Detective Gescard Isnora has been fired and he will lose his pension as a result of Kelly's decision.
Commissioner Browne released a statement saying "There was nothing in the record to warrant overturning the decision of the department's trial judge."
Isnora and Officer Michael Carey both stood before a Police Department administrative trial last year.
Isnora was found to have acted improperly, firing his weapon outside of departmental guidelines.
Carey was found not guilty of improperly firing his weapon and will be allowed to remain a police officer.
Two other detectives involved in the shooting, Michael Oliver and Marc Cooper, reached a deal to retire and forfeit some pay but keep their pensions.
They are expected to hand in their papers on Monday.
The fifth detective involved, Paul Headley, has already left the department.
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