Acquittal and Conviction in Queens Shooting Case

The man charged with the shooting death of NYPD Detective Jonathan Diller during a traffic stop in Queens two years ago has been acquitted of first-degree murder but found guilty of manslaughter and related offenses.

Guy Rivera, on Wednesday, was convicted of first-degree aggravated manslaughter and attempted first-degree murder after he aimed to shoot an NYPD sergeant who was also at the scene, along with two counts of second-degree criminal possession of a weapon. He was, however, cleared of the first-degree murder charge.

Initially, the jury announced their verdict, but the case was sent back for further discussions when one juror revealed the vote wasn’t unanimous. The foreman communicated to the judge that he had voted not guilty on the first-degree murder charge but guilty on the other counts. It became clear that Juror No. 5 didn’t agree, as reported by the New York Post.

Judge Michael Alloise reminded the jury, “As I said, the verdict must be unanimous. Please go back and deliberate.” Shortly afterward, some jurors sent notes asking about the time needed for deliberation if they couldn’t reach an agreement, while another mentioned needing to call about an appointment.

The judge instructed them, “There is no time limit. Please continue deliberating.” They returned later with a finalized verdict.

Authorities detailed how Diller and his partner, Officer Sasha Rosen, had pulled over a vehicle parked illegally outside a cell phone store in Far Rockaway in March 2024. Prosecutors alleged that Rivera shot Diller after being ordered to exit the car.

After the shooting, Rivera reportedly aimed the gun at Rosen, but the weapon malfunctioned, leading to Diller attempting to wrest the gun away before he succumbed to his injuries on the street. Rivera himself was shot twice during the altercation.

Interestingly, Diller was meant to be off duty that day, as he had been at the park with his family when he received the call.

Queens District Attorney Melinda Katz commented, “Detective Jonathan Diller’s last words to his wife were ‘I love you.’ He was a father, husband, son, and a dedicated NYPD member, protecting our city daily.” Katz added that this crime had profound consequences, affecting Diller’s family and the life of Sergeant Rosen, expressing solidarity with all impacted.