Roughly 5 months in the past, NYPD deputy commissioner Rosemarie Maldonado decided Lt. Jonathan Rivera violated division tips when he killed Allan Feliz, a Washington Heights man, throughout a 2019 visitors cease. He could be fired based mostly on the NYPD disciplinary matrix.
However police commissioner Jessica Tisch will get ultimate say on disciplinary measures with out a formal deadline. For months, Feliz’s household waited. On Mom’s Day, his mother Mery Verdeja and his long-time companion Julie Aquino penned a letter to Tisch for a solution and accountability. On Father’s Day, his stepdaughter Kilsi despatched an analogous observe.
They obtained no reply past impartial statements refusing to touch upon pending issues till this previous Thursday, July 3 once they realized Tisch wouldn’t hearth Rivera simply hours earlier than the lengthy vacation weekend kicked off. The NYPD didn’t straight inform them. Relatively, they realized the knowledge from one other metropolis company.
“That is simply displaying us how a lot of a mockery of justice that this method has been,” stated Allan’s brother Samy Feliz over the telephone. “And for the neighborhood to be eternally vigilant on what’s taking place round them with these politicians. We [were] promised so many issues, particularly from police commissioner Tisch.
“We have been informed how completely different she was and the way a lot precise significant change she was trying to do and the way far-off from different police commissioners underneath Eric Adams she has been. And that has been disproven simply on this sole choice.”
Cops nearly by no means get terminated for what occurs behind a badge (though firings happen extra continuously for officers who commit crimes or break division guidelines off the clock). However not often do the celebs align between a Civilian Criticism Assessment (CCRB) prosecution and an NYPD administrative ruling for such a excessive stakes case.
In reality, the final — and solely — different time a CCRB prosecution over a fireable offense went so far as Rivera’s was within the case of Daniel Pantaleo, who killed Eric Garner. Then-commissioner James O’Neill fired the Staten Island cop inside weeks of Maldonado figuring out that he broke division coverage throughout the incident famously identified for the haunting final phrases “I can’t breathe.”
Tisch’s written choice pointed to State Legal professional Basic Letitia James’ choice to not prosecute Rivera for the killing. She justified her choice due a statute of limitations concern — the investigation dragged out for years and wanted a “prison exception” accusing Rivera of first diploma assault to deliver the case in entrance of Maldonado. She additionally pointed to the respondent officer’s declare that he shot Feliz to save lots of a colleague’s life.
Over the past 5 years, my household has fought to make it possible for Lt. Jonathan Rivera, the NYPD officer who killed my brother, Allan Feliz, is fired from the division.
“Certainly, wanting on the totality of what transpired throughout the automotive cease and subsequent wrestle, I’m satisfied that [the] Respondent shot Mr. Feliz as a result of he believed that doing so was needed to save lots of Officer Barrett’s life,” wrote Tisch. “That is true for a number of causes. To start, the file of what transpired demonstrates that [the] Respondent didn’t wish to shoot Mr. Feliz.
“Over the course of the struggle contained in the automotive, with the engine on, with Officer Barrett standing between the open automotive door and the automobile grappling with Mr. Feliz, as Mr. Feliz refused to yield and struggled with [the] Respondent over the gearshift, there is no such thing as a query that Officer Barrett’s security, and [the] Respondent’s security, have been in danger.” The letter continued.
Maldonado nevertheless doubted such claims when she dominated towards Rivera in February.
Public Advocate Jumaane Williams lambasted Tisch’s reasoning for abiding by AG James’ findings quite than her personal division’s. He expressed profound disappointment towards the police commissioner, whom he beforehand held in increased regard than others in Mayor Eric Adams’ administration.
“The lawyer normal stated that she has a better normal in terms of criminality,” stated Williams. “Whether or not you agree along with her or not, it may be the case that there was not criminality, however an officer ought to be fired. Each these issues can exist on the planet as a result of it’s two completely different requirements. And what you probably did is attempt to faux that there wasn’t two completely different requirements.
“It’s best to have been the usual of the executive judges who stated that the actions of this officer at minimal means he ought to be fired.”
Feliz’s household claims the choice is just preliminary and the CCRB will obtain 5 days to reply, which a supply inside the company confirmed to the AmNews. Nevertheless, the board, which handles NYPD oversight, can’t overturn the choice.
“The CCRB will put one thing in on Friday and they are often very convincing,” stated LatinoJustice PRLDEF supervising lawyer Andrew Case. “They’re good legal professionals there, they’re considerate and significant. However the folks holding the playing cards are the folks of New York who get to elect the mayor who decides who’s the police commissioner. Jessica Tisch ought to be occupied with that too.”
Mayoral frontrunner and democratic nominee Zohran Mamdani beforehand supported the Feliz household underneath his present elected place within the state meeting. A marketing campaign spokesperson pointed to earlier feedback reported by the AmNews the place he known as firing Rivera “probably the most fundamental type of justice.”
“With this outrageous preliminary choice, Tisch overturns the responsible verdict issued after an already delayed trial,” stated Middle for Constitutional Rights employees lawyer Samah Sisay over e-mail. “Police violence is not going to finish till there are actual penalties for the officers who kill and for the establishments that allow them. We demand justice for Allan, and we name on the Mayor and Commissioner to fireside Rivera.”
On July 8, a rally took to One Police Plaza to name for Tisch to reverse her choice and hearth Rivera. Public Advocate Williams, ex-Girls’s March co-chair Linda Sarsour and council members Carmen De La Rosa and Alexa Aviles have been amongst these to point out up in help.
“He was from my neighborhood, he was my constituent,” stated De La Rosa. “And so my query to Commissioner Tisch is how do I am going again to Washington Heights? How do I am going again to Higher Manhattan and inform people who their kids, their fathers [and] their brothers are protected however Lt. Rivera [is] nonetheless in his place. How do I do this?
“Each single time they arrive to us elected officers saying ‘now we have to construct police-community relations,’ what does that imply if Allan’s life didn’t value something?”
Tisch returned to the NYPD final fall after beforehand heading town’s sanitation division. She by no means served in uniform however spearheaded police surveillance developments. Her fast-rising fame consists of pushing out the seemingly bulletproof chief Jeffrey Maddrey. Predecessor Edward Caban reportedly buried quite a few CCRB allegations as police commissioner, based on ProPublica.
Earlier this week, a number of lawsuits filed towards Adams, Maddrey and Caban by 4 ex-NYPD chiefs alleged misconduct, favoritism and retaliation. John Chell, who Tisch promoted to chief of division regardless of his controversial social media outbursts, was additionally named.
After his brother’s loss of life, Samy Feliz bought concerned with the Justice Committee which organizes round households of individuals killed by the NYPD. He helped advocate for the How Many Stops Act’s passing and stays dedicated to combating for police accountability.
Nonetheless, the main target stays on the preliminary interval because the CCRB drafts a response for Feliz’s household and the Justice Committee. Nevertheless, Rivera additionally faces one other substantiated misconduct allegation for an illegal summons in 2023. The Justice Committee is at the moment in search of the unknown complainant, a mid-late 30s Black male, to return ahead.
“Allan’s identify goes to proceed to reside on,” stated Samy Feliz. “And we’re going to attain justice for Allan. And which means so many various issues, however proper now, it means getting this cop fired. Sooner or later, it could actually imply so many different issues. It additionally means making certain justice for different households, and that’s making certain that this method isn’t a mockery of 1.”