Off-duty cop takes action in Tuxedo

TUXEDO — In a town known to many commuters as one of the quiet burgs dotted along Route 17, a local judge this week is set to hear an unusual case of road rage that was born out of confusion, aggression and fear. Steering at high speeds across the quickway the evening of Aug. 16, Suffern resident Bryon Burger and Monroe resident Nelson Feliz both called police. Each reported the other caused them to fear for their lives. The incident stretched on for more than 10 miles and carried with it twists and turns apart from those on the road, due largely to the identities of the men involved. Feliz, it turned out, was an off-duty police officer with the New York City Police Department; Burger, an armed guard who has carried a weapon in his vehicle for years. Neither man identified himself, according to accounts. There were no flashing lights. There were no blaring sirens. Glock or holster? What follows is a dueling account of what each man claims happened during the incident, in which Feliz said he saw Burger brandish a gun. “The firearm was a black Glock automatic handgun,” Feliz said in his complaint. “As a 21-year veteran of the New York Police Department, I am familiar with firearms and makes.” Out of fear of the stranger pursuing him, Burger said he motioned at the car with an empty gun holster he had in the front of his car. “I have been licensed to carry a firearm since 1992,” Burger said in an interview. “I have never taken it out of the holster (on active duty).”

On Thursday, August 16, 2012, I encountered Detective Feliz, whom I didn't know was an officer, while he was driving his personal car at approximately 7:00 to 7:30 PM in Orange County, New York on Route 17 South.” Nelson was driving his personal late-model, black Nissan car which was weaving in and out of traffic,. He drifted into me when I attempted to pass, and I blew the horn to get his attention, but he was so close to hitting my car I couldn't pass, so I retreated. I was able to successfully pass him at one point and he got right behind my car so close, that I saw only half his hood. I feared for my life so I had an empty second black belt gun holster that I showed towards his car hoping he would think I was a cop or at least back down; he did not. I only showed the holster after he continued to pursue me without identifying himself, continually trying to ram my vehicle…putting my life, and those of other motorists in danger. I called 911 and the local police who stated I didn't have enough information for them to follow up on my complaint. I finally lost him doing 110 mph on the NYS Thruway where I got off at exit 14B. He could have stopped me at the bottom of the road or at the stop sign I was at. I looked right at him again, but he again was just waiting for me and pointing at me. I felt intimidated and threatened, so I drove off and he continued to pursue me as described above.”

On Thursday, August 16, 2012 at about 7:40 p.m. I was in my car on State Highway 17 in the left lane. To my right was a car traveling at the same rate of speed.. When I was at 17 A junction I noticed a white car behind me flashing the lights. When I was able to move to the right lane the white car passed me and changed lanes, got in front of me and hit his brakes to slow me down. Then the white car slowed down, returned to the left lane, and the driver, a male white about 40 years of age, (about 6 feet tall with) brown or blonde hair pulled his car along my car and produced a black firearm and pointed it at me, causing me to fear for my life and safety. The firearm was a black Glock automatic handgun. As a 21-year veteran of the New York Police Department I am familiar with firearms and makes. I continued south on 17 never losing sight of the male. I called 911,. The male in the white Volvo sped off at a high rate of speed and South on the NYS Thruway, exited on Airmont Road, where I stopped and returned to Tuxedo to file a report. The white car slowed down, returned to the left lane, and the driver, a male white about 40 years of age, (about 6 feet tall with) brown or blonde hair pulled his car along my car and produced a black firearm and pointed it at me, causing me to fear for my life and safety,” Text taken from written statements.

The conflict between the men only escalated after Burger sped away, and Feliz stopped his pursuit that Thursday evening, according to accounts. “I called 9-1-1 and the local police, who stated I didn't have enough information for them to follow up on my complaint,” Burger said. The day after the affair, Tuxedo Town Police called Burger to inform him of the charges against him that stemmed from a complaint lodged by Feliz, Burger said. There is no rule in the NYPD Patrol Guide about what powers an off-duty officer like Feliz might have had in the situation. But, there are guidelines about how they should respond to threats to members of the service. “If individual making the threat is not in custody at time of threat, and there is probable cause to believe the threatener has committed a crime, effect summary arrest and immediately notify supervisor of circumstances,” according to the NYPD Patrol Guide.

When Feliz made his complaint to Tuxedo police, a number of misdemeanor charges followed, including reckless driving, tailgating and second-degree menacing, according to court documents. The arrest wasn't made until the next day, Burger said. “If they thought I would honestly have threatened a police officer," Burger said. "they would have been banging down my door that night, not calling me the next morning." After learning of Feliz's position in the NYPD, Burger filed his own complaint with the Civilian Complaint Review Board, which investigates allegations of abuse of authority against New York City Police Officers. At a court hearing last month, the Orange County assistant prosecutor arguing the case advanced Feliz's position by persuading Tuxedo Town Justice Shawn M. Brown to issue an order of protection, demanding Burger stay away from Feliz. “I've never even seen the guy,” Burger said. “I thought he was black. I learned later he's Hispanic. If he walked up here right now I wouldn't know him to see him.” Burger's attorney, William Gerard, said the prosecutor's request was merely window dressing. “It's just for appearances,” Gerard said. “He's a cop. He's apparently trying to make it seem like he's the alleged victim.” Meanwhile Burger, an armed guard for Orange County Department of Social Services, has been placed on probation by his employer, Vortec Security. He is no longer carrying a weapon, he said. Town Justice Brown resumed the case on Thursday.

The NYPD patrol guide loosely defines best practices in a chase. Though Byron Burger said Nelson Feliz was not in uniform and driving his personal vehicle at the time the encountered him, the NYPD patrol guide is silent on whether even a uniformed officer must use the tell-tale sirens and lights to pull someone over. Officers are instructed to “Utilize the vehicle's emergency signaling devices intelligently,” according to the guide. The police manual does not lay out any broad policies on how NYPD officers should act when off-duty or when they are using personal vehicles.