Bronx man’s family considers legal action after NYPD decides not to discipline officer involved in his fatal shooting.

The family of Allan Feliz, a man fatally shot by police during a traffic stop in the Bronx six years ago, is contemplating legal action aimed at compelling Police Commissioner Jessica Tisch to terminate Lt. Jonathan Rivera, the officer who discharged the fatal shot. The family, joined by various civil rights organizations, asserts that Rivera’s continued employment is unjust following the culmination of an internal investigation that previously determined he should be dismissed for misconduct linked to the incident.

In a recent decision, Commissioner Tisch opted not to dismiss Rivera, despite recommendations from Deputy Commissioner Rosemarie Maldonado, who found Rivera guilty of first-degree assault. The NYPD trial judge advised that Rivera be terminated based on her assessment of the circumstances surrounding the shooting; however, Tisch sided with an attorney general’s report indicating that the justification for Rivera’s use of deadly force could not be established “beyond a reasonable doubt.”

NYPD officials clarified that the trial judge’s recommendations are not binding and that the police commissioner ultimately possesses discretion in disciplinary actions, allowing her to adjust the severity of penalties as she deems fit.

In a letter addressed to Commissioner Tisch, disseminated to media outlets, advocates for the Feliz family, including LatinoJustice and the Justice Committee, criticized her decision to overlook Maldonado’s findings as arbitrary and indicative of an abuse of her discretion. They contend that the trial judge’s firsthand experience with Rivera during the hearings should carry significant weight, emphasizing that trust in judicial processes is critical.

On Friday, advocates are expected to present this letter to Tisch during a rally outside NYPD headquarters in lower Manhattan, joined by members of the Feliz family.

The events leading to Feliz’s death unfolded in 2019 when Rivera and two other officers pulled him over for a seatbelt violation. During the encounter, Feliz handed over a driver’s license belonging to his brother, which led to further complications, as the brother had outstanding warrants for minor offenses. When officers requested Feliz exit his vehicle, he attempted to flee, prompting a physical confrontation. Rivera reportedly deployed his Taser and subsequently shot Feliz during a struggle, claiming he feared for the safety of his fellow officers as the vehicle accelerated.

The Civilian Complaint Review Board (CCRB) has also taken an interest in the situation and is expected to provide a response to Tisch’s decision. This response might influence whether Tisch chooses to maintain her initial findings or reconsider the matter further.

As the case continues to unfold, it raises vital questions about accountability and the use of force within the police department, serving as a pivotal moment in ongoing discussions about police reform in New York City. The Feliz family’s efforts and the reactions from civil rights groups highlight the persistent challenges in addressing perceived injustices within law enforcement practices.