NYPD officer could face discipline for fatally shooting man during Bronx traffic stop

An NYPD officer is waiting to find out if he will be punished or fired for fatally shooting a Washington Heights man during a 2019 traffic stop.

The Civilian Complaint Review Board, the city’s police watchdog agency, presented a case this week to a police administrative judge accusing Lt. Jonathan Rivera of unnecessarily shooting Allan Feliz, 31, in the chest during an October 2019 stop in the Bronx. The agency found last year that Rivera violated patrol guidelines and put himself and Feliz in danger.

Rivera’s lawyers have argued that he shot Feliz in order to protect his fellow officers.

In the coming weeks, NYPD Deputy Commissioner of Trials Rosemarie Maldonado is expected to issue a report of recommendations to the police commissioner, who will then decide Rivera’s fate. New York’s Attorney General Letitia James already decided not to bring criminal charges against Rivera, saying there was not enough evidence to prove beyond a reasonable doubt that Rivera used deadly force without justification. Police departmental trials have a lower standard of proof. Penalties typically include fines and lost vacation days, but the Civilian Complaint Review Board is seeking termination in Rivera’s case.

In the past, NYPD commissioners have often ignored the review board's recommended discipline. Interim Police Commissioner Tom Donlon has yet to issue a disciplinary decision since his appointment in September.

In 2019, Rivera and two other officers stopped Feliz in the Bronx because they suspected he was not wearing a seatbelt, according to testimony from officers involved. But police body-worn camera video shows that Feliz was in fact wearing his seatbelt. Police then asked Feliz to step out of the car because the ID he presented, which belonged to his brother, had open warrants for spitting and littering, according to trial testimony and review board documents.

When officers moved to pat him down, Feliz got back into the driver’s seat as if to drive away, according to body-worn camera video played at the administrative hearing.

Body camera footage shows three officers attempting to pull Feliz from the car, first punching him, threatening to shoot him with a gun and using a Taser on him. During the scuffle, Rivera climbed into the car as it lurched back and forth multiple times. He then shot Feliz in the chest once, killing him.

An expert police witness testified at the hearing Tuesday that Rivera was not justified in shooting Feliz because he put himself in danger and failed to take several tactical steps that could have resolved the situation, including letting the man flee.

A lawyer for the Civilian Complaint Review Board called use-of-force expert Edward Brown, who testified that use of the Taser was effective and that Rivera put himself in jeopardy by climbing into the car, over a passenger, in an attempt to restrain Feliz.

Brown said that was a tactical mistake and that proper protocol would have been to first remove the passenger and then attack Feliz’s hands to remove him from the car.

Brown testified that because the car was stopped, deadly use of force was not justified.

“If you’re not able to extract him, then you let him go at that point,” Brown said.

Brown said police already knew who Feliz was, and had identified his car, so letting him go would have been safer for everyone. Brown added that officers failed to attempt to use their batons or handcuffs and didn’t follow protocol by keeping the door open while they questioned Feliz outside of the car.

According to testimony and in events seen in the body-worn camera footage, Rivera unholstered his weapon twice during the scuffle and told Feliz: “If I have to shoot you, I’m going to shoot you.”

In opening statements, lawyers for Rivera said that he shot Feliz because he couldn’t see his fellow officers and was afraid the moving car would injure them.

Another officer at the scene, Detective Edward Barrett, testified that he was also concerned about the location of his fellow officers once the SUV started moving.

A third officer at the scene, Detective Michelle Almanzar, said Barrett was beside the SUV and was knocked back as it lurched back 5 to 10 feet.

Feliz had an infant son and girlfriend when he was killed, according to his family. His mother, sister, girlfriend and now 5-year-old child spoke to reporters outside police headquarters, where the trial was taking place. They said police were using the danger of the car as an excuse to justify the killing.

They called Rivera “a cowboy” for pointing both his Taser and pistol at Feliz at the same time.

Feliz’s brother Samy Feliz alleged that Rivera shot his brother because Rivera's authority was challenged when Feliz didn't consent to being searched by police.

“They think that they're better than us because they have a firearm and they wear a badge,” Samy Feliz said.