PITTSBURGH (KDKA) — It was by all accounts a justified shooting. Several officers unloaded on accused child molester Leslie Sapp in January after Sapp brandished a very lethal-looking pellet gun.

But the case became muddled when it was learned that one of the shots came from the gun of Sheriff Deputy Rich Dwyer, who later failed a drug test, according to two laboratories.

“Both labs, their analysis yielded a positive result for the metabolite of cocaine,” said Allegheny County District Attorney Stephen Zappala.

The Sheriff’s Office immediately fired Dwyer, and the District Attorney launched an investigation to decide whether to charge the deputy criminally.

But Zappala determined that Dwyer did not fire the fatal shot, and that although he used cocaine 48 to 72 hours before, the deputy was not impaired at the time of the shooting.

“His demeanor, his response to commands, his preparation for this particular detail, and specifically in consideration of the lab analysis have concluded, one, that he was not under the influence of cocaine,” Zappala said.

Since his firing, Dwyer has not been paid while appealing to a neutral arbitrator.

Now, KDKA has learned that the arbitrator has ruled that Dwyer be reinstated, and sources say he returned to work on Friday.

This despite the fact that the Sheriff’s Office maintained that the positive test merited termination.

But the arbitrator decided that Dwyer should get his job back and have another chance, but sources indicate he will face regular drug testing and that this will be his last chance.

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