By Philip Marcelo
Associated Press
NEW YORK — A man charged in the 2024 shooting death of a New York City police officer has been convicted of aggravated manslaughter but acquitted of murder.
A Queens jury delivered its verdict Wednesday evening — after coming close earlier in the day — in the case of Guy Rivera, who was charged with killing Officer Jonathan Diller during a traffic stop.
Police Commissioner Jessica Tisch said in a statement on X that she was deeply disappointed Rivera wasn’t convicted of murder but hoped the judge’s ultimate sentence “will reflect the gravity of his actions.”
Patrick Hendry, president of the police officers’ union, said the verdict gives Diller’s family “some justice” but not “full closure.”
“This was Murder 1 on a New York City police officer,” Hendry said outside the courthouse along with other officers. “No doubt about it.”
Prosecutors said Rivera pulled out a concealed handgun and intentionally shot Diller during a routine police stop in Queens. Rivera “chose to ignore multiple lawful commands and chose to shoot Detective Diller,” Queens District Attorney Melinda Katz said in a statement after the verdict.
But Rivera’s lawyer argued the gun accidentally discharged as officers pulled the firearm from Rivera’s pocket. The attorney had no immediate comment Wednesday evening.
The jury deliberated for roughly eight hours following a roughly three-week trial.
They initially announced they had reached a verdict earlier Wednesday, but when when asked individually in court whether they agreed with the decision, one member said no, according to news outlets.
The judge then told jurors to keep deliberating, and they returned several hours later with the unanimous verdict.
Rivera, 36, is set for sentencing April 27. He faces the possibility of life in prison.
Among the key questions during the trial was whether Rivera intended to shoot Diller during the March 25, 2024, traffic stop.
Rivera’s lawyer argued that Rivera had not targeted Diller and that the shooting was not intentional — a key factor prosecutors needed to prove to secure a first-degree murder conviction.
The defense attorneys sought to show that testimony from officers on scene that day contradicted their own body camera footage.
Prosecutors, meanwhile, argued the evidence showed that Rivera intended to use the gun because he had loaded an ammunition clip, chambered a round and switched off the safety before he stuffed it in his pocket.
The shooting happened while Diller and other officers were on patrol in the Far Rockaway section of Queens.
Authorities say one of the officers spotted a suspicious object bulging from Rivera’s hoodie as he and another man walked to a parked car and got in.
Police say the officers were questioning the driver when Rivera, who was in the passenger’s seat, suddenly pulled out a gun and shot Diller.
The bullet struck the officer below his bulletproof vest, mortally wounding him. Another officer then shot and wounded Rivera.
At the time, Diller was the first NYPD officer to be killed in the line of duty in two years. The 31-year-old’s wake and funeral in his hometown on Long Island drew thousands of people, including Trump.
Diller had been a police officer for three years. He and his wife had a son, who was just 1 when Diller was killed.
Associated Press writer Jennifer Peltz contributed.
