#Family of Bronx man killed by cops during routine traffic stop file suit
“#Family of Bronx man killed by cops during routine traffic stop file suit”
June 11, 2020 | 5:37pm
Allan Feliz’s sister Ashley Verdeja, mother Mery Verdeja and brother Sammy Feliz.
Dan Herrick
The family of Allan Feliz — an ex-con who was shot by cops Oct. 17 in the Bronx during a traffic stop over seat belts — filed suit in Bronx Supreme Court Wednesday alleging the 31-year-old man’s wrongful death.
Feliz’s brother Sammy Feliz and his girlfriend Julie Aquino have also filed potential class action claims against the city and the NYPD claiming in the Bronx during at least as early as 2010 through the present the city, “sanctioned, supported and/or otherwise acquiesced the use of racial profiling as a tool for law enforcement, including traffic stops.”
The suit also alleges, “That in the City of New York, County of Bronx, since at least 2010 and up to the present time, the defendants utilized excessive force during traffic stops.”
Police Officer Edward Barrett, Sgt. Jonathan Rivera and Officer Michelle Almanzar pulled over Feliz and a passenger because they believed the men inside weren’t wearing seat belts — though they were, video from the incident shows.
Barrett ran the license for Feliz — who once served five years on a burglary conviction — and found an open warrant before patting him down outside the car. A violent struggle began when Feliz got back into the car and it moved, prompting the cops — who believed he was trying to drive away — to taser him and try to pull him out of the car.
“Yo bro I’m going to fucking shoot you,” Rivera could be heard saying in the video while Barrett yelled for Feliz to “put it in park, put it in park.”
Rivera eventually fired a single shot killing Feliz — the father of a then-6-month-old whom he had with Aquino.
The lawsuit claims that Feliz wasn’t trying to drive away but rather when he got back in the car it “was caused to shift forward.”
“My office has filed a lawsuit on behalf of the Feliz family for the assassination of Allan Feliz, their son, father, brother and friend who was gunned down by the police who had illegally racially profiled him,” lawyer Robert Vilensky told The Post. “The lawsuit is also filed on behalf of all others in the City of New York who have been illegally subjected to racial profiling and police brutality.”
The suit is seeking $100 million in damages for the family and another $250 million in damages for anyone in the potential class action.
As of January, the incident was being investigated by the NYPD and the state Attorney General’s office. The status of the investigation was not immediately known.
NYPD spokesperson Sgt. Mary Frances O’Donnell said, “we decline to comment on pending litigation.”
Kimberly Joyce, a rep with the city Law Department said, “We will review the complaint when served and respond accordingly.”
The cops — who are named as defendants — could not immediately be reached for comment. It was not immediately clear who be representing them in the case.
Additional reporting by Craig McCarthy
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