If the member is found not guilty of such criminal charges he or she shall be paid full back pay for the period of suspension. However, the felony charges Worthy faced in August as well as his parole status and lengthy record could have mandated bail.The Department prepared a report recommending that charges and specifications be preferred. After a one month suspension, the officer resigned. In order to utilize the exception the employer must allege, in the charges, facts that satisfy the elements of a crime. Officers are leaving the NYPD at record rates. The Elements of Unlawful Fleeing a Police Officer in a Vehicle in the Third Degree. 1) Convicting him or her of a felony;. 2) Convicting him or her of a crime involving a violation of his or her oath of office;.