“I am shot! I am shot! I am shot!,” were the last words NYPD detective Jonathan Diller said after he was mortally wounded in a March 2024 shooting, according to police body camera videos played for a Queens State Supreme Court jury Wednesday.
The videos, played by the prosecution in the murder trial of Guy Rivera, who is accused of killing Diller, captured the chaotic moments in which Diller and Sgt. Sasha Rosen confronted Rivera on a Queens street on March 25, 2024
The videos, including those captured by Diller, of Massapequa Park, and Rosen’s body worn camera, showed that Diller, although gravely wounded, had the presence of mind to grab the handgun away from his suspected assailant so that it couldn’t be fired again at Rosen. The sergeant was seen on the videos grappling on the ground with Rivera who held a. 380 caliber handgun he allegedly used to shoot Diller.
The last images seen on Diller’s video showed him on his back as anguished fellow officers peered down at him from above before they bundled him into a police car for a frantic trip to Jamaica Hospital where the Massapequa Park officer died.
WHAT NEWSDAY FOUNDProsecutors played for a Queens jury the body camera video of NYPD Det. Jonathan Diller being shot and mortally wounded in a March 2024 shooting.The videos, played in the murder trial of Guy Rivera, who is accused of killing Diller, captured the chaotic moments in which Diller and Sgt. Sasha Rosen confronted Rivera on a Queens street.Rivera’s defense lawyer has contended the shooting was an accidental discharge.
Rivera is on trial for first-degree murder, second-degree murder, attempted first-degree murder and various weapons charges. Queens State Supreme Court Justice Michael Aloise is presiding over the jury trial which is expected to take up to four weeks.
Before the graphic body camera images were played, Diller’s wife Stephanie and other family members left the courtroom.
Rosen, 49, a nearly 25-year veteran of the NYPD, testified Wednesday as a pivotal witness in the case. Prosecutors with the Queens District Attorney’s Office called Rosen to testify how he and Diller came to suspect that Rivera, now 36, had a handgun in the front pocket of his hoodie as he entered the passenger side of Kia Soul parked by 19-19 Mott Avenue in Queens.
Rosen said he and Diller had been assigned to a special NYPD community response team investigating reports of crimes at the nearby Mott Avenue subway station when they went on a meal break. Driving down Mott Street, Rosen said he Diller noticed two other CRT officers doing a stop and frisk of man.
Rosen explained that he and Diller got out of their unmarked NYPD vehicle to watch the stop and frisk when Rosen noticed Rivera acting as if he had a gun in the hoodie pocket. After Rivera entered the Kia, Rosen said he and Diller decided to approach the car and talk with Rivera.
But Rosen testified, and the body camera videos showed, that the encounter with Rivera quickly became chaotic after the defendant balked at fully rolling down the passenger side window when asked to by Diller.
Within moments, after police finally got the passenger side door open, Rosen appeared to suddenly grapple with Rivera who police said pulled out a handgun.
In opening statements on Tuesday, defense attorneys said that the body camera videos would show that when Rosen grabbed at Rivera that the handgun discharged accidentally. But two videos shown to the jury Wednesday seemed to be a jumble of images, sometimes obscured, which appeared to leave open the question of Rivera’s intent.
 When Rosen described the moment Diller was shot, he took an emotional pause for nearly 10 seconds and struggled to continue. After Aloise asked if he needed some time, Rosen declined.
On cross-examination by defense attorney Jamal Johnson, Rosen denied that he pulled the gun from Rivera’s hand. Blurred video images showed Rosen’s left hand on the wrist of Rivera’s right hand that held the gun.
Rivera was himself shot by police at the scene and was taken later by ambulance to the same hospital where Diller, 31, died.
Before taking testimony, Aloise ruled that the media could have access to body camera images but not broadcast them, out of concern for the Diller family.
Outside the courthouse, Police Benevolent Association president Patrick Hendry said he and other officers who packed the courtroom found Wednesday’s testimony very emotional.
“We also saw the last heroic act of Officer Diller, grabbing that gun and pushing it aside, away from his killer so he couldn’t kill the sergeant, couldn’t kill fellow police officers,” said Hendry.
Rivera is also charged in trying to shoot Rosen but the sergeant testified that Rivera’s gun jammed.
Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.