Oakland Cop Arrested in San Francisco for Showing Off Firearm

Woman wasn't impressed

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24-year-old Kevin Kelly is probably not the first cop to show off his firearm in an attempt to impress someone.  But the female IHOP server he was trying to impress at 2 in the morning was not, and the city he was in was decidedly anti-gun. She called police, who arrested Kelly for brandishing a firearm. Via the San Francisco Chronicle:

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. 

Comments

[PM]

Oakland police said the department "takes all allegations of misconduct involving our employees seriously.

That's right. We have a fair trial before we exonerate them.

[R C Dean]

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.

I wonder how many serfs have been convicted for "brandishing" in a non-angry, threatening manner in SF.

I don't wonder, however, about whether this cop will be convicted. He'll walk, Laws are for the little people.

[Tulpa (LAOL-VA)]

I'm all for open carry and the like, but guns aren't toys and they aren't hood ornaments. I'm not going to lose sleep over a guy who removed a gun from his holster to show it off to a person who hadn't asked to see it. That's fucking stupid.

And he told the cops at the scene that he was drunk, according to the article. Alky and guns don't mix.

[Paul.]

Alky, cops and guns definitely don't mix. Off with his head. Higher standards, let's see them.

[prolefeed]

I'm not going to lose sleep over a guy who removed a gun from his holster to show it off to a person who hadn't asked to see it. That's fucking stupid.

No, technically, that's your Second Amendment right, unless you think that 5 SCOTUS justices have the power to unilaterally amend the plain wording of the constitution.

[sarcasmic]

unless you think that 5 SCOTUS justices have the power to unilaterally amend the plain wording of the constitution

It doesn't matter what you think. They're going to do it anyway.

[Paul.]

unless you think that 5 SCOTUS justices have the power to unilaterally amend the plain wording of the constitution.

Considering they've done it already, "public use" became "public purpose", I'd say the only question left is, who's going to stop them?

[Tulpa (LAOL-VA)]

My copy of the Second Amendment mentions keeping and bearing arms. Where in the plain wording does it mention displaying them to unwilling parties?

Living Constitution types can't hold a candle to you guys when it comes to editing the Constitution to serve your personal opinions.

[sarcasmic]

Aaaaaaaaauuuuuugggggghhhhhhhh!

That's the sound of a straw man dying.

Fucking dishonest piece of shit.

[Pavlov's Cat]

And he told the cops at the scene that he was drunk, according to the article. Alky and guns don't mix.

Tell that to Alcohol, Tobacco and Firearms!

[BuSab Agent]

Don't forget the Explosives!

[Pavlov's Cat]

Damn. I thought all I was bringing were the chips. Back to Red Neck Mall for TNT!

I see Martha brought her own cup holder. http://2.bp.blogspot.com/_W638.....edneck.jpg

[Nazdrakke]

What cruelty! The dreaded paid vacation! Oh, the humanity..

[Crusty Juggler]

"Youthful indiscretion."
I hope all twenty-four year old men in Oakland County are writing that one down for later.

[The Late P Brooks]

HE FEARED FOR HIS LIFE!!

[Crusty Juggler]

Then again, is there a better way to pick up an IHOP waitress at 2am?

[Nazdrakke]

Money and drugs come right to mind.

[Crusty Juggler]

Wrong! You roll up your uniform sleeves, wink your left eye, upholster your weapon and wave it around for a bit.

Stupid civilians...

[Pavlov's Cat]

upholster your weapon

I suggest padded leather.

[R C Dean]

For the, err, weapon, or the waitress?

[Pavlov's Cat]

For the weapon, of course. The waitress is not an investment.

[Pavlov's Cat]

Then again, is there a better way to pick up an IHOP waitress at 2am?

If you want to bang waitresses, become a cook.
They have their defenses up against customers, but they relax and confide with their co-workers. With them being dependent on the cook's work, they learn to trust him. You're in like Flint.

[playa manhattan]

The money and drugs sound much easier.

[Pavlov's Cat]

I never got so much sex as when I was working my way through school grilling steak dishes in an upscale restaurant in a college town. I was just trying to pay the bills. No one was more shocked than me when I found myself with more college-girl tail than I had time for.

[Paul.]

s working my way through school grilling steak dishes

Good word for it.

[R C Dean]

You're in like Flint Flynn.

As in Errol. Around these parts, we tow the lion on these kinds of sayings.

[Paul.]

He's going with the James Coburn version.

[Pavlov's Cat]

Only way I ever knew it. Good to learn something new today. It also makes sense in connection with "in like Errol," which is something an old Aussie buddie of mine says.

Thank you, Mr Dean, for the correction, and Mr Paul, for the defense.

[Paul.]

I have Mr. Coburn's movie on DVD. I pop it in every so often.

[Pavlov's Cat]

I haven't seen either Flint movie since the '70s.

[Dead or In Jail]

Kelly is on paid administrative leave, said Officer Johnna Watson,

Serious question about "paid administrative leave."

Does this mean that he gets to sit at home and collect a check while watching The Price is Right or does it mean he still has to go to work and is just confined to doing deskwork?

I think it's the former but I'm not 100% sure. Also, if it's the former, that creates huge incentives for committing minor-but-investigable offenses and then taking the time to write your novel or practice your golf stroke...

[playa manhattan]

Paid leave = Paid vacation. Relieved of all duties.

[Paul.]

Paid to 'bate in front of the 'puter.

[Mickey Rat]

It is usually not a good idea to show a woman your weapon before you've closed the deal.

[Fist of Etiquette]

He briefly pointed it in her direction, and he pointed the weapon in an upward position, pointing it at the ceiling of the restaurant.

I wasn't too worked up until that part. Just seeing a firearm shouldn't but does cause the vapors. Having it pointed at you does deserve alarm. If true, and drinking or not, the guy - previously in the Marines - should know better.

[R C Dean]

I'm not sure I'd take an SF denizen's word about whether a weapon was pointed at them. Given the likelihood that such a denizen has no experience with guns, and is a hoplophobe to boot, their impression of when they have been "threatened" by a gun is likely to be, shall we say, non-standard.

[Tulpa (LAOL-VA)]

Apparently the H+R love of guns is stronger than the hatred of police.

[Francisco d Anconia]

God you're an asshole.

[sarcasmic]

You're only now figuring that out?

[Francisco d Anconia]

Just reaffirming my belief. I think it should be repeated often so that any newcomers won't waste their time on lending him any credibility.

[Tulpa (LAOL-VA)]

I don't need or want personal credibility. My arguments stand on their own.

[sarcasmic]

Your arguments stand on lies and fallacies, because that's all they are.

[Tulpa (LAOL-VA)]

I'm referring to the fact that RC takes the only information about what happened and discounts it because it doesn't fit with what he wants to believe. Usually when that happens here it's because people want to believe cops were in the wrong.

[Suthenboy]

RC is not H&R. He is being perfectly reasonable though.

Until now I just thought you were a bit of a dim bulb, but now I see you are pure troll.

[Tulpa (LAOL-VA)]

If you all agree with him, he may as well be H+R.

[Tulpa (LAOL-VA)]

Depends on the context. If there's any hostility or potential for hostility in an interaction, allowing a concealed gun to become visible is already brandishing IMHO.

The other day I was in a store arguing with the manager about getting my money back for something they claimed wasn't returnable. I was CCW-ing as always, and OC is legal in VA too. What happens if in the middle of my argument, I open my jacket to get a piece of paper out of my pocket and my holster becomes visible? I just struck fear into that mgr's heart.

Carrying a gun is a big responsibility. Expecting everyone else to adapt to your opinions is a no-no.

[sarcasmic]

Being such an asshole, it wouldn't surprise me if you drive people to violence on a regular basis. I can see why you carry a gun. It's probably the only reason you're still alive.

[Tulpa (LAOL-VA)]

Violence is the last refuge of the incompetent.

-- Salvor Hardin, Foundation

[Marc F Cheney]

What happens if in the middle of my argument, I open my jacket to get a piece of paper out of my pocket and my holster becomes visible?

Precisely nothing, at least as I was taught in CCW class.

[Tulpa (LAOL-VA)]

Depends on the jurisdiction, actually. In NYS that's definitely going to be considered a violation and at the very least they're taking your permit away.

[mad libertarian guy]

A former Marine ought to know better than to be in SF too. Any sense the Corps beat in to him, his new employer beat out of him for an entirely new set of ROE.

[The Late P Brooks]

At least his gun didn't go off in her face as he was "cleaning" it at the table.

[Tulpa (LAOL-VA)]

IHOP doesn't let you clean your guns at the table. You're thinking of Cracker Barrel.

[Tulpa (LAOL-VA)]

Honest question: why is this story in the "Gun Rights" category?

[Paul.]

Because waving a gun at a waitress in San Francisco is a right. Just like healthcare, French Literature degrees and high-paying jobs and debt forgiveness.

[Tulpa (LAOL-VA)]

I was just at a gun range/store in Richmond that has a cafe inside! With little tables and everything. And people were eating there.... I don't get it.

[Paul.]

Were they drinking coffee out of Demitasse? I want to see a guy with a wheel gun drinking out of Demitasse.

[Pavlov's Cat]

I was just at a gun range/store in Richmond that has a cafe inside! With little tables and everything. And people were eating there.... I don't get it.

You mean the Mosaic Express inside Colonial Shooting? It's kind of like the Starbucks they have inside Barnes & Noble. What's to get?

[Tulpa (LAOL-VA)]

It's not exactly a Barnes and Noble type of place. You don't sip on a latte while trying out a Makarov, at least I hope you're not.

[Pavlov's Cat]

It's not exactly a Barnes and Noble type of place. You don't sip on a latte while trying out a Makarov, at least I hope you're not.

I don't take my mocha to the Nook reader section either.

I shared a cup of English Breakfast with my wife while installing a bolt stop buffer pin and a Volquartsen Exact Edge extractor in my new 10/22-TDT. Does that count?

[Tulpa (LAOL-VA)]

Impressive. Does a muffin crumb in the action void the warranty?

[Pavlov's Cat]

Impressive.

Shouldn't be. They're both drop-in components and I first stripped a 10/22 40 years ago. The hardest part is not letting the tiny extractor spring get away from you. (I bought my first nail rake to find a trigger spring that landed in brown shag carpet.) I've gotten a lot of funny looks over the years for doing this inside a clear plastic bag.

Does a muffin crumb in the action void the warranty?

I imagine a banana nut muffin's walnuts would keep it out of battery and necessitate a good cleaning.

[R C Dean]

why is this story in the "Gun Rights" category

Because it has the potential to blossom into another example of how cops have gun rights that serfs don't, namely the right to display a weapon in public without going to jail for "brandishing."

[Francisco d Anconia]

In SF. Brandishing isn't a crime in all the "better" places in the world.

[Christophe]

Bingo.

One set of rules for the serfs.

Another one for the ruling class.

[Tulpa (LAOL-VA)]

So now you think he's guilty? That changed quick.

Anyway, it's not like he's getting off scot-free. They confiscated his gun and he still has to face a trial.

[Francisco d Anconia]

Because in your pea brain there can't be more than one issue associated with a given story.

1. The correctness of such a law to begin with.
2. Whether the law is enforced evenly to all
3. Whether safe handling procedures were used or would even be recognized.

You truly are an asshole.

[sarcasmic]

He's too busy flogging a straw man to notice anything else.

[sarcasmic]

You honestly believe a member of the department that got off scot-free after beating a homeless guy to death on camera will actually face any penalties?

Oh yeah. You're not honest. Stupid question.

[prolefeed]

why is this story in the "Gun Rights" category

Because you have the Second Amendment right to carry a weapon into any establishment that doesn't specify otherwise, SCOTUS decisions be damned.

Now, if the cop actually threatened her, or was foolish enough to commit a huge gun safety violation like inadvertently point a gun at her even momentarily, then fine, but it's not entirely clear that he did anything that should have resulted in any legal consequences whatsoever.

[Sevo]

Jeeze, guys, I thought I'd mined ALL the foolishness out of the Chron; missed this.

[Warren]

Anytime a cop upholsters his fire arm, a reasonable person should feel threatened.

[BuSab Agent]

Well it all depends on the fabric selection doesn't it?

[Wasteland Wanderer]

Black or red leather and studs is usually a Bad Sign...

[Marc F Cheney]

The only way this story could play out against any of my prejudices (regarding LEOs and SF) is if (1) the cop was in the wrong and (2) he is actually convicted of anything.

That's the totality of circs that I'd bet against.

[Jayburd]

He should get a misdemeanor endangerment of some sort and no possibility of promotion.

[Jayburd]

http://www.adn.com/2014/01/31/.....n-era.html Check out his final pay.