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Discussion Starter · #1 ·
PHILIP MESSING, MURRAY WEISS and ANDY GELLER

An off-duty detective who shot an armed thug to halt a brutal beating has become the first police officer to run afoul of new NYPD rules requiring cops to take Breathalyzer tests after firing their weapons, police sources said.
The 44-year-old detective from Brooklyn South Narcotics, a 15-year veteran of the force, was placed on modified duty and stripped of his weapon after the shooting at 2 a.m. Sunday, in which the thug opened fire first with a powerful Tec-9 automatic handgun, the sources said.
Stephon Allston, 22, a Queens man with a rap sheet, fired three shots but missed. The detective fired five times, hitting the suspect in the arm and leg. Allston fled but was later busted and charged with attempted murder.
Under rules adopted by the NYPD in October 2007 on the recommendation of Police Commissioner Ray Kelly, the detective was forced to take a Breathalyzer test - and failed it narrowly.
His blood-alcohol level was 0.10. The state limit is 0.08. For a man who weighs 160 pounds, that's six drinks in two hours.
Veteran officers said it was unlikely the detective would lose his job, but a senior police official said, "The jury is still out on this."
The rules, adopted after Sean Bell was killed in a hail of 50 police bullets on Nov. 25, 2006, are highly controversial in the department.
"Years ago, if you didn't take action, the department would accuse you of cowardice," a police source said. "Now they encourage you not to take action."
A veteran cop agreed: "Anybody who carries their gun off duty is an absolute idiot."
Mike Paladino, head of the Detectives Endowment Association, said the detective "did a heroic job, despite the results of any breath test."
So far, a dozen cops and six detectives have undergone Breathalyzer tests after firing their weapons, but the detective in Sunday's shooting is the first to be punished. A breath test is mandatory only if a cop hits someone.
Sean Sawyer, an off-duty narcotics cop who shot and killed a motorist in a Manhattan road-rage incident last year, disappeared for 19 hours after the shooting. Authorities suspect he did so to avoid a Breathalyzer test.
Sawyer was cleared by a grand jury last week.
In the shooting Sunday, the detective was with a seven people, including two off-duty correction officers who were waiting to enter a Queens club, when he saw four men walloping another, police sources said.
The detective and the others in his party went down the street to stop the beating. When they got there, Allston pulled out a Tec-9, jammed a magazine into it and cocked it, the sources said.
"I'm a police officer," the detective shouted, ordering Allston to drop his weapon.
Allston allegedly opened fire, fleeing when he was hit. He was arrested at Franklin Hospital in Valley Stream, LI, along with another suspect.

Story From:The New York Post.
 

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Based on the face value of what's been reported on the incident, the off-duty officer may very well have saved someone's life that night. That being said, I agree that he's also very foolish to be carrying a weapon while going out drinking. I think officers should carry off-duty but if you want to go out and get tanked, leave the weapon at home!

I find it rather interesting that the department policy is, "A breath test is mandatory only if a cop hits someone." So I guess they can't prove you were drunk if you miss what you were shooting at (which you're likely to do if you're drunk)? :rolleyes:
 

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Discussion Starter · #5 ·
'Drunk' NYPD Officer Returned to Full Duty

By CLEMENTE LISI

The off-duty detective punished for failing a sobriety test and placed on modified duty after he shot an armed thug who allegedly was firing at him was returned to full duty this morning after the shooting was "deemed to be within department guidelines," officials said.
Det. Ivan Davison, 44, had also been stripped of his weapon following the Sunday shooting of Stephon Allston, 22, who had allegedly fired three bullets at him with a powerful Tech-9 on a street in St. Albans, Queens.
Under rules adopted by the NYPD last year, Davison was forced to take a sobriety test - and failed after his blood-alcohol level came in at 0.09.
The state limit for driving a car is 0.08.
Police Commissioner Ray Kelly said Davison was taken off modified duty because "as the shooting was investigated, witnesses were located and the facts became known, it became apparent that the shooting was within department guidelines."
Kelly said the new policy to give cops Breathalyzer tests after they shoot their guns - an edict that came down following the No. 25, 2006 death of Sean Bell in a barrage of 50 police bullets - was "never intended to require an automatic change of duty status. Alcohol test results are weighed as part of the totality of circumstances in such cases."
Davison, a 15-year veteran who works out of Brooklyn South Narcotics, shot Allston in the arm and leg early Sunday at the intersection of Linden and Farmers boulevards.
Davison, who was off-duty, identified himself as a cop and fired five bullets after Allston fired three shots at him.
Allston and two of his buddies were beating up another man when Davison tried to break up the melee.
Allston was later arrested and charged with attempted murder. Two of Allston's accomplices, Javon Goldson, 27, and Rasheem Anderson, 24 - have been charged with attempted gang assault.
In the wake of the shooting, Detective Endowment Association President Michael Palladino controversially called on officers to "call 911 and allow the crime to continue" if they witness something while off-duty.
Kelly said Davison "took appropriate and courageous police action."
"He demonstrated what many have come to expect of New York City police officers, on duty or off, that is selfless dedication to duty," added Kelly.

Story From: The New York Post
 

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Discussion Starter · #6 ·
Off-duty cops 'should call 911' instead

By Larry Celona, Murray Weiss and Clemente Lisi
The New York Post
NEW YORK - In the wake of a cop being punished for failing a sobriety test after firing back at a thug, union officials said off-duty officers should no longer break up crimes -- they should just call 911.
"The message from the NYPD is crystal clear. When you are off duty, act in a civilian capacity. Get a good description, call 911 and allow the crime to continue," said Michael Palladino, president of the Detectives Endowment Association.
Another union official said: "You're a cop eight hours a day. Call 911 the rest of the time."
Detective Ivan Davison, 44, was placed on modified duty and stripped of his weapon after he shot Stephon Allston, 22, who had allegedly fired three bullets at him on a street in St. Albans, Queens.
Under rules adopted by the NYPD last year, Davison was forced to take a sobriety test -- and failed after his blood-alcohol level came in at 0.09. The state limit for driving a car is 0.08.
After the shooting early Sunday, Davison dialed 911.
"I've shot someone," Davison told the dispatcher, according to a source. "I need assistance."
Davison later told friends, "It's a miracle I wasn't hit."
Police Commissioner Ray Kelly adopted the controversial rule after Sean Bell was killed in 2006, in a hail of 50 police bullets outside a Queens strip club where undercover officers were drinking.
Yesterday, Mayor Bloomberg came to Davison's defense.
"I think the officer acted correctly," he said. "He was off-duty, he was enjoying himself, he has a right to do that. Off-duty police officers have the right to carry weapons. He saw people's lives were threatened and he took appropriate action to stop that."
The NYPD said the shooting appeared to be justified and that Davison faced an "imminent threat of serious physical injury or death."
"The fact that alcohol may have been consumed off duty doesn't necessarily mean that a shooting was outside of department guidelines," said spokesman Paul Browne.
The cop and detective unions have taken the NYPD to court, arguing the rule is unconstitutional and violates officers' protection against unreasonable searches. The case is pending.
Davison, who works out of Brooklyn South Narcotics, was with six friends when he saw several thugs savagely beating a man. Davison and his buddies broke up the fight - but not before Allston pulled a gun, the cop reported.
Davison said he identified himself as a cop, then squeezed off four bullets at Allston. The suspect had allegedly fired three shots with a Tec-9 at 2 a.m. at Linden and Farmers boulevards.
While the bullets missed Davison, the 15-year veteran fired five times - hitting the Alston in the arm and leg.
Allston jumped in a car driven by a man identified as Javon Goldson and was later arrested on attempted-murder charges at Franklin General Hospital in Valley Stream, LI, cops said.
His mother said, "My son is not a thug. He was playing with his friends."
Two of Allston's alleged accomplices, Goldson and Rasheem Anderson, were charged with attempted gang assault.
After the shooting, Internal Affairs Bureau Chief Charles Campisi ordered Davison, who went to a hospital after the shooting because he suffers from high blood pressure, to check himself out or face suspension, sources said.
Davison had taken a sobriety test at the hospital a short time after the shooting, but Campisi wanted him to take a more sophisticated test at a police facility.
After union officials interceded on Davison's behalf, the cop refused to leave the hospital and the NYPD was eventually given a court order to take his blood.
"This is why we need a court to decide this policy - because of overzealous police commanders," Palladino said.

Wire Service
 
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