An officer who shot and killed an unarmed ex-con throughout a 2019 visitors cease within the Bronx was cleared of wrongdoing by the NYPD’s high cop Thursday, The Submit has discovered
NYPD Commissioner Jessica Tisch decided Lt. Jonathan Rivera was justified when he fatally shot All Feliz as a result of he was defending the lifetime of his brother in blue, legislation enforcement sources confirmed.
Tisch made the choice on the October 2019 ordeal after reviewing a separate evaluation of the caught-on-camera conflict that was carried out the State Lawyer Normal’s workplace.
“The commissioner checked out this case very intently,” a legislation enforcement supply mentioned. “She leaned closely on the AG’s report.
“Within the AG’s report, the AG mentioned the capturing was justified as a result of [Rivera] had an affordable perception that one other police officer was in grave hazard and his life was in danger,” the supply added, referring to Rivera’s colleague, Officer Edward Barrett.
“The PC agreed with the AG’s evaluation and located that Rivera will not be responsible… She went by means of this very intently and it reveals how a lot thought and time she put into it.”
Feliz, 31, was driving his 2018 Volkswagen Atlas on Bainbridge Avenue close to East 211th Road round 3 p.m. when he was pulled over by then-Sgt. Rivera, Officer Barrett and Officer Michelle Almanzar.
Cops believed the lads inside weren’t carrying seatbelts – although they have been.
What started as a routine visitors cease turned violent when Barrett realized Feliz — who as soon as served 5 years on a housebreaking conviction — had an open warrant and requested him to step out of the automobile.
The battle, which was caught on bodycam, started when Feliz bought again into the automotive and it moved, prompting the cops — who believed he was attempting to drive away — to make use of a stun gun on him and attempt to pull him out of the automotive.
“Yo bro I’m going to f–king shoot you,” Rivera may very well be heard saying within the video, whereas Barrett yelled for Feliz to “put it in park, put it in park.”
Rivera finally fired a single shot killing Feliz — the daddy of a then-6-month-old whom he had with Aquino.
The AG’s report concluded that “there is no such thing as a apparent cause to doubt” that Rivera opened hearth as a result of he believed the act would save his fellow officer’s life and that “the totality of the circumstances strongly counsel that [his] perception was affordable.”
Lou Turco, president of the Lieutenant’s Benevolent Affiliation, counseled Tisch’s determination.
“Immediately’s determination by Commissioner Tisch sends a transparent and decisive message to the members of the NYPD who threat their lives day-after-day that our Commissioner will again officers performing in good religion efficiency of their duties, irrespective of the political dangers,” the union head mentioned.
“I commend her for standing her floor for what she believes is correct with regards to our officer’s.”
Earlier than the automotive cease turned lethal, Allan had handed police the Ohio ID of his 29-year-old brother, Samy Feliz, police sources mentioned on the time.
However Allan had used Samy’s title earlier than, the sources mentioned. In consequence, Allan’s open warrants for disorderly conduct, littering and unlicensed driving nonetheless got here up when Samy’s ID was run, sources mentioned.
Feliz moreover had 4 felonies on his file, for housebreaking, theft and marijuana possession.
Feliz’s dying by the hands of police sparked his household to file a $350 million potential class motion lawsuit in opposition to the town and the NYPD for an alleged sample of racial profiling and extreme use of drive.
The lawsuit additionally claims that Feliz wasn’t attempting to drive away however slightly when he bought again within the automotive it “was precipitated to shift ahead.”
“It’s simply fixed abuse after the opposite, one after the opposite he simply will get punched, brutalized,” Ashley Verdeja, Allan’s sister, mentioned again in November following considered one of Rivera’s departmental path appearances. “And it’s actually painful to should relive these photos and people movies as soon as once more and as soon as once more. It’s past traumatizing to say the least.
“However the largest slap within the face for all of us right here, because the household of Allan and largely for my mom, is having to see Lieutenant Rivera stroll in along with his gun,” she added. “You already know, it’s a slap within the face to should see him nonetheless carrying a weapon after what he did to my brother and what he did to her son.”
