ERic Parker Trial

Madison Police Officer Eric Parker trial at Federal Courthouse in Huntsville, Ala. (Bob Gathany/bgathany@AL.com) ORG XMIT: ALA1510292229170671

(Bob Gathany)

Madison Police Officer Eric Parker is back from leave and headed for active duty today after Madison's acting police chief decided he did not violate policy in the sidewalk stop and takedown of an Indian pedestrian that led to federal civil rights charges and international publicity.

Major Jim Cooke, acting chief, said in a memo published today by AL.Com news partner WHNT News 19 that Parker is back from administrative leave until he completes re-certification requirements. "After his training is complete," Cooke wrote, "he will receive his duty assignment."

Parker and a trainee stopped Sureshbhai Patel on Feb. 6, 2015, walking near his son's house days after Patel's arrival from India. The stop ended with Patel on the ground needing spinal surgery, and Madison police moving to fire Parker and have him arrested for assault.

Parker was later charged by the U.S. Attorney's Office with a more serious civil rights violation that carried up to 10 years in prison. Parker faced back-to-back trials last year, both of which ended in a hung jury. The judge acquitted Parker earlier this year, saying there was no reason to expect a third jury to find differently.

The state then dropped the assault charge and Parker appealed his dismissal from the Madison force.

A lawsuit by the Patel family is still pending against the department. Police Chief Larry Muncey, who had recommended Parker be fired and testified that Parker violated department policy, is on administrative leave for his communication with police witnesses during the first federal trial.

"I have extensively reviewed all of the documentation regarding the case," Cooke said in today's memo, "and I have made the factual determination that Officer Parker's actions in February 2015 did not amount to a policy violation. This decision was based on the review of all departmental and court determination."

Cooke said in the memo he realized "some will question my decision" and said he "cannot share the internal documentation that led me to this conclusion."

He encouraged those reading the memo to to read the Memorandum Opinion issued by Federal Judge Madeline H. Haikala after Officer Parker's second federal trial, wherein she wrote, "[T]he evidence demonstrates that Officer Parker complied with MPD policy regarding preliminary investigations of suspicious individuals and MPD's 'Response to Resistance' policy...Officer Parker made a split-second decision in a rapidly evolving situation rather than a premeditated decision to use violent force."

Attempts to reach Cooke and Parker's attorney, Robert Tuten, for further comment were unsuccessful early Tuesday morning.