In her five months at the head of the country’s largest police department, NYPD Commissioner Jessica Tisch has taken some important steps to hold officers accountable for how they treat those they serve.
The fourth person to hold the job under Mayor Adams, Tisch has fired and disciplined officers at a greater and faster rate than her predecessors. And she’s publicly committed to measures that will boost penalties for misconduct and to adequately process all disciplinary recommendations. Right now, Tisch has a rare opportunity to rebuild trust among New Yorkers by firing a police officer who shot and killed a young unarmed father in Washington Heights.
In February, an NYPD administrative judge recommended that Lieutenant Jonathan Rivera be removed from the police force without benefits after finding that Rivera broke the law, violated NYPD use-of-force protocols, and lied to cover up his culpability in the 2019 killing of Allan Feliz.
This is the first time in more than half a decade that an NYPD judge has recommended terminating an officer for excessive use of force. The last instance was when a judge determined that Daniel Pantaleo used an improper chokehold, killing Eric Garner in 2014. The former NYPD commissioner followed the judge’s recommendation and fired Pantaleo.
It’s now up to Tisch to follow the judge’s recommendation and fire Rivera, whose termination is long overdue.
The facts in the case are as shocking as they are damning. At a Bronx intersection on Oct. 17, 2019, Rivera, who was a sergeant at the time, and two other officers pulled over 31-year-old Allan Feliz for allegedly driving without his seatbelt. Bodycam footage later showed that the officers saw that Feliz was, in fact, wearing his seatbelt when he stopped.
But instead of letting him go once they realized their mistake, the officers detained Feliz. Rivera climbed into Feliz’s car; threatened, beat, and tased him, and then shot him in the chest point blank. The officers then dragged Feliz out of his car, pulling his pants down and exposing his genitals in the process. They left Feliz, handcuffed and bleeding, to die on the street, offering no medical support.
Allan Feliz had a 6-month-old baby boy, who has had to grow up without his father.
Feliz’s mother, partner, and siblings have been fighting for justice for six long years while the NYPD obstructed and delayed investigations into his death and shielded Rivera from discipline.
After the judge’s recent ruling, the Feliz family called for Tisch to fire Rivera by March 31. That deadline has now passed, and the clock is ticking on Tisch’s chance to prove she’s committed to rooting out NYPD corruption. If Tisch is truly a leader with integrity, she’ll take swift and decisive action to hold Rivera accountable, instead of burying police misconduct cases like her predecessors. (Her second most recent predecessor, Edward Caban, prevented disciplinary cases against 54 police officers from going to trial).
For too long, the NYPD has betrayed the trust of New Yorkers by keeping abusive cops on the force and stalling and impeding disciplinary cases. Rivera has now been the subject of 34 Civilian Complaint Review Board cases, and yet, not only is he still on the force, the NYPD promoted him from sergeant to lieutenant in the years since he shot and killed Feliz.
In April of this year, our organization, LatinoJustice PRLDEF, joined 50 other advocacy groups in signing a letter to Tisch and Mayor Adams calling on them to follow the judge’s recommendation and fire Rivera. Dozens of city and state elected leaders have joined our fight for justice, sending letters calling for Rivera’s termination. Adams and Tisch, along with the three previous NYPD commissioners who served before her under Adams, have yet to provide a meaningful response.
The NYPD has a sordid history of racist policing, corruption, and abuse. New Yorkers deserve to feel safe in our own city. But it’s impossible to feel safe when we can’t trust those tasked with protecting us not to kill or abuse unarmed civilians without facing consequences.
Tisch shouldn’t squander this chance to heal the rift with families betrayed by the NYPD. Allan Feliz would be alive today if it weren’t for the gruesome act of violence committed by Rivera. It’s long past time for Feliz’s loved ones to see justice.
Commissioner Tisch: Fire Lt. Rivera now.
Rosado is the president and general counsel of LatinoJustice PRLDEF.
