A Queens man has been found not guilty of first-degree murder, but guilty on four other charges, in connection with the death of NYPD Officer Jonathan Diller, who was fatally shot during a traffic stop in Far Rockaway in 2024.
Guy Rivera, 36, was acquitted on the top charge of first-degree murder. According to the Queens DA’s office, Rivera was convicted of an aggravated manslaughter charge for shooting Diller; an attempted murder charge for attempting to shoot another NYPD sergeant at the scene; and two weapons charges.
What You Need To Know
Guy Rivera has been found not guilty of first-degree murder in the 2024 shooting death of NYPD Officer Jonathan Diller
Rivera was also convicted on four other charges, including and faces life in prison without parole
Prosecutors said Rivera intentionally pulled a gun from his sweatshirt and shot Diller under his bulletproof vest during a struggle
There was confusion in the courtroom earlier Wednesday, when an apparent verdict was read in the courtroom on the charges. However, after the verdict was read, each juror was asked if they agreed with the verdict, and one juror said they did not agree. The jury then returned to deliberations, and ultimately returned a verdict later Wednesday.
Prosecutors said Diller was on patrol in Far Rockaway on March 25, 2024 when he and fellow officers spotted Rivera with what looked like a gun in the front pocket of his sweatshirt.
Rivera and another man got into a parked car and ignored officers’ commands to roll down the window, not reach for anything and exit the vehicle, according to prosecutors.
During a struggle that ensued, prosecutors said Rivera intentionally aimed a gun under Diller’s bulletproof vest and fatally shot him. Diller, 31, was posthumously promoted to detective after his death.
Rivera’s defense argued the shooting was accidental, claiming the gun discharged during a struggle with another officer.
Prosecutors argued otherwise, saying Rivera intended to use the gun that day because he loaded the clip, chambered a round and switched off the safety before he stuffed it in his pocket.
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.
Rivera faces 90 years to life in prison. Sentencing has been scheduled for April 27.