NYPD Commissioner Jessica Tisch has overruled a departmental judge’s recommendation to fire Lieutenant Jonathan Rivera, who fatally shot an unarmed man, Allan Feliz, during a Bronx traffic stop in 2019. According to Gothamist, Tisch justified her decision by citing an "intense physical struggle" and Rivera's belief that he was protecting his fellow officer's life. The incident, which began over an alleged seatbelt violation, escalated when Feliz attempted to flee and resulted in Rivera firing a single fatal shot.
NYPD Judge Rosemarie Maldonado had recommended Rivera's termination after the departmental trial, aligning with the city's police watchdogs' stance. However, Tisch concluded that Rivera's actions were reasonable under the circumstances, despite Maldonado’s assertion that the use of deadly force requires a more substantial justification than the mere possibility of danger. Rivera's promotion to lieutenant following the shooting was also noted by, The Post.
Tisch's ruling mirrors the decision by state Attorney General Letitia James, who found insufficient evidence to prove Rivera's use of force to be unjustified beyond a reasonable doubt. This aligns with the NYPD commissioner's authority to make final decisions on officer discipline, even when departmental trials suggest a lower proof standard than criminal proceedings. The shootout, caught on bodycam, added weight to Tisch's evaluation of the confrontation.
Critics of the ruling include the Feliz family and police accountability groups, with Tess Weiner, a spokesperson for the Justice Committee, stating through Gothamist that Tisch's decision "sends a clear and terrifying message to officers that they can racially profile, abuse, and kill people with absolute impunity — and they’ll be protected at the highest levels." On the other hand, advocates for Rivera, such as Lou Turco, president of the Lieutenants Benevolent Association, commended Tisch for her support of NYPD officers, stating "our commissioner will back officers acting in good faith performance of their duties, no matter the political risks."
The Feliz family expressed their outrage over the decision, highlighting the emotional strain of watching Rivera, not only avoid dismissal but also maintain his armed status within the NYPD. Allan Feliz’s death has led to a $350 million lawsuit against the city and the NYPD by his family, claiming patterns of racial profiling and excessive use of force. The struggle that led to Feliz's death was captured on video, causing his family, according to The Post, profound distress and reopening wounds with each viewing of the footage.
