NYPD Commissioner Jessica Tisch saved cop’s job despite Mamdani-supported civilian board’s push for firing

Police Commissioner Jessica Tisch decided not to terminate an officer, concluding that he acted to save a fellow officer’s life, disregarding the suggestions of a civilian oversight board that mayoral candidate Zohran Mamdani wants to strengthen.

Tisch diverged from the recommendations of the Civilian Complaint Review Board (CCRB) when she overturned an administrative judge’s decision and concluded that Lt. Jonathan Rivera’s fatal shooting of unarmed ex-offender Allan Feliz was warranted.

The commissioner argued that Rivera fired his weapon during the Bronx car stop on October 17, 2019, in an effort to protect Officer Edward Barrett from being run over by Feliz, who was 31.

“Considering the entirety of the situation during the car stop and the ensuing struggle, I am convinced that [Rivera] shot Mr. Feliz because he felt it was necessary to save Officer [Edward] Barrett’s life,” she stated in her decision issued in July.

“There is nothing in this series of events that indicates that [Rivera] had any intention of recklessly discharging his firearm.”

Tisch arrived at her conclusion after examining a different analysis of the widely publicized altercation, conducted by the State Attorney General’s Office, which differed from the one presented by the CCRB during Rivera’s internal trial.

The Attorney General’s office, statutorily obligated to investigate all fatal incidents involving police officers, had cleared Rivera of any criminal wrongdoing; however, the CCRB still opted to pursue internal charges against him.

“Now five years later, the CCRB wants to assert that he used excessive force,” commented Lou Turco, president of the Lieutenants Benevolent Association.

“There is already sufficient oversight from the five district attorneys, the attorney general, and the NYPD,” Turco remarked to The Post on Wednesday. “Officers shouldn’t be subjected to investigations by an inexperienced CCRB that lacks any law enforcement experience. That jeopardizes all police personnel.”

This week, Mamdani, the Democratic nominee for mayor, expressed his desire to shift the authority to make final disciplinary decisions in serious cases from the NYPD commissioner to the CCRB.

This initiative aligns with Mamdani’s progressive allies in the City Council, who criticized Tisch’s decision in the Rivera case, deeming it “unacceptable.”

The commissioner’s findings aligned with those from Attorney General Letitia James’ office, which indicated that the evidence “strongly suggests” the shooting was justified, according to Tisch.

The standard of proof required to find an officer guilty in an internal trial is lower than in a criminal proceeding.

Deputy Trial Commissioner Rosemarie Maldonado, functioning as an NYPD administrative judge, had recommended Rivera’s dismissal after the CCRB prosecuted him in the internal trial.

Officers had stopped Feliz around 3 p.m. when one observed him driving without a seatbelt. Upon querying his license, they discovered several minor open warrants, including charges for littering, spitting, and disorderly conduct, and requested him to exit the vehicle.

Authorities claimed he attempted to drive away, which led to a struggle to prevent him from dragging Barrett along with him.

Rivera first deployed his Taser on Feliz, subsequently resorting to his firearm when the SUV rolled backwards and Barrett was pushed behind the vehicle by the driver-side door.

Rivera believed Barrett had fallen and was trapped beneath the vehicle’s wheels.

— Additional reporting by Craig McCarthy

With contributions from Post wires