An administrative law judge has determined that an N.C. Highway Patrol captain never intended to make a racial remark that came out inadvertently and therefore should not have been suspended for five days.

Capt. Norman Goering was disciplined after a photo shoot of troopers in July 2007 in which he had said "black in back." He immediately apologized for the remark, saying that he had intended to say "tall in back" but tripped over his words, Dan Kane reports.

A lieutenant heard the remark and reported it, leading to an internal investigation. The investigation initially led to Goering's demotion to lieutenant, but then he was reinstated with the five-day suspension.

Administrative Law Judge Shannon Joseph determined after a hearing that no one had found Goering's remark to be intentional, and that the captain had an "exemplary" 26-year-history with the patrol. She said he should receive pay or benefits that were lost as a result of the suspension, and reasonable legal fees.

The State Personnel Commission will decide whether to accept the judge's findings.