Commissioner Jessica Tisch kept a police officer’s job despite a civilian board backed by Mamdani advocating for their dismissal

Commissioner Defends Officer in Controversial Shooting Decision

Police Commissioner Jessica Tish has decided not to fire the officers involved in a controversial shooting, citing that Lt. Col. Jonathan Rivera intervened to save the lives of his fellow officers. This decision goes against the recommendations of a private committee, as well as the desires of certain city officials, including mayoral candidate Zohran Mamdani.

Tish’s choice defies the ruling of the Civilian Complaint Review Board (CCRB), which had recommended action against Rivera for the fatal shooting of unarmed former convict Alan Ferris. The incident occurred on October 17, 2019, when police halted Ferris’s vehicle in the Bronx to prevent a potential assault on officers.

In her ruling, Tish expressed confidence that Rivera discharged his weapon believing he was protecting his colleagues. She remarked that the entire situation surrounding the car stop and the ensuing struggle made it clear to her that Rivera acted in defense of the officers involved.

Tish’s decision came after reviewing an analysis conducted by the state attorney general’s office, which had not been presented during Rivera’s internal adjudication. The AG’s office is legally bound to investigate officer-involved fatalities, and they ultimately found no wrongdoing on Rivera’s part. Yet, the CCRB still opted to pursue a complaint against him.

Lou Turco, president of the Benevolent Association, expressed frustration over the CCRB’s position five years later, stating that there were thorough investigations conducted by multiple legal authorities. Turco argued that relying on an inexperienced CCRB could jeopardize the safety of police officers.

Mamdani, a Democratic candidate for mayor, has expressed his intent to strip the NYPD commissioner of the authority to make final disciplinary decisions in serious cases, advocating instead for the CCRB to take on this responsibility. His stance aligns with a number of progressive city council members who criticize Tish’s ruling regarding Rivera.

The findings from Tish’s review echoed those of Attorney General Letitia James’s office, emphasizing the difference in the burden of proof required in internal assessments compared to criminal trials.

The internal trial, overseen by NYPD Administrative Judge Rosemarie Maldonado, had recommended Rivera’s dismissal following the CCRB’s charges against him. Rivera initially attempted to subdue Ferris with a Taser before he resorted to using his firearm as the confrontation escalated.