Guy Rivera, 36, of Long Island City was convicted on April 1 of first-degree aggravated manslaughter, first-degree attempted murder and two counts of second-degree criminal possession of a weapon in the in the fatal Far Rockaway shooting of NYPD Officer Jonathan Diller.
He was acquitted of the top charge, murder in the first degree.
Trial openings occurred on March 10 and summations on March 31. The jury deliberated for approximately eight hours, the Queens District Attorney’s Office said, before reaching a verdict.
Queens State Supreme Court Justice Michael Aloise set a sentencing date of April 27. Rivera faces a maximum sentence of 90 years to life in prison.
According to the investigation and trial testimony, Diller, 31, of Long Island, was on patrol in Far Rockaway with the NYPD’s Queens South Community Response Team on March 25, 2024 at about 5:45 p.m.
CRT Sgt. Sasha Rosen noticed a gun-shaped bulge in Rivera’s front pocket as the defendant exited a store on Mott Avenue with a second individual, Lindy Jones. The duo entered a 2016 Kia Soul, Rivera as a passenger and Jones in the driver’s seat, the DA’s Office said.
Diller and other members of the CRT approached the vehicle, and Rivera ignored Diller’s numerous commands to roll down his window and exit the vehicle.
Jones also refused an order to unlock the vehicle, at which point CRT Officer Delio Fernandez reached into the car and unlocked it from the driver’s side control panel. Diller then opened the passenger side door, the DA’s Office said, and instructed Rivera to exit the vehicle.
Instead of obeying the order, Rivera reached into his pocket with his right hand, ignoring commands by CRT Officer Veckash Khedna not to do so.
Rivera then quickly drew a .380-caliber semi-automatic pistol from his pocket and fired at Diller, striking him in the abdomen below his bulletproof vest.
He then pointed the pistol at Rosen’s chest and pulled the trigger, but the gun jammed. Diller wrestled the gun away from Rivera’s hand and then collapsed on the street.
He was rushed to Jamaica Hospital Medical Center, where he underwent multiple blood transfusions and emergency surgery, but succumbed to his wounds several hours later.
Officials said the bullet severed Diller’s iliac artery, which caused internal bleeding.
During the incident, the DA’s Office said, Khedna fired two shots, striking Rivera in the left armpit and right humerus in response to the defendant’s use of lethal force.
Officials said Rivera was arrested on the scene and also transferred to Jamaica Hospital Medical Center, where he received treatment for his injuries.
On March 26, 2024, as part of an ongoing investigation, officers with the DA’s Office and NYPD’s 101st Precinct obtained a court-authorized search warrant for the vehicle, which led to the discovery of a loaded 9 mm pistol inside the glove compartment, officials said. The firearm was defaced, with the serial number scratched off. Rivera’s fingerprints and DNA were found on the gun.
Jones, 43, of Edgemere, NJ, was arraigned April 16, 2024, on an indictment charging him with criminal possession of a weapon in the second and third degrees. He was remanded into custody and faces up to 15 years in prison if convicted. He is due back in court April 7.
Diller was posthumously promoted to the rank of detective.
“Detective Diller was a father, a husband and a son. He was also a dedicated member of the New York City Police Department who put on a uniform every day to protect our city,” Queens DA Melinda Katz said in a statement. “On March 25, 2024, Guy Rivera chose to ignore these facts, chose to ignore multiple lawful commands and chose to shoot Detective Diller.
“After shooting Detective Diller, he tried to shoot in the chest Sergeant Sasha Rosen. This crime stole the life of a dutiful officer and a family man and endangered the life of a devoted NYPD sergeant. I thank the members of my Homicide Bureau for prosecuting this case.”
NYPD Commissioner Jessica Tisch in a statement expressed disappointment that Rivera was not convicted of first-degree murder, but said she is grateful he was convicted on all other counts.
“My hope is that the ultimate sentence in this case will reflect the gravity of his actions,” Tisch wrote. “Jonathan’s life, his service, and his legacy will forever be a part of the NYPD. May his memory continue to be a blessing.”