Boynton Beach to appeal arbitrator’s decision to give job back to officer fired after deadly pursuit

Boynton Beach commissioners decided Tuesday night to try to prevent the rehiring of a veteran officer who was fired in 2022 after chasing a 13-year-old boy, who crashed and died on his dirt bike.

The city attorney will appeal an arbitrator’s recent decision that Mark Sohn, a nearly 20-year officer with Boynton Beach Police, should get his job back.

Sohn chased Stanley “SJ” Davis III the day after Christmas in 2021 after he attempted to pull over Davis at a gas station on North Federal Highway. Davis fled and crashed as Sohn chased him.

Sohn’s pursuit “clearly and unequivocally” violated the department’s policy, then-Interim City Manager James Stables wrote in Sohn’s termination letter in 2022. The policy says officers are only allowed to chase for forcible felonies. An Internal Affairs investigation suggested that Sohn, who had a history of engaging in multiple pursuits that ended in deaths, “attempted to conceal” that he was chasing Davis that afternoon.

Arbitrator James W. Mastriani wrote in a 43-page opinion dated May 20 that though Sohn did violate the pursuit policy, the city did not have just cause to fire him. Mastriani determined Sohn should get his job back without back pay and that any future violations of the policy would be grounds for him to immediately be fired. The city had 90 days to appeal the decision.

At Tuesday’s commission meeting, commissioners unanimously cleared the way for the city attorney to appeal the arbitrator’s award.  Vice Mayor Aimee Kelley, Commissioner Woodrow Hay and Commissioner Angela Cruz each gave approval to file the appeal. Mayor Ty Penserga and Commissioner Thomas Turkin were not at the meeting at the time of the vote.

“With the approval of the consent agenda, Boynton Beach city commissioners voted to appeal the decision of the arbitrator,” city spokesperson Dani Moschella said in a text message to the South Florida Sun Sentinel. “The city intends to exhaust all means in this case to ensure a fair and equitable process for the community and the city of Boynton Beach.”

Many community pastors, activists, Boynton Beach residents and Davis’s family members spoke during public comment, urging the city to appeal the arbitrator’s decision.

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