It happened back in October of 2009 when Brian Collins escaped from his cell and the Erie County Holding Center, winding up on the top of the building, hanging out on the facility for several hours while police figured out how to get him down.
Erie County Sheriff's officials claim Deputy Kyle Filipski was to blame for Collin's escape because Filipski never conducted a head-count after he came back from lunch, failed to walk-around the cells to make sure each inmate was accounted for; further, they claim video shows Filipski allowed Collins to walk alone back into his cell and shut his own door. It was at that point that Collins wedged the door open and was able to later escape.
Deputy Filipski was fired October 9, 2009, five days after the incident. Filipski was hired as a guard at the jail in 2001and did not have any prior disciplinary issues.
Union representatives argued Filipski's supervisor was also present during Filipski's October 4, 2009 shift and never corrected Deputy Filipski. They also claim other guards failed to perform those same duties and were never disciplined. Because of that, the arbitration judge sided with Filipski and gave him his job back.
The county has a right to appeal the decision. County representatives are expected to make that decision by mid March.
Meanwhile, Filipski can not go back to work until the county makes a decision on whether to appeal the decision.