INDIANAPOLIS | The Indiana Court of Appeals has upheld the firing of a Hammond police sergeant who took an armed civilian with him for a Dec. 31, 2005, ride-along that ended with the shooting of a suspect.

The appeals court affirmed the Hammond Board of Safety and Public Works' decision to terminate Sgt. Timothy Thomas in October 2006.

The board ruled that Thomas let Nicholas Kokot, a former East Chicago police officer at the time, accompany him on patrol without permission from supervisors and later attempted to conceal the ride-along.

The board, which was acting on a recommendation from Hammond Police Chief Brian Miller, also determined that Thomas deputized Kokot, who that night was outfitted with a bullet-proof vest, side arm and AR15 assault rifle.

Thomas and Kokot responded to a call of shots fired in the 1100 block of Moss Street, the board ruled, without contacting dispatch or requesting back up. The incident ended with Thomas shooting a Hammond man who was running toward him.

The appeals court on Wednesday upheld Thomas' dismissal, ruling the board had appropriate evidence to support it's decision.

"Thomas's argument to the contrary is essentially an invitation to reweigh the evidence in his favor, which we may not do," Judge Terry Crone wrote in the 3-0 decision. "There is no dispute that Thomas's report omitted any reference to his gun-toting sidekick's presence at and involvement in the police-action shooting on Moss Street. By any reasonable measure, Thomas' report was incomplete."