SAN FRANCISCO -- A rookie Oakland police officer is under criminal investigation by San Francisco police and the District Attorney's Office on suspicion he brandished a pistol at a customer in a Marina District IHOP restaurant while he was off duty, authorities said.

Officer Kevin Kelly, 24, who graduated from the police academy in March 2013, is also the subject of an internal affairs investigation by Oakland police in the incident and could face termination, officials said.

He is presently on paid administrative leave.

San Francisco police Officer Albie Esparza said that about 2:40 a.m. Sunday, Kelly, who had been drinking, was talking with a woman customer at the restaurant and trying to impress her that he was a police officer. He did not know the woman and when she remained skeptical, he pulled out his own handgun and brandished it in front of her and at the ceiling, Esparza said.

The frightened women told restaurant staff, who called police.

Kelly was arrested on suspicion of brandishing a firearm and was taken to Northern Station, where he was cited and released. He is scheduled to appear in court next month and had not been charged as of Friday.

The gun was seized by police and booked into evidence.


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Because Kelly is a rookie officer, he's on probation for the first 12 months of the job and could be fired without cause. Under the law, he would still have appeal rights, however.

Oakland police Officer Johnna Watson said, "The Oakland Police 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's father is a San Francisco police inspector who pinned his son's Oakland police badge on him at the March 22, 2013, graduation ceremony at the Scottish Rite Center.

Harry Harris contributed to this report. Contact Natalie Neysa Alund at 510-293-2469. Follow her at Twitter.com/nataliealund.