Five Birmingham police officers fired in 2009 amid allegations of excessive force were reinstated Tuesday by a unanimous vote of the three-member Jefferson County Personnel Board, setting up what could be a quick return to work.

The officers hugged each other, their attorneys and friends and family following the decision.

"God fought my battle," Kenneth Prevo said after the unanimous vote. "When you know in your heart that what you did is right, you don't put too much time into worrying about things you can't control.

"The decision was made by man; it was overturned by man, but God was my attorney on this," Prevo said.

The city of Birmingham can appeal the decision of the three-member board. Birmingham Mayor William Bell said he will make a decision about whether to appeal by next week.

He said he must decide if "the stars are aligned" to make that move and dedicate resources necessary for that action.

"Right now I'm in consultation with the attorney for the city as well as the police chief to see what our options are, and depending on those options we'll take the appropriate measures," Bell said.

Police officials have declined comment.

If the board's ruling stands, the officers will be quickly put back to work and receive full back pay and benefits dating back to May 14, 2009, said attorney Gayle Gear who represented several of the officers. "It doesn't take very long," she said. "In fact, they could make that phone call today to start the transition. They may want some additional training before they make the decision of where to place them."

"They're happy. They're joyful. They've got their jobs back," said David Crews, president of the Fraternal Order of Police. "For two years, they've been through ups and downs and not knowing. Finally it's over. They've got closure."

Thomas Cleveland said all five of the officers have endured undue stress and criticism since the incident was made public.

"People don't understand the role of a police officer and the stresses we go through," Cleveland said. "None of the five of us knew at that particular moment whether we were going to be alive or not 15 seconds later."

Board members Ann Florie, Lonnie Washington and Chairman Kenneth Moore followed the recommendation made two weeks ago by a hearing officer. Jim Sturdivant said city officials didn't provide any testimony during a daylong hearing to support the firings of David Doran, Barrett Dewitt, Heath Boackle, Prevo and Cleveland.

At Tuesday's meeting, Moore said, "One of the wondrous things about being on this board is that we are relieved of anything political at all. We don't have to do anything but follow the law."

According to the Tuesday ruling, "the hearing officers found 'that the city failed to present any evidence in support of termination of the five officers.' The city was provided ample opportunity and was urged repeatedly by the hearing officer to present evidence to support the city's decision to terminate the (officers). For reasons known only to the City of Birmingham, it failed to do so."

Attorney Michael Choy, who represented the city in the hearing and also will defend the city in a civil lawsuit set for September, said, "We respect the process, and we respect the board's decision."

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All five officers were fired in 2009 after an incident came to light and made national headlines via a videotape of officers striking Anthony Warren, a suspect who led officers on a chase through several cities. Warren is serving 20 years in prison for his assault on the Hoover officer .

At the time the officers were fired, Birmingham Police Chief A.C. Roper held a news conference at which he said there was a failure in policy, personnel, training, procedures and supervision.

A grand jury later indicted Doran and Dewitt, but they were found not guilty of wrongdoing in federal court earlier this year. The other three officers were never criminally charged.

On Tuesday, a couple of the officers spoke out about their ordeal. Cleveland said it was tough to have the public judge him for 1.47 seconds of a 17-year career, especially since the public was doing so "in the comfort of their own homes, not knowing what we knew at the time."

"I've been unemployed for two years. My wife has been very supportive; the FOP has been very supportive, and there's been a lot of support from the community," Cleveland said. "I've had people stop me on the street and give me money because they knew who I was and what a terrible time I was going through."

Like most of the officers involved, Cleveland had to cash in his pension and deferred compensation to make ends meet. "I'm struggling," he said. "I'm ready to get it all behind me."

He said he was thankful the personnel board made what he considered to be the right decision. "They didn't have to confirm his recommendation, although it would have been highly unusual had they not," he said. "But after the past two years and the struggles we've been through, at this point you can't take anything for granted."

Prevo, a 15-year veteran law officer, said he will return to work as soon as he gets his orders.

"I guess I've got to get back on the street and see if I still have this police thing in my heart, and reassess the value of putting my life on the line for a public who doesn't care, and knowing that at any time a man can take it away from me," he said.

He said police officers have always been a "whipping post" for the public, one of the things he had hoped to change when he joined the force.

"It's going to be difficult for me to go there with that same vigor, that same heartfelt desire, the same sacrifice I was willing to make then," he said. "I will go back whenever they tell me to go back. I took that oath. Until then, I will continue to live life in God's hands."

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