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SAN ANTONIO, TX — A former police officer accused of giving a homeless man a “dog feces sandwich” in 2016 has won his appeal. An arbitrator sided with Matthew Luckhurst after the San Antonio Police Department failed to punish him within 180 days of the alleged incident and due to a lack of evidence, the New York Daily News reported.

On May 6, 2016, Luckhurst, who was a bicycle patrol officer, allegedly picked up some dog feces with some bread to avoid on stepping on it, the Daily News added. Luckhurst then placed the bread in a container and left it near a homeless man, CBS DFW reported.

Luckhurst was dismissed on Oct. 28, 2016.

“The arbitrator overturned Luckhurst’s indefinite suspension due to a violation of the 180-day provision, noting that Internal Affairs investigators ‘had (the) ability to corroborate testimony by means of having the video tape preserved and reviewed’ but did not,” ABC-affiliate KSAT reported.

Luckhurst has not been reinstated. He still faces a second indefinite suspension issued in December 2016 from a separate incident on June 12, 2016, which also involved feces, KSAT said.

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