Former Atlanta Police officer Garrett Rolfe, who was charged with murder in the fatal shooting of Rayshard Brooks, has been reinstated by the city’s Civil Service Board.

“Due to the City’s failure to comply with several provisions of the Code and the information received during witnesses’ testimony, the Board concludes the Appellant was not afforded his right to due process,” the board concluded. “Therefore, the Board grants the Appeal of Garrett Rolfe and revokes his dismissal as an employee of the APD.”

Rolfe won’t actually be allowed to return to work, as his bond prevents him from possessing a firearm or being around other officers, said attorney Lance LoRusso, who represented the 28-year-old officer in front of the civil service board.

Rolfe was fired last June one day after he shot Brooks in a Wendy’s parking lot. A scuffle followed after Brooks struck the other officer on the scene, Devin Brosnan, hard enough to cause a concussion, grabbed his Taser and aimed it at Rolfe, who then fired, the Atlanta Journal-Constitution reports.

Brooks’ death led to widespread unrest in the city; the Wendy’s was torched and later razed. Activists opposed to Rolfe’s reinstatement have planned a protest for tonight.

Rolfe was charged with felony murder within a week of Brooks’ death by former Fulton County District Attorney Paul Howard. Brosnan, who wasn’t fired, faces lesser charges including aggravated assault.

That case remains in limbo, however, as Howard’s successor, Fani Willis, has sought to recuse her office. Georgia Attorney General Chris Carr denied Willis’ recusal, and a judge has yet to decide what happens next.

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