The family of a man fatally shot by police during a 2019 traffic stop in the Bronx is urging NYPD Commissioner Jessica Tisch to reconsider her decision to retain the officer who pulled the trigger.
For more than five years, the loved ones of 31-year-old Allan Feliz have called for the dismissal of Sergeant Jonathan Rivera, who was not only allowed to remain on the force after the deadly shooting but has since been promoted to lieutenant. Although an NYPD administrative judge recommended Rivera be fired, Tisch signaled in a letter to the Civilian Complaint Review Board (CCRB) that she considered the shooting justified and planned to overturn the recommendation, allowing Rivera to stay on the job.
“I am responsible for making the final disciplinary determination in this matter. The dispositive legal question before me is whether the shooting was justified because Respondent reasonably believed that his use of deadly force against Mr. Feliz was necessary to prevent the imminent use of deadly physical force against another person,” part of the letter read. “Respondent discharged his firearm because he believed that doing so was necessary to save the life of his fellow officer.”
In response, an outraged Feliz family gathered outside NYPD headquarters on Tuesday evening, joined by supporters and elected officials, to denounce Commissioner Tisch’s decision.
“I’m devastated by Commissioner Tisch’s shameful preliminary decision not to fire Lt. Rivera for killing Allan. Allan should be alive today, spending time with his family and his children. Instead, we are here, almost six years later, demanding the bare minimum: for Rivera to be fired,” said Julie Aquino, the mother of Feliz’s son.
Feliz’s mother, Mery Verdeja, said the decision has left her disillusioned with the city and its police force.
“I have lost all faith in the NYPD and this city’s administration,” Verdeja said. “When I arrived in this country, I believed the police were here to protect us and uphold the law. Lt. Rivera, Mayor Adams, and Commissioner Tisch have made it very clear that this is not the case. Commissioner Tisch, despite her promises, has proven that the police cannot hold themselves accountable. This preliminary decision of hers is a mockery of justice.”
Feliz was fatally shot during a 2019 traffic stop after officers pulled him over for not wearing a seatbelt. During the stop, police discovered that Feliz had outstanding arrest warrants and attempted to search him. According to the NYPD, he tried to flee the scene, prompting Sergeant Rivera to deploy his Taser. When the car continued moving, Rivera fired his weapon, striking Feliz in the chest.
The shooting drew widespread condemnation from Feliz’s family and supporters, and an NYPD administrative judge later recommended Rivera be dismissed from the force. However, the decision to retain Rivera has been backed by Police Benevolent Association President Patrick Hendry.
“This is an important decision that recognizes the difficult, split-second choices that NYPD members must make in life-or-death situations. Police officers cannot do our job effectively without leaders who support us and who understand the dangerous realities we face. Commissioner Tisch has shown that kind of leadership with this decision,” Hendry said.
A final ruling by the CCRB on Rivera’s fate is expected by Friday, where Tisch will have to make the final decision.
