Introduction to the Case
As the Civilian Complaint Review Board issues its response to Police Commissioner Jessica Tisch’s preliminary decision to keep an officer who fatally shot Allan Feliz on the force, his family gathered outside NYPD headquarters Friday to demand she reverse course.
The CCRB confirmed it submitted its final recommendation on the issue to Tisch but said that as it is still an ongoing case, “we can’t release the response.”
The NYPD did not respond to queries regarding the CCRB’s recommendation to Tisch or when the Commissioner will issue her final decision.
The Family’s Plea
Flanked by civil rights advocates and elected officials, Feliz’s brother and sister delivered a letter to NYPD headquarters in Lower Manhattan signed by LatinoJustice PRLDEF, the New York Civil Liberties Union and other groups, urging Tisch to adopt the findings of Deputy Commissioner of Trials Rosemarie Maldonado, who found earlier this year that Lieutenant Jonathan Rivera used excessive force and gave misleading testimony during a departmental trial.
On July 3, Tisch indicated in a letter to the CCRB that she believed the shooting was justified and that she intended to reject the recommendation of Maldonado, allowing Rivera to remain on the force.
Details of the Incident
In the letter, Tisch wrote that her role was to determine whether Rivera’s use of deadly force was legally justified based on his belief that it was necessary to protect another officer from imminent harm. “Respondent discharged his firearm because he believed that doing so was necessary to save the life of his fellow officer,” she stated.
The civil rights groups called Tisch’s preliminary decision “arbitrary and capricious” and “an abuse of discretion.”
Ashley Verdeja, Feliz’s sister, said the family was not surprised by Tisch but called it deeply disheartening and a “slap to the face.”
“They already did the worst thing to us by taking his life,” Verdeja said. “We’re still grieving, we’re still fighting. We’ve had to put our pain aside to just continue to step out here.”
Feliz, 31, was pulled over in the Norwood section of the Bronx on Oct. 17, 2019, for not wearing a seatbelt. Police said he handed over his brother Samy’s license, which triggered outstanding warrants. After exiting the vehicle, he attempted to re-enter it, and officers struggled with him. Rivera, then a sergeant, entered from the passenger side, deployed his taser, and ultimately fired a single round into Feliz’s chest.
Investigation and Findings
The CCRB later substantiated allegations of excessive force. Maldonado ruled that Rivera’s justification that he fired to protect another officer from being run over was not credible, and she recommended termination.
In her rejection of the recommendation, Tisch cited a 2020 report by the New York Attorney General’s Office, which concluded that the shooting could not be proven unjustified beyond a reasonable doubt in criminal court.
(L) Allan Feliz’s siblings, Samy Feliz and Ashley Verdeja, deliver a letter to NYPD headquarters at One Police Plaza (R) Samy speaking at a rally afterwards, denouncing what he described as a “corrupt system” that shields police from accountability.
Photo by Adam Daly
Advocates, in their July 11 letter, argue that Tisch inappropriately relied on that report, which used a higher legal standard than the administrative trial’s preponderance-of-evidence standard.
Criticism and Concerns
“The Preliminary Decision goes out of its way to make excuses for Lt. Rivera’s inaccurate testimony based on no evidence in the record,” the letter states. “It is entirely improper to substitute your subjective view for credibility findings from a hearing officer without any evidence suggesting the hearing officer was mistaken.”
The letter goes on to criticize the NYPD’s broader disciplinary record, citing a report by the department’s federal monitor, which found that “officers rarely, if ever, receive a penalty for unconstitutional stops/frisks/or searches, even when substantiated by CCRB.” It also points to NYPD data showing a sharp rise in vehicle stops and searches in 2024, with 90 percent of those arrested after stops being Black or Latino.
Public Reaction and Support
Public Advocate Jumaane Williams, speaking at Friday’s rally, said he had once believed Tisch might represent a shift toward accountability within the NYPD. “Unfortunately, today I’m losing that confidence,” Williams said, criticizing the recent attempt of the department to fire 31 probationary officers of color while retaining an officer who shot and killed an unarmed man.
Williams said the case exemplifies why communities of color feel the NYPD is not held accountable when misconduct occurs. “We will not change the behaviors of the force that’s used primarily against Black and Brown New Yorkers… if there are no real consequences,” he said.
Supporters calling for justice for Allan Feliz marched around City Hall on Friday, flanked by NYPD officers.
Photo by Adam Daly
Conclusion
The family of Allan Feliz and civil rights advocates are urging Police Commissioner Jessica Tisch to reverse her preliminary decision to keep Lieutenant Jonathan Rivera on the force. The case has sparked widespread criticism and concerns about police accountability and disciplinary actions. As the city awaits Tisch’s final decision, the family and supporters continue to fight for justice and call for reforms within the NYPD.
FAQs
Q: What was the incident that led to Allan Feliz’s death?
A: Feliz was pulled over by police for not wearing a seatbelt and was shot by Lieutenant Jonathan Rivera after attempting to re-enter his vehicle.
Q: What was the finding of the Civilian Complaint Review Board (CCRB) in the case?
A: The CCRB substantiated allegations of excessive force and recommended termination of Rivera.
Q: What was Police Commissioner Jessica Tisch’s preliminary decision in the case?
A: Tisch indicated that she believed the shooting was justified and intended to reject the recommendation of Deputy Commissioner of Trials Rosemarie Maldonado, allowing Rivera to remain on the force.
Q: What are the concerns and criticisms surrounding the case?
A: Critics argue that Tisch’s decision was arbitrary and capricious, and that the NYPD’s disciplinary record is inadequate, with officers rarely receiving penalties for misconduct.
