A Wayne police officer has been reinstated to the police force after losing his job for neglecting his duties.

Erik Ferschman was allegedly at a diner during an unauthorized break outside of his patrol zone. During the break, Ferschman received a call about a person in cardiac arrest in a nursing home.

After receiving the call, Ferschman allegedly stayed at the diner for a few more minutes to take a few more bites of his food.

His attorney says that the person’s death was not because his client was late too respond.

A judge reinstated Ferschman back into the police force Thursday.