31-year-old Allan Feliz was fatally shot during a contentious police stop in the Bronx six years ago. Since then, his family, friends, and community have been advocating for the firing of the officer who pulled the trigger.
Just recently, the New York Police Commissioner Jessica Tisch made the decision to allow that officer to keep his job despite him being found guilty of first-degree assault regarding the incident. According to the Police Commissioner, the officer in question was “justified” in shooting Feliz because he believed his partner was in life-threatening danger.
This argument stems from the police officers’ recounting of the fatal incident. Back in October of 2019, the offending officer was working with two of his partners, Edward Barrett and Michelle Almanzar, when they saw Feliz driving without wearing a seatbelt. The trio went to make a routine police stop.
After he was pulled over, Feliz produced a license that belonged to his brother. His brother’s name came up with three warrants for his arrest, so at that point, the offending officer and Officer Barrett asked Feliz to step out of the car. Afraid, Feliz instead attempted to drive off. That’s when the offending officer attempted to shoot his taser at Feliz.
The shooting officer got into the vehicle and threatened to shoot Feliz. A physical struggle ensued as Officer Barrett attempted to pull Feliz out of the vehicle. The car started to lurch forward.
The offending officer later recounted that he was afraid his partner Barrett was about to get run over by the car. In a split second decision, he shot Feliz.
Now, Feliz’s relatives have decided to file a lawsuit in the Manhattan Supreme Court. They’re requesting that the commissioner’s decision not to fire the offending officer should be voided. They’re additionally requesting the immediate firing of that officer, which was the recommendation given at his assault disciplinary trial.
The city has up to 20 days to respond to the claim.
According to local attorneys, this is an extremely rare case. Most lawyers have never heard of a family or advocacy group attempting to overturn a police commissioner’s decision in a disciplinary matter. Some lawyers are wary about whether the legal tactics will be successful, but Feliz’s family’s legal representative says that employees regularly utilize Article 78 proceedings to challenge disciplinary verdicts.
Understanding Your Rights and Responsibilities During a Traffic Stop
Police officers only have the legal authority to use deadly force when the response is necessary to protect their own lives or their partner’s lives. If you’ve ever felt like your legal rights were violated during a traffic stop, then it’s a good idea to get in touch with an attorney as soon as possible about your case.
Here at the Bukh Law Firm, P.C., our team of criminal defense attorneys is prepared to listen to your situation and help you determine whether your rights were respected during a recent police interaction.
If not, then we’ll help you take the appropriate steps to ensure justice is served. Schedule a free call with us now by leaving your contact details on our online form.
