Washington v. Department of Police

The majority concludes “that his partner [Foley] had taken the weapon for his own personal use.” That premise, whether or not correct, does not support Washington’s dismissal.

The Civil Service Commission said:

In regard to appellant Washington, this is an especially difficult decision. He was found guilty not because he was the active participant — Appellant Foley was, but because he knew or rather should have known what was being done with the weapon. Unfortunately, he did not testify at the hearing and must therefore suffer the same fate as Foley.

(My emphasis)

Washington had no obligation to…