In a dramatic turn late Wednesday, the jury delivered a shocking verdict in the killing of NYPD officer Jonathan Diller. The accused gunman was cleared of the most serious charge of first-degree murder, with jurors instead convicting him on the lesser charge of manslaughter.
Guy Rivera, 36, who fatally shot Diller — a married father — outside a cell phone store in Queens two years ago, was found guilty on several lesser charges, including aggravated manslaughter, the attempted murder of Diller's partner, and multiple weapons offenses. Rivera shot and killed Diller in Far Rockaway on March 25, 2024, during a struggle that was captured on video, involving members of New York's Finest.
Justice Not Delivered
Police said officers were checking out a suspicious vehicle when Rivera suddenly opened fire, killing Diller. Rivera then pointed a gun at a police sergeant's chest, prompting another officer at the scene to shoot and wound him, authorities added. The entire incident was captured on intense bodycam footage.
Rivera, who had been sitting in a parked Kia Soul, was arrested at the scene along with the driver, Lindy Jones. Diller was rushed to a hospital, where he was later pronounced dead. Jones is still awaiting trial on felony gun possession charges.
As jury deliberations got underway Wednesday, Rivera's mother sat just a few feet away from him in the courtroom. She broke down in tears when the bodycam footage of the shooting was played again at the jury's request. Dressed in purple, she covered her mouth with trembling hands and later wiped her eyes with a tissue.
During closing arguments, defense attorney Jamal Johnson argued that Rivera did not intend to kill Diller. He urged jurors to reject the top murder charge, saying prosecutors failed to prove beyond a reasonable doubt that Rivera meant to take the officer's life.
Johnson pointed to surveillance footage, claiming his client may not have been looking directly at Diller when the shot was fired.
He also suggested that Diller's partner, Sgt. Sasha Rosen, had reached into the vehicle in an attempt to grab Rivera's gun, and that the weapon may have gone off during the struggle.
According to the defense, Rivera was also aware that multiple officers had their weapons trained on him and understood that firing could have deadly consequences.
Loss Never to be Repaired
He also tried to shift the blame onto the other officers at the scene, suggesting their actions played a role in Diller's fatal shooting. "All of the [Command Response Team] officers in this case, they are invested," Johnson told the jury. "They have a motive to lie.
"You see, this is what happens when you're stopping people and you're doing it in a dishonest way and we're going to speak the truth here today," he added. "This is how detailed we have to be in our fight for justice."
Prosecutor John Kosinski rejected the defense's argument, dismissing the idea that Rivera —a repeat offender with 21 prior arrests — was somehow the victim of a police cover-up.
"Almost a month, almost 30 witnesses," the prosecutors told jurors. "Stipulations, videos, forensics: You've heard it all. What did we hear for two hours this morning? Police liars. Government misleading.
"We didn't hear about one thing: This man's actions on that day," Kosinski said. "That's why we're here. This isn't about the New York City Police Department. It's about this defendant's actions on that day."
Stephanie Diller, the widow of Diller, has been attending the trial in a Queens courtroom, surrounded by dozens of police officers. However, she stepped out each time graphic photos or videos of her husband's death were shown to the jury.
On Tuesday, she was seen repeatedly covering her ears to avoid hearing the gunshot that killed him, as it played in police bodycam footage presented in court.
Several officers also took the stand, including Veckash Khedna, who shot and wounded Guy Rivera. They gave emotional testimony, recounting Diller's final moments.
Rivera's acquittal on the most serious charge triggered anger and heartbreak among NYPD officials and supporters. In a statement following the verdict, Police Commissioner Jessica Tisch said Diller showed "a level of courage most could never imagine" during his service.
"While I am deeply disappointed that Jonathan's killer was not convicted of the top murder charge, I am grateful that he has been convicted on all other counts. My hope is that the ultimate sentence in this case will reflect the gravity of his actions, and the profound loss he caused for Stephanie, Ryan, the Diller family, the NYPD, and the entire City of New York," Tisch wrote.
