The Civilian Complaint Review Board, an independent oversight agency, sent a letter to the NYPD on Friday asking the department to fire an officer who shot and killed an unarmed man in 2019.

NYPD commissioner rejects judge's recommendation for firing

Police say Jonathan Rivera, who was a sergeant at the time, fatally shot Allan Feliz, 31, during a struggle in the Bronx following a traffic stop.

Officers had pulled Feliz over because they thought he wasn't wearing a seatbelt, though he was. When they ran his ID, they found arrest warrants. Police say Feliz was on federal probation for drug-related charges and had drugs in his pocket at the time, but was unarmed.

According to police, Feliz tried to drive away, and Rivera used his Taser on Feliz and lunged into the car. Police say Rivera then shot Feliz in the chest because he believed Feliz was about to run over another officer.

The CCRB brought charges against Rivera last year, which prompted the internal trial.

An administrative judge recently ruled excessive force was used during the traffic stop and Rivera lied on the stand. He was found guilty of first-degree assault, and it was recommended he be fired.

But NYPD Commissioner Jessica Tisch rejected the recommendation last week, saying her decision relied on the state attorney general's report which states, "It was concluded that there is insufficient evidence to establish that Sgt. Rivera committed a crime in connection with the death of Mr. Feliz."

The review board said it would send a response to the commissioner Friday, hoping to persuade the department to terminate Rivera.  

Tisch can still reverse her decision and fire Rivera. It's unclear if that will happen.

The mayor said in a statement he supports the commissioner's decision.  

Elected officials, community leaders join demands to fire Rivera

Feliz's loved ones were joined by elected officials and community leaders at police headquarters Friday to deliver a legal letter to the police commissioner, demanding Rivera be fired.

"Very rarely if ever do we have the NYPD's own administrative judge saying that an officer should be fired," New York City Public Advocate Jumaane Williams said.  

"This officer is guilty for the wrongdoing and for the murder of my brother," Sammy Feliz, Allan's brother, said.

"Allan should be alive today, spending time with his family and his children," Allan Feliz's partner Julia Aquino said.

"It isn't a trial of Allan Feliz. This is in regards to the wrongdoing of this officer. Everything that they are saying and that was said about Allan was found after discovery. That was after Allan was already dead," Sammy Feliz said.

CBS News New York has learned Rivera has had 14 complaints and 39 allegations, with five substantiated, on his record since he joined the force in 2010, including one allegedly for physical force in 2023.

Since, Feliz's death nearly six years ago, Rivera was promoted from sergeant to lieutenant.

"Lieutenant Rivera is a threat to public safety," said Anthony Feliciano, with the Justice Committee.  

In the attorney general's report, there were several recommendations after the incident, including that officers not enter a vehicle when a suspect is in control of the wheel.