The 22-year-old son of Boston Police Commissioner Edward F. Davis was about to drive home from the TD Garden Monday night when a patrolman stopped him, concerned he might have had too much to drink to be behind the wheel, according to a report.
Philip Davis was not arrested, but Suffolk prosecutors are trying to determine whether any charges should be brought against him.
Davis had just left the Garden with his girlfriend and had gone into a parking garage heading to his truck, when a passerby saw him. The witness alerted an officer who was just finishing his shift that Davis appeared to be under the influence of alcohol and had just gotten inside a blue pickup truck, according to a report written by Superintendent-in-Chief Daniel Linskey.
The officer waited outside the garage until he saw the truck leaving. The officer stopped him, began talking to Davis and determined that Davis had been drinking, but was unsure if he was impaired.
Davis, the report stated, told the officer that his father is the commissioner and said “something to the effect that he wouldn’t want to upset the officer or his father,’’ according to the report.
“ ‘If you’re concerned I can just park the car and get home another way,’’’ Davis allegedly said.
The officer, who also noted that it had been snowing that night, agreed that was the best solution. He then offered Davis and his girlfriend a ride home, but said he needed to clear it first with his duty supervisor.
“After completing his paperwork and tour of duty, Officer drove them to their home,’’ Linskey wrote.
Linskey wrote the report after the commissioner directed him on Tuesday to conduct an investigation into what happened.
“Commissioner Davis informed me that he was removing himself of any involvement in this investigation,’’ Linskey wrote.
The commissioner told Linskey he should seek guidance from the city’s corporation counsel if he needed it. Linskey notified the Suffolk District Attorney Daniel Conley’s office about the incident, according to the report.
Commissioner Davis declined to comment through his spokeswoman, Cheryl Fiandaca.
“All appropriate protocol has been followed,’’ Fiandaca said. “The investigation has been turned over to the district attorney’s office to determine what, if anything, will happen next.’’
Jake Wark, a spokesman for Conley, confirmed that Linskey called Conley’s top prosecutor, First Assistant District Attorney Patrick Haggan.
He said it is too early to determine whether any charges would be filed.
“We haven’t seen the reports so we’re not quite prepared to comment on that,’’ Wark said.