The man accused of fatally shooting NYPD Detective Jonathan Diller during a traffic stop in Queens two years ago was found not guilty of first-degree murder but guilty of manslaughter and other charges.
Guy Rivera was convicted Wednesday of aggravated manslaughter in the first degree, attempted murder in the first degree for attempting to shoot a NYPD sergeant who also responded to the scene and two counts of criminal possession of a weapon in the second degree. He was acquitted of murder in the first degree.
Earlier on Wednesday, the jury said it had reached a verdict but were sent back for further deliberations after one juror told the court the decision was not unanimous.
The foreman told the judge at the time that they had reached a not-guilty verdict on the first-degree murder charge but found Rivera guilty of the rest of the charges against him. But when the court clerk polled the jurors one by one to confirm they agreed with the verdict, juror No. 5 said they disagreed, according to the New York Post.
“As I told you jurors, your verdict must be unanimous. Please go back in and deliberate,” Judge Michael Aloise told the jury, the outlet reported.
A short time later, a couple of notes were sent in from the jury — one asking how many days they would have to deliberate if they were unable to reach a verdict that day and another in which one juror said she needed to make a phone call to cancel an appointment.
“There is no time limit, continue deliberating,” the judge told them.
Later on Wednesday, the jury came back and agreed on the verdict.
Authorities said Diller and his partner, Sergeant Sasha Rosen, stopped a vehicle illegally parked outside a cell phone store in Far Rockaway in March 2024. Prosecutors said Rivera then shot and killed Diller after being ordered to step out of the vehicle.
After shooting Diller, Rivera pointed his gun at Rosen’s chest and pulled the trigger, but the gun jammed, prosecutors said. Diller wrestled the gun away from his hand before he collapsed on the street from his injuries.
Rivera was also shot twice during the encounter.
Diller was scheduled to be off duty the day of the killing. He was at a park with his wife and young son when he was called in.
“The last words Detective Jonathan Diller told his wife were ‘I love you,'” Queens District Attorney Melinda Katz said in a statement. “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.”
“This crime stole the life of a dutiful officer and a family man and endangered the life of a devoted NYPD sergeant,” the statement added. “We continue to stand in solidarity with Detective Diller’s loved ones, Sergeant Sasha Rosen and all the brave men and women who protect our city.”
