Trial Summary - Morning 11/12/24
Discipline trial of NYPD Lt. Jonathan Rivera for the 2019 killing of Allan Feliz.
1 Police Plaza, New York
Tues. Nov. 12, 2024 was the first day of the discipline trial for Lt. Jonathan Rivera. Rivera is being prosecuted by the Civilian Complaint Review Board (CCRB) for threatening to kill and then killing Allan Feliz in 2019.
Roles
The NYPD employee overseeing the trial NYPD Deputy Commissioner of Trials Rosemarie Maldonado.
Civilian Complaint Review Board attorneys are: Amanda Rodriguez and Deanna Everett-Johnson.
Lt. Rivera’s Lieutenants Union attorneys are: Phil Karasyk and James Moschella
In attendance:
Allan Feliz’s family members: Mery Verdeja (mother), Samy Feliz (brother), Ashley Verdeja (sister), Julie Aquino (mother of Allan’s son), Eli Feliz (5-year-old son), Arelis Nicasio (aunt), Lelys Nicasio (aunt)
Other families whose loved ones were killed by the NYPD: Margarita Rosario (mother of Anthony Rosario and aunt of Hilton Vega), Hertencia Petersen (aunt of Akai Gurley), Joshua Lopez (nephew of John Collado)
Organizations: Justice Committee, LatinoJustice PRLDEF, Make the Road NY, VOCAL-NY, Showing Up for Racial Justice (SURJ) and others.
Public Advocate Jumaane Williams: at the press conference only.
Entering of Exhibit into Evidence:
The trial began with both parties entering exhibits into evidence, most of which the other side consented to.
The CCRB objected to the entering of information related Mr. Feliz’s criminal record, correctly arguing that it was not relevant because none of the officers involved in killing Mr. Feliz knew anything about it at the time they chose to stop, beat, taser and shoot him.
Deputy Commissioner of Trials Maldonado chose to admit the evidence over the prosecution’s objections.
Opening Statements:
CCRB: CCRB Prosecutor Rodriguez stated that the case was about a traffic stop that escalated and ended in an unjustified death. She said Lt. Rivera did not follow his training, did not follow proper de-escalation tactics. There is no valid self-defense argument, and that Lt. Rivera should be fired. She stated that his misconduct is equivalent to the crimes of menacing in the second degree and assault in the first degree.
Respondent: Respondent attorneys stated that Mr. Feliz said the Lt. Rivera’s use of force was lawful and that he had “no choice” by to discharging firearm. He argued that Mr. Feliz was responsible for his own death.
CCRB Case:
The CCRB played through bodycamera footage from Almanzar, Barrett and Rivera and called Use of Force Expert Marc Edward Brown, a former police officer.
Mr. Brown testified that Rivera created jeopardy for himself by climbing into Mr. Feliz’s car, on top of his passenger and stated that force cannot be justified with self-created jeopardy.
He stated that his assessment of the evidence was that deadly force was not reasonable, that it was not reasonable for Lt. Rivera to believe that Barrett and Almanzar might be injured, and that Mr. Feliz’s actions didn’t escalate the situation to necessitate deadly force.
The respondents cross examined Mr. Brown and the CCRB rested their case. The trial then took a lunch recess, during which the Feliz family and their supporters held a media availability outside of One Police Plaza.
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