal employees and issues of back pay. He said the basis for Lane’s pursuit of back pay, which would span from his July 22, 2005, suspension to his July 19, 2006 termination, is the circuit court’s ruling that he was acquitted of the criminal charge.

While 16 is Mississippi’s age of legal consent, provisions in the sexual battery statute raise it to 18 when an adult is “in a position of trust or authority” over the teen. The statute lists 15 such roles: teacher, counselor, physician, psychiatrist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader and coach.

At least one attempt by state lawmakers to add “police officer” to the state’s sexual battery law has died in committee since the incident.

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Contact Danny Barrett Jr. at dbarrett@vicksburgpost.com