In a move that's drawn both ire and support, NYPD Commissioner Jessica Tisch has decided to retain an officer involved in a fatal shooting, despite a judge's recommendation for his termination. According to The New York Times, Tisch overruled the administrative judge's suggestion to fire Lieutenant Jonathan Rivera, who shot and killed Allan Feliz after a 2019 traffic stop escalated into a fatal encounter.
The controversy centers on an incident from October 17, 2019, where Feliz, who was unarmed, was pulled over for not wearing a seatbelt and subsequently shot by Rivera. Rivera, who was a sergeant at the time of the incident and has since been promoted, claimed he acted in defense of another officer. The City Council leaders, expressing their discontent with Tisch's decision, "urged her to 'reject the corrupt status quo practices of the past' and terminate the officer," as reported by Gothamist. In a statement, Council Speaker Adrienne Adams and Deputy Speaker Diana Ayala called the decision "egregious."
Backing her stance, Commissioner Tisch contended that Rivera made "a fair and realistic assessment of an incredibly fast-moving, dangerous situation," as reported by The New York Times. Her decision was informed in part by a report from the state attorney general, which did not find grounds for prosecution. In response, Feliz's family released a statement saying they were "furious and devastated by Commissioner Tisch’s outrageous, cowardly and shameful decision." They have filed a lawsuit against the city alleging racial profiling and excessive force by officers.
On the other side of the debate, union representatives have defended Tisch's choice. Vincent Vallelong, president of the Sergeants Benevolent Association, said in a statement that Lieutenant Rivera "had to take immediate action in a millisecond, and undoubtedly saved both his life and the life of his partner." Despite this defense, NYPD Judge Rosemarie Maldonado had previously concluded that Rivera fired at Feliz needlessly, agreeing with the city's police watchdogs, the Civilian Complaint Review Board, which also faulted Rivera. In her recommendation, Maldonado criticized Rivera for failing to confirm whether Officer Barrett, who had retreated from the vehicle before the shooting, was indeed in danger, as per The New York Times.
The decision to keep Rivera on the force reflects a rare break from the norm, as since 2013, commissioners have sided with the administrative judge in 90% of decisions of similar nature, according to Civilian Complaint Review Board records. Jonathan Darche, executive director of the board, expressed his hope in a statement that they would be able to persuade the commissioner to uphold Deputy Commissioner Maldonado’s finding.
