Click here to read trooper court ruling

North Carolina's second highest court says a fired state trooper, seen kicking his K-9 partner nearly five years ago on video, should get be reinstated with back pay.

Charles Jones was fired in 2007 after video surfaced of him kicking "Ricoh" that was recorded by a fellow trooper. Jones sued the state over his firing, and several judges have agreed. On Tuesday the North Carolina Court of Appeals agreed as well.

To read the Appeals Court ruling, click on the link at the top of the story.

Jones was a sergeant with 13 years of service when he was fired in September 2007.

He was fired on the orders of then-Gov. Mike Easley after the video clips surfaced showing the trooper hoisting "Ricoh" off the ground and kicking him five times.

A Wake County judge two years ago ruled that Jones' actions were no worse than the Highway Patrol's accepted methods of training dogs for police service.

There's no word yet whether the state will appeal Tuesday's ruling. “We have been made aware of the court’s decision but have not yet had an opportunity to fully review it or to discuss it with the attorney general’s office. Accordingly, any public statement at this time would be premature,” said First Sergeant Jeff Gordon