Closing arguments began Tuesday in the trial of Guy Rivera, who is accused of fatally shooting 31-year-old NYPD Officer Jonathan Diller in Queens.
It happened during a police encounter in Far Rockaway on March 25, 2024. During closing arguments, the attorney for Rivera focused on disproving the testimony of Diller’s then-partner.
What You Need To Know
Closing arguments began Tuesday in the trial of Guy Rivera, who is accused of fatally shooting 31-year-old NYPD Officer Jonathan Diller in Queens
It happened during a police encounter in Far Rockaway on March 25, 2024
The attorney for Rivera focused on disproving the testimony of Diller’s then-partner
The prosecution’s summation focused on picking apart Rivera’s defense and showing why they believe he intended to kill Diller
The prosecution’s summation focused on picking apart Rivera’s defense and showing why they believe he intended to kill Diller. Investigators said Rivera, who was 34 years old at the time, got into a car with another man and — after officers approached the vehicle — allegedly ignored their orders to roll down the window, not to reach for anything, and to get out of the vehicle.
Prosecutors alleged Diller’s partner, Sgt. Sasha Rosen, tried to stop Rivera from grabbing his gun; a struggle ensued, and Rivera intentionally aimed the gun underneath Diller’s bulletproof vest and shot him.
During the prosecution’s closing arguments Tuesday, the court was shown body camera footage of the encounter, including the moment someone could be heard saying, “Don’t put your hand in your pocket” before shots were fired.
The court also saw Diller’s body camera footage showing when he, despite being mortally wounded, disarmed Rivera — who had his finger on the trigger.
The defense also reiterated that Diller’s partner allegedly reached into the vehicle before the gun went off to grab a firearm that Rivera had, and that the ensuing struggle caused the gun to discharge. Rivera’s attorney argued he did not intend to shoot and kill Diller and pointed to surveillance camera footage that allegedly showed the officer was not in his client’s line of sight when he was shot.
Rivera’s attorney also insisted that the suspect could see the guns of other officers pointed at him and knew that shooting an officer would be a fatal mistake.
During the trial, the court was shown body camera video showing the struggle in question, and the video was frozen for the court — showing Diller’s partner grabbing Rivera’s hand with Rivera’s finger on the trigger.
The defense argued that Rivera made a bad split-second decision during the struggle but did not prove intent.
The defense rested its case by insisting that the prosecution did not establish beyond a reasonable doubt that Rivera intended to kill Diller, which they would need to do for him to be found guilty of the top charge of first-degree murder.
The prosecution rested its case by arguing the opposite, saying the evidence pointed to Rivera’s intent the moment he picked up the gun.
Diller was posthumously promoted to detective.
Rivera, who is now 36 years old, is charged with murder, attempted murder, and five additional weapons charges. He faces up to life in prison without the possibility of parole if convicted.