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NYPD judge recommends firing of officer in 2019 Bronx civilian killing
By
Charles Lane
Published Feb 12, 2025
Modified Feb 12, 2025
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José A. Alvarado Jr. / Gothamist
By
Charles Lane
Published Feb 12, 2025
Modified Feb 12, 2025
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An NYPD judge is recommending the termination of an officer who shot a man in the chest in a traffic stop in 2019, marking only the second time that a departmental judge has followed a police watchdog agency's recommendation to fire an officer.
At a departmental trial, the city’s police watchdogs argued that Lt. Jonathan Rivera needlessly shot Allan Feliz when Feliz tried to flee a traffic stop in the Bronx. The watchdog agency found last year that Rivera violated patrol guidelines and put himself and Feliz in danger.
The last time an NYPD judge agreed with the recommendation to fire an officer for improper use of force was in 2019, when Daniel Pantaleo was found to have used an improper choke hold that killed Eric Garner in 2014. The decision now rests with Police Commissioner Jessica Tisch, who could decide in the next several weeks or months whether to terminate Rivera or exonerate him.
In an email message, a police spokesperson only said the case is ongoing.
Lawyers for Rivera did not immediately respond to a phone message. At the internal trial, they argued that he shot Feliz in order to protect his fellow officers.
Louis Turco, president of the Lieutenants Benevolent Association, said officials ranging from previous police commissioners to the state attorney general have all said Rivera acted within guidelines.
“ You have five or six people saying he was in the guidelines, and I have one person saying he wasn't in the guidelines,” he said. “But it all goes to the police commissioner now.”
Feliz, 31, was from Washington Heights. His family praised the decision and urged Tisch to fire Rivera.
“Our family has been devastated and forced to fight to get this dangerous cop out of the NYPD for over 5 years,” Feliz’s brother, Samy Feliz, said in a statement. “We’ve had enough with the delays, Mayor Adams and Police Commissioner Tisch must immediately fire Lt. Jonathan Rivera for murdering my brother.”
Rivera was among several officers who pulled over Feliz for not wearing a seatbelt while he was driving in the Bronx. The encounter escalated when officers found open warrants on the identification Feliz presented. As Feliz tried to flee by driving away, Rivera pulled his weapon and shot Feliz in the chest, killing him.
In testimony, Rivera said that because he couldn’t see his fellow officers he feared they might be run over by Feliz’s car.
In finding him guilty of first-degree assault, Judge Maldonado said Rivera’s explanation that he feared for the safety of his fellow officers was insufficient and that the use of lethal force required more than the possibility of danger.
NYPD commissioners have often ignored discipline recommendations. Mayor Eric Adams’ first police commissioner, Keechant Sewell, resigned shortly after a discipline decision she made was reversed. Adams’ second police commissioner, Edward Caban, reversed more than 50 disciplinary cases against police, according to the news outlet ProPublica.
This story has been updated with additional information.
Correction: A previous version of this story and its headline incorrectly stated how frequently NYPD judges have recommended firing officers in civilian killings. Lt. Jonathan Rivera's case is the second time a departmental judge has agreed with a police watchdog recommendation to fire a police officer for using excessive force.
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Charles Lane
Charles is a Day-of reporter focused on breaking news and enterprise. He’s very friendly and can be reached at [email protected], or more securely on whatsapp/signal 631-295-6715
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Gothamist is funded by sponsors and member donations
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