Civilian Complaint Review Board says NYPD officer involved in deadly shooting in 2019 should be fired
NEW YORK -- A watchdog agency says the NYPD should fire an officer who shot and killed a man in the Bronx.
CBS2 got reaction Wednesday from the brother of the man who died.
"It was a sigh of relief because we know how rare substantiated charges against officers are," Sammy Feliz said.
He said it was a measure of accountability, following the death of his brother.
In October 2019 during a tense traffic stop, driver Allan Feliz was Tased, and then shot as his vehicle jerked back and forth.
Then-Sgt. Jonathan Rivera, since promoted to lieutenant, fired one shot point blank into Allan Feliz's chest. Rivera claimed he was acting to protect two other officers from injury by the moving car.
Investigators later found Allan Feliz was on parole, with drugs in his pocket and traces of meth in his system.
A review by the attorney general cleared Rivera of possible criminal charges, but was critical of some of his actions.
On Wednesday, the Feliz family learned the Civilian Complaint Review Board is moving to terminate Rivera, ruling his use of force was improper, as was his threat of force early in the encounter, possibly escalating the tense situation.
"As long as Rivera is NYPD, he is a threat to public safety," Sammy Feliz said.
"We're not gonna start making the changes we really need unless there are real consequences, particularly when someone dies, when someone is killed," Public Advocate Jumaane Williams said.
The family was hoping for CCRB charges against the other cops involved in the traffic stop, but the agency did not file any.
The NYPD said Lt. Rivera remains on active duty, assigned to a Bronx auto-theft task force. His case will now go to the Administrative Prosecution Unit. Any decision on the CCRB move to fire him is likely years away.
CBS2 asked the NYPD for comment. It referred us back to the CCRB, which does not comment on pending disciplinary cases.
However, Lou Turco, president of the Lieutenants Benevolent Association, said in a statement his organization is "outraged by CCRB's untimely and completely unjustified actions in this matter," adding, "The New York State Attorney General's Office conducted a comprehensive investigation into this incident and determined that the firearms discharge was lawful and warranted no further action.
"After an exhaustive investigation, the NYPD Force Investigation Division and thereafter the NYPD Firearms Discharge Review Board determined that the discharge was proper and within Department guidelines. The Police Commissioner approved those findings on August 9, 2021, and the matter was closed," Turco added. "CCRB's motivation in bringing these administrative charges against Lt. Rivera is nothing more than shameless self-promotion and to make a media splash. The fact that CCRB has yet to even notify Lt. Rivera of their ostensible findings and that the media is the first to know about this, speaks volumes of their intent. The LBA will vigorously defend Lt. Rivera and we are confident Lt. Rivera will be cleared, just as every other investigation into this matter has concluded."