Police commissioner reverses decision on booze cop, hails him as hero

Updated Wednesday, July 16th 2008, 9:19 AM

A detective who was disciplined after failing a mandatory booze test in the wake of an off-duty shooting was restored to full duty Wednesday, as the city's top cop praised him as a hero.

"At grave personal risk, Detective Ivan Davison took appropriate and courageous police action to end an imminent threat of death or serious injury to himself and others," Police Commissioner Raymond Kelly said.

Davison shot and wounded Stephen Allston, 22, early Sunday after the gunman flashed a Tec-9 during a Queens street fight. The off-duty detective blew a 0.09 after the shooting, becoming the first cop to fail the mandatory booze test imposed by Kelly after the 2006 Sean Bell shooting.

"As the shooting was investigated, witnesses were located and the facts became known, it became apparent that the shooting was within department guidelines," Kelly added.

The alcohol tests were never intended to be the only factor in deciding whether a shooting falls within department guidelines, Kelly said.

"We said from the beginning that it would be possible to have cases where officers might test positive for alcohol use, and also be found to have taken appropriate police action," Kelly said.

The commissioner praised Davison, a 15-year veteran, as a model cop and an example of "selfless dedication to duty."