Kelly's attorney, Harry Stern, said Friday, "Based on the facts that I know, it sounds like a youthful indiscretion. I don't see how, under any stretch of the imagination, the crime of brandishing has been committed, which requires the weapon to be displayed in an angry, threatening manner."
In a statement released to The Chronicle, Oakland police said the department "takes all allegations of misconduct involving our employees seriously. Ensuring internal investigations are swift, fair and objective is our priority. We are conducting a thorough investigation into this incident, focused on discovering all pertinent facts and circumstances."
Kelly is on paid administrative leave, said Officer Johnna Watson, an Oakland police spokeswoman, pending investigations by San Francisco police and Oakland police internal affairs.
Kelly graduated from the police academy, the first in Oakland in four years, in March. His father is a retired San Francisco police inspector.