APEX - A state trooper fired last year for kicking his police dog is now a patrol officer with the Apex Police Department, according to the town's manager.

Charlie Jones, a 14-year veteran and sergeant with the N.C. State Highway Patrol, was fired in September after he was captured on cell phone video kicking his dog.

The video, which shows Jones suspending his canine partner Ricoh from a railing and then kicking him at least five times, created an avalanche of protest from residents across the state, including Gov. Mike Easley, who wanted the veteran trooper fired. Jones was eventually fired by Bryan Beatty, the secretary of the state Department of Crime Control and Public Safety, which oversees the patrol.

Apex hired Jones four months after he was fired. His starting salary is $39,083 a year, about two-thirds of his annual salary with the Highway Patrol.

Apex Town Manager Bruce Radford said the town's decision to hire Jones was justified when a judge said last month that the trooper was fired under improper pressure from the governor's office and should be reinstated with back pay.

Radford said administrative law Judge Fred Morrison Jr. ruled that Jones appeared to be operating within the scope of his training when the incident occurred and said the trooper was not afforded due process.

"Our question is that if someone is alleged to have made a mistake, then does it rise to the level where they are unable to work?" Radford said. "We are pleased to have him. We believe in second chances."

The ruling last month from Morrison is a recommendation. The State Personnel Commission will make the final decision about whether Jones can be reinstated with the Highway Patrol.