A recommendation to terminate the services of a New York City Police Lieutenant, Jonathan Rivera, has been proffered by a police administrative judge. The recommendation stems from an incident that led to the tragic loss of life, where Lt. Rivera was implicated. The suggestion of his dismissal is now pending the final approval of Commissioner Jessica S. Tisch.
Lieutenant Rivera was holding the rank of sergeant on an incident that took place on October 17, 2019. He, along with two other officers, was on a routine patrol close to Woodlawn Cemetery located in the Bronx district.
During the course of their patrol, one of the accompanying officers, who was Rivera’s partner at the time, observed a passing Volkswagen Atlas. The driver, known to be Allan Feliz, wasn’t wearing his seat belt, a violation of the traffic rules.
Upon pulling Mr. Feliz over and checking his driver’s credentials, they discovered a number of unfulfilled warrants against his name. These were linked to fines that had not been paid, related to misdemeanors such as spitting and littering. Consequently, they proceeded to perform a standard pat-down.
While facing the prospect of being patted down, Feliz, then 31 years of age, made an attempt to flee the scene by accelerating his vehicle. What ensued was a struggle, with Rivera’s partner attempting to extricate Mr. Feliz from the vehicle.
In response to the unfolding drama, Lt. Rivera attempted to incapacitate Mr. Feliz using a Taser, which proved ineffective. Taking it a step further, Rivera then discharged his firearm, shooting Mr. Feliz once in the chest region, which resulted in his death.
Rivera justified his actions by stating that he perceived a threat to the lives of his fellow police officers, causing him to react as he did. However, his claims were met with skepticism by Rosemarie Maldonado, the Deputy Police Commissioner of Trials overseeing disciplinary actions.
In the internal trial conducted last November, Lt. Rivera failed to convince Maldonado with his testimony, as his reasons for perceiving a threat were deemed insufficient. Based on a draft report issued last week, Maldonado mentioned that she found Rivera’s testimony untrustworthy, as she believed it was tactfully calibrated to diminish his accountability.
Maldonado unequivocally stated that the demise of Mr. Feliz could not be justified via Rivera’s argument. She identified that Rivera, who had been serving in the department since 2010, lacked a strong basis to conceive the risk of danger to his fellow policemen.
Upon deliberation, she found Rivera culpable of committing first-degree assault and overstepping departmental guidelines on the use of force. The case had been brought forward by attorneys representing the Civilian Complaint Review Board, New York City’s autonomous police accountability body. They laid charges of first-degree assault and second-degree menacing against Lieutenant Rivera.
Although Maldonado found merit in the accusation of first-degree assault, she chose to disregard the other charge of menacing. Representatives from the board and Rivera’s legal team will possess an opportunity to counter Maldonado’s recommendation.
The final call on whether to accept the recommendation to dismiss Rivera or not rests with Commissioner Tisch. This rather unusual circumstance of a law enforcement officer’s potential dismissal reminds us of a previous case.
The last occurrence of a police officer standing at this precipice was during the case of Daniel Pantaleo. Pantaleo’s infamous chokehold application resulted in the death of Eric Garner in 2014. Maldonado was also responsible for recommending Pantaleo’s dismissal.
The approval of Maldonado’s recommendation in that case was done by the then Police Commissioner, James P. O’Neill. Pantaleo was officially removed from his post in August 2019, five years following the tragic incident.
Garner’s haunting last words – ‘I can’t breathe’ – served as a rallying cry spurring the Black Lives Matter demonstrations. This movement led to considerable shifts in policing methods, not just in New York, but across the country.