QUEENS, NY — The man accused of killing NYPD Officer Jonathan Diller during a Queens traffic stop was found not guilty of the top murder charge, prosecutors said.
Guy Rivera, 36, had faced a first‑degree murder charge in Detective Diller’s death and a first‑degree attempted murder charge for firing at Diller’s partner during a traffic stop in Far Rockaway.
He was instead convicted on lesser counts, including aggravated manslaughter and attempted murder, according to prosecutors.
“This crime stole the life of a dutiful officer and a family man and endangered the life of a devoted NYPD sergeant,” said Melinda Katz, district attorney for Queens, in a statement.
The trial began on March 10, with closing arguments delivered on March 31. The jury deliberated for roughly eight hours before delivering a split verdict on Wednesday, prosecutors said.
Queens Supreme Court Justice Michael Aloise scheduled Rivera’s sentencing for April 27. He faces up to 90 years to life in prison.
The charges stem from a March 2024 incident that began when Sgt. Sasha Rosen noticed a gun-shaped bulge in the front pocket of Rivera’s sweatshirt as he exited a store on Mott Avenue with another man, Lindy Jones.
Rivera was then seen getting into the passenger seat of a 2016 Kia Soul parked in front of 19‑19 Mott Avenue, while Jones got behind the wheel, prosecutors said.
Detective Diller and other members of the CRT team approached the vehicle, and Diller issued repeated commands for Rivera to roll down his window and step out — commands Rivera ignored, prosecutors said.
Jones also refused an order to unlock the vehicle, so CRT Officer Delio Fernandez reached into the car and unlocked it from the driver-side control panel. Diller then opened the passenger-side door and told Rivera to get out, officials said.
Instead, Rivera reached into his pocket, ignored repeated commands from CRT Officer Veckash Khedna not to put his hands in his pockets, and pulled out a .380‑caliber semiautomatic pistol.
Rivera then fired, striking Diller in the abdomen below his bullet-resistant vest, authorities said.
Prosecutors added that Rivera, who has a lengthy criminal record, then struggled with Sgt. Rosen, who narrowly avoided being shot when Rivera’s gun jammed.
Diller wrestled the weapon from Rivera’s hand before collapsing in the street. He was rushed to Jamaica Hospital Medical Center, where doctors gave him multiple blood transfusions and performed emergency surgery, but he died hours later.
Prosecutors said the bullet severed Diller’s iliac artery, causing fatal internal bleeding.
During the incident, Officer Khedna fired two shots, striking Rivera in the left armpit and right humerus, officials said. Rivera was arrested at the scene and taken to Jamaica Hospital for treatment.
During the trial, Rivera’s defense argued the shooting was accidental, claiming the gun discharged during a struggle with another officer. Prosecutors countered that Rivera intended to use the weapon that day, noting that he loaded the magazine, chambered a round, and switched off the safety.
A search warrant later turned up a loaded 9‑mm pistol inside the glove compartment. Prosecutors said the firearm had been defaced, with its serial number scratched off, and that Rivera’s fingerprints and DNA were found on it.
“The last words Detective Jonathan Diller told his wife were ‘I love you.’ Detective Diller was a father, a husband and a son,” Katz added. “On March 25, 2024, Guy Rivera chose to ignore these facts, chose to ignore multiple lawful commands and chose to shoot Detective Diller.”