Ahead of the sixth anniversary of Allan’s murder, the Feliz family and electeds rally to demand Lt. Rivera be fired

New York, NY – Today, the family of Allan Feliz announced a landmark lawsuit against NYPD Commissioner Jessica Tisch for refusing to fire killer cop Lt. Jonathan Rivera, whom her deputy commissionery found guilty of excessive force and deemed not credible. The family was joined by Public Advocate Jumaane Williams, Deputy Speaker Diana Ayala, Councilmembers Carmen de la Rosa, Alexa Avilés, and Tiffany Cabán, legal and community organizations, and other supporters to commemorate the 6th anniversary of Allan’s death, announce the legal action, and continue demanding that Lt. Rivera be fired.

 “Since Allan was killed, half my heart is missing,” said Julie Aquino, Allan Feliz’s partner and mother of his son, Eli. “But the other half is strong and filled with anger at Jessica Tisch for making such an unjust and outrageous decision not to fire Rivera, ignoring all of the evidence. My hope is that the court sees Jessica Tisch for who she is and reverses her decision.”

The Article 78 lawsuit, filed late last night, asks the court to overturn Commissioner Tisch’s final decision to reverse her Deputy Commissioner’s guilty verdict and order her to fire Lt. Rivera. The suit describes the Commissioner’s decision as arbitrary and capricious, contradicting the evidence and legal precedent, and an abuse of Tisch’s discretion and responsibility to discipline NYPD officers.

“Government officials are bound by law, and any arbitrary or capricious action – one that defies the facts – can be overturned by the courts," said Andrew Case, Supervising Counsel, LatinoJustice PRLDEF. "Commissioner Tisch ignored critical post-investigation evidence, including Rivera’s new contradictory statements, new body-worn camera analysis, and Deputy Commissioner Maldonado’s credibility findings, which the court must adopt. Her decision is neither legally nor factually grounded and should be reversed.”

“Commissioner Tisch’s decision constitutes a clear abuse of discretion that shocks one’s sense of fairness,” said Olivia Clark, Beldock, Levine, & Hoffman LLP. “Tisch’s decision fails to give proper deference to Deputy Commissioner Maldonado’s credibility findings, is grossly disproportionate to the proven misconduct and its harm to both the agency and the public, and establishes a shockingly dangerous precedent for police accountability.” 

“The City Charter gives the Police Commissioner control and discretion over police discipline, and also makes her accountable to New Yorkers for the integrity of the department,” said civil rights attorney Gideon Oliver. “In her shocking and fundamentally unfair choice to reject Deputy Commissioner Maldonado’s carefully reasoned and well-supported conclusions – including that ‘critical portions’  of Lt. Rivera’s testimony ‘were self-serving statements fabricated to minimize his culpability’ and that he should be fired for killing Allan - Commissioner Tisch has abused that discretion and abdicated her responsibility to guarantee police integrity and accountability.”

“Allan Feliz would be alive today if not for Lt. Rivera’s violent actions," said Samah Sisay, Staff Attorney, Center for Constitutional Rights. “The NYPD’s decision to promote rather than discipline Lt. Rivera is unjustifiable and inconsistent with findings in various investigations. The Police Commissioner should not have the power to protect killer cops and arbitrarily overturn disciplinary recommendations.” 

As the Feliz family pursues legal action, they are also calling for major changes to the discipline process for all victims and survivors of police violence.  

“If after six years of delays and obstructions, substantiated misconduct charges, and a guilty verdict, a killer cop can still keep his job, then this so-called ‘justice’ system is a sham,” said Samy Feliz, Allan’s brother. “Control over officer discipline of officers should be stripped from the Police Commissioner, and the next mayor must remove and replace Jessica Tisch.”

“No one who cares about justice is fooled by Jessica Tisch’s rhetoric about cleaning up the NYPD,” said Yul-san Liem (she/they), Deputy Director of the Justice Committee. “Her refusal to fire Lt. Rivera after a 6-year discipline process that resulted in a guilty verdict is a betrayal of the Feliz family and all New Yorkers, and makes it clear that she is more interested in maintaining the NYPD’s culture of impunity than protecting our communities We call on the next mayor to appoint a Police Commissioner who prioritizes New Yorkers’ safety over their own interests and shielding killer cops.”

"Accountability measures for the NYPD are constantly undermined despite our exhaustive cries for reform, which in turn undermines the oversight and transparency expectations of an agency that receives a significant chunk of taxpayer dollars,” said Council Member Carmen De La Rosa. “Commissioner Tisch's decision to reverse course is disheartening, disappointing, and dangerous, deepening the distrust people feel towards the NYPD. No one, especially a public servant in uniform, should be allowed to kill a fellow New Yorker so heinously without repercussions. We must hold the NYPD to a higher standard and demand corrective actions to their pattern of abuse and evasion of responsibility. We must fire Lt. Jonathan Rivera and restore a semblance of peace not just to the Feliz family that has fought tirelessly for Allan, but for all New Yorkers who seek a safer city.”

"Allan Feliz was brutally and unlawfully killed by NYPD officers 6 years ago,” said Councilmember Alexa Avilés. “Still, his family must continue to speak out for justice and changeNothing will heal the pain of losing Allan. But we can change our system so that more New Yorkers aren't put in harm's way. That starts by firing the officers responsible for Allan's death immediately. Six years later, we continue to honor Allan's memory and demand justice. I am heartbroken that we still must fight to improve our institutions, but we will keep coming back until we are heard." 

“Commissioner Tisch’s decision to disregard the findings of her own Deputy Commissioner, the Civilian Complaint Review Board, and the administrative trial process undermines the very systems meant to ensure police accountability,” said Deputy Speaker Diana Ayala. “The process worked. Lt. Rivera was found guilty after a full and fair trial. Overturning that outcome sends a troubling message about how discipline decisions are made at the NYPD and raises serious questions about whether facts and findings carry any weight when it comes to holding officers accountable.”

Background: 

On October 17, 2019, NYPD Lt. Jonathan Rivera (who was a sergeant at the time) and Officers Edward Barrett and Michelle Almanzar pulled Allan Feliz over on the corner of E 211 St and Bainbridge Ave for allegedly not wearing a seatbelt. Bodyworn camera (bwc) footage shows officers acknowledging that Mr. Feliz was wearing his seatbelt, but rather than allowing him to drive away, the officers escalated by illegally detaining him and attacking him. Lt. Rivera climbed into the passenger side of the car, tasered, beat, and threatened to shoot Mr. Feliz, and then shot him point blank in the chest. After Mr. Feliz was shot, Officer Barrett yanked Mr. Feliz’s limp body from the car, exposing his genitals. None of the officers immediately covered Mr. Feliz or provided medical aid. Instead, they left Mr. Feliz to bleed out, cuffed, and exposed. 

After years of delays and obstruction, in May 2023, the Civilian Complaint Review Board (CCRB) substantiated fireable charges against Lt. Rivera for the killing of Allan Feliz. The NYPD delayed the process further by failing to deliver the charges to Lt. Rivera so that a discipline trial could be scheduled for over a year. Finally, after multiple rallies and press conferences, the NYPD delivered the charges in June 2024 and a discipline trial was held in November 2024. In February 2025, Deputy Commissioner of Trials Rosemarie Maldonado determined Lt. Rivera to be guilty of excessive force and assault in the first degree and recommended he be fired. 

The Feliz family called for the NYPD commissioner and the mayor to make a swift decision that accepts Maldonado’s recommendation to fire Lt. Rivera. After dragging her feet for five months, in July 2025, Commissioner Tisch made the shameful preliminary decision to overturn her own deputy commissioner’s guilty verdict and dismiss charges against Lt. Rivera, letting him keep his badge and his gun. Despite public outcry from elected officials, the CCRB, and legal organizations, Commissioner Tisch issued her final decision to let Rivera walk without any discipline in August 2025.

Read the petition on the Center for Constitutional Rights case page.

Since the 1980s, the Justice Committee (JC) has worked to end police violence and systemic racism in NYC. We organize with families who have lost loved ones to the NYPD, train communities in CopWatch and ICE Watch, and develop grassroots alternatives to policing. Our work builds public safety rooted in care, not criminalization.

LatinoJustice PRLDEF works to create a more just society by using and challenging the rule of law to secure transformative, equitable and accessible justice, by empowering our community and by fostering leadership through advocacy and education. For over 50 years, LatinoJustice PRLDEF has acted as an advocate against injustices throughout the country. To learn more about LatinoJustice, visit www.LatinoJustice.org