Roughly five months ago, NYPD deputy commissioner Rosemarie Maldonado determined Lt. Jonathan Rivera violated department guidelines when he killed Allan Feliz, a Washington Heights man, during a 2019 traffic stop. He would be fired based on the NYPD disciplinary matrix.
But police commissioner Jessica Tisch gets final say on disciplinary measures without a formal deadline. For months, Feliz’s family waited. On Mother’s Day, his mom Mery Verdeja and his long-time partner Julie Aquino penned a letter to Tisch for an answer and accountability. On Father’s Day, his stepdaughter Kilsi sent a similar note.
They received no answer beyond neutral statements refusing to comment on pending matters until this past Thursday, July 3 when they learned Tisch would not fire Rivera just hours before the long holiday weekend kicked off. The NYPD did not directly inform them. Rather, they learned the information from another city agency.
“This is just showing us how much of a mockery of justice that this system has been,” said Allan’s brother Samy Feliz over the phone. “And for the community to be forever vigilant on what’s happening around them with these politicians. We [were] promised so many things, especially from police commissioner Tisch.
“We were told how different she was and how much actual meaningful change she was looking to do and how far away from other police commissioners under Eric Adams she has been. And that has been disproven just in this sole decision.”
Cops almost never get terminated for what happens behind a badge (although firings occur more frequently for officers who commit crimes or break department rules off the clock). But rarely do the stars align between a Civilian Complaint Review (CCRB) prosecution and an NYPD administrative ruling for such a high stakes case.
In fact, the last — and only — other time a CCRB prosecution over a fireable offense went as far as Rivera’s was in the case of Daniel Pantaleo, who killed Eric Garner. Then-commissioner James O’Neill fired the Staten Island cop within weeks of Maldonado determining that he broke department policy during the incident famously known for the haunting last words “I can’t breathe.”
Tisch’s written decision pointed to State Attorney General Letitia James’ decision not to prosecute Rivera for the killing. She justified her decision due a statute of limitations concern — the investigation dragged out for years and needed a “criminal exception” accusing Rivera of first degree assault to bring the case in front of Maldonado. She also pointed to the respondent officer’s claim that he shot Feliz to save a colleague’s life.
OP-ED: NYPD must fire cop who killed my brother
Over the last five years, my family has fought to make sure that Lt. Jonathan Rivera, the NYPD officer who killed my brother, Allan Feliz, is fired from the department.
“Indeed, looking at the totality of what transpired during the car stop and subsequent struggle, I am convinced that [the] Respondent shot Mr. Feliz because he believed that doing so was necessary to save Officer Barrett’s life,” wrote Tisch. “This is true for several reasons. To begin, the record of what transpired demonstrates that [the] Respondent did not want to shoot Mr. Feliz.
“Over the course of the fight inside the car, with the engine on, with Officer Barrett standing between the open car door and the vehicle grappling with Mr. Feliz, as Mr. Feliz refused to yield and struggled with [the] Respondent over the gearshift, there is no question that Officer Barrett’s safety, and [the] Respondent’s safety, were at risk.” The letter continued.
Maldonado however doubted such claims when she ruled against Rivera in February.
Public Advocate Jumaane Williams lambasted Tisch’s reasoning for abiding by AG James’ findings rather than her own department’s. He expressed profound disappointment toward the police commissioner, whom he previously held in higher regard than others in Mayor Eric Adams’ administration.
“The attorney general said that she has a higher standard when it comes to criminality,” said Williams. “Whether you agree with her or not, it can be the case that there was not criminality, but an officer should be fired. Both those things can exist in the world because it’s two different standards. And what you did is try to pretend that there wasn’t two different standards.
“You should have been looking at the standard of the administrative judges who said that the actions of this officer at minimum means he should be fired.”
Feliz’s family claims the decision is only preliminary and the CCRB will receive five days to respond, which a source within the agency confirmed to the AmNews. However, the board, which handles NYPD oversight, cannot overturn the decision.
“The CCRB will put something in on Friday and they can be very convincing,” said LatinoJustice PRLDEF supervising attorney Andrew Case. “They’re good lawyers there, they’re thoughtful and meaningful. But the people holding the cards are the people of New York who get to elect the mayor who decides who’s the police commissioner. Jessica Tisch should be thinking about that too.”
Mayoral frontrunner and democratic nominee Zohran Mamdani previously supported the Feliz family under his current elected position in the state assembly. A campaign spokesperson pointed to previous comments reported by the AmNews where he called firing Rivera “the most basic form of justice.”
“With this outrageous preliminary decision, Tisch overturns the guilty verdict issued after an already delayed trial,” said Center for Constitutional Rights staff attorney Samah Sisay over email. “Police violence will not end until there are real consequences for the officers who kill and for the institutions that enable them. We demand justice for Allan, and we call on the Mayor and Commissioner to fire Rivera.”
On July 8, a rally took to One Police Plaza to call for Tisch to reverse her decision and fire Rivera. Public Advocate Williams, ex-Women’s March co-chair Linda Sarsour and council members Carmen De La Rosa and Alexa Aviles were among those to show up in support.
“He was from my community, he was my constituent,” said De La Rosa. “And so my question to Commissioner Tisch is how do I go back to Washington Heights? How do I go back to Upper Manhattan and tell people that their children, their fathers [and] their brothers are safe but Lt. Rivera [is] still in his position. How do I do that?
“Every single time they come to us elected officials saying ‘we have to build police-community relations,’ what does that mean if Allan’s life didn’t cost anything?”
Tisch returned to the NYPD last fall after previously heading the city’s sanitation department. She never served in uniform but spearheaded police surveillance advancements. Her fast-rising reputation includes pushing out the seemingly bulletproof chief Jeffrey Maddrey. Predecessor Edward Caban reportedly buried numerous CCRB allegations as police commissioner, according to ProPublica.
Earlier this week, multiple lawsuits filed against Adams, Maddrey and Caban by four ex-NYPD chiefs alleged misconduct, favoritism and retaliation. John Chell, who Tisch promoted to chief of department despite his controversial social media outbursts, was also named.
After his brother’s death, Samy Feliz got involved with the Justice Committee which organizes around families of people killed by the NYPD. He helped advocate for the How Many Stops Act’s passing and remains committed to fighting for police accountability.
Still, the focus remains on the preliminary period as the CCRB drafts a response for Feliz’s family and the Justice Committee. However, Rivera also faces another substantiated misconduct allegation for an unlawful summons in 2023. The Justice Committee is currently seeking the unknown complainant, a mid-late 30s Black male, to come forward.
“Allan’s name is going to continue to live on,” said Samy Feliz. “And we’re going to achieve justice for Allan. And that means so many different things, but right now, it means getting this cop fired. In the future, it can mean so many other things. It also means ensuring justice for other families, and that’s ensuring that this system isn’t a mockery of one.”
Do not argue or struggle with an armed police officer! Your chances of being injured or killed are increased , condolences to his family.