NYPD officer to face disciplinary charges for 2019 killing

The officer who shot and killed Allan Feliz will face disciplinary charges before the Civilian Complaint Review Board.

An NYPD officer accused of beating, shooting and killing a Bronx man in 2019 now faces charges that could lead to his firing from the department, but his two partners who witnessed the incident will not face any charges, according to a group representing the victim’s family.

The Civilian Complaint Review Board, the city’s police watchdog agency, determined on Wednesday that it would bring disciplinary charges of excessive force against Sgt. Jonathan Rivera, who is accused of killing Allan Feliz after a Bronx traffic stop almost four years ago. The charges could be grounds for Rivera’s termination.

Feliz’s brother Samy Feliz called the agency’s decision “bittersweet,” because the CCRB is not seeking discipline for officers Edward Barrett and Michelle Almanzar, who were also present during the incident.

“In a city and nation that protects abusive officers at all costs — getting fireable charges against one of the three officers who murdered my brother is a rare and important step forward, but we are outraged and heartbroken that the CCRB made the cowardly decision not to charge Barrett or Almanzar at all,” he said in a statement through the Justice Committee, which is advocating for Feliz’s family.

A CCRB spokesperson told Gothamist that investigators gathered all available evidence.

"The Board analyzed that evidence and compared it to the law and the NYPD Patrol Guide. The Patrol Guide gives great latitude to members of service," the spokesperson said. "The CCRB’s role is to determine whether an officer’s behavior was within police guidelines. In the case of the killing of Alan Feliz, the Board determined that the evidence proved LT. Rivera improperly threatened Mr. Feliz with a use of force and improperly used his firearm to shoot Mr. Feliz.”

The officers stopped Allan Feliz, 31, at the corner of 211th Street and Bainbridge Avenue in the Bronx on Oct. 17, 2019 for what they claimed was a seatbelt violation, according to the group representing Feliz’s family.

Feliz's family said that body camera footage from the officers showed that he was wearing a seatbelt, and that Barrett noticed this when approaching the car.

Feliz was ordered to show his identification and registration, and to step out of the car. His family said he calmly complied with the officers’ commands.

When Feliz returned to his car, the situation escalated quickly. Barrett and Rivera allegedly began to beat him, while Almanzar stood by without intervening.

Within seconds, Rivera climbed into the car, according to the charges, threatened to shoot Feliz, and used a Taser on him. Rivera then shot Feliz once in the chest at close range, per the complaint.

The family then alleges that Barrett pulled Feliz’s limp body from the car, exposing his genitals and leaving him to bleed out while in handcuffs. The officers did not attempt to provide medical aid or cover him up, the family said.

In 2020 Samy Feliz filed a complaint with the CCRB, which stalled for two years as the NYPD conducted an investigation by the Force Investigation Division. The internal investigation found no wrongdoing.

The CCRB process is the last avenue through which the officers could face discipline, but only Police Commissioner Keechant Sewell can make the final decision to fire Rivera.

The New York attorney general’s office, which now investigates all deadly shootings by police in the state, declined to bring criminal charges against the officers.

The NYPD did not immediately respond to a request for comment.

This story has been updated with comment from the CCRB.