'Devastated': Shooter Found Not Guilty Of Murder In NYPD Officer's Death Could Still Face 90 Years: DA

QUEENS, NY — Two years after Massapequa native NYPD officer Jonathan Diller was shot and killed while on patrol in Far Rockaway, Queens, the man accused of shooting him was convicted of first-degree aggravated manslaughter, first-degree attempted murder and weapons charges, while being acquitted on a first-degree murder charge, Queens District Attorney Melinda Katz announced Wednesday.

Katz said Wednesday that Diller had been on patrol in Far Rockaway at 5:45 p.m. on Mar. 25, 2024 when his colleague, Community Response Team (CRT) Sergeant Sasha Rosen, saw a gun-shaped bulge in the pocket of Rivera’s sweatshirt as he walked out of a store on Mott Avenue, getting into the passenger seat of a Kia Soul.

Diller and other members of CRT approached the Kia, with Diller telling Rivera to roll down his window and get out of the car, Katz said. The driver of the car, Lindy Jones, also refused to unlock the car before CRT officer Delio Fernandez reached into the car and unlocked it from the driver’s side door, Katz said.

At that point, Katz said, Diller opened the passenger-side door and told Rivera to get out of the car. Instead, Rivera pulled a .380-caliber semi-automatic pistol from his pocket and shot Diller in the stomach, below a bulletproof vest that he was wearing, Katz said. Rivera then pointed the gun at Rosen and pulled the trigger, but the gun jammed, Katz said. Diller was able to wrestle the gun from Rivera’s hand before collapsing on the street, Katz said.

Diller was taken to Jamaica Hospital Medical Center, undergoing emergency surgery and multiple blood transfusions before dying from his injuries, Katz said. Rivera was shot by a CRT officer twice after firing at Diller, Katz said, being hit in the left arm pit and right arm. He was then arrested and taken to Jamaica Hospital for treatment, the prosecutor said.

In the aftermath of his death, a funeral service was held for Diller at St. Rose of Lima church in Massapequa. At the funeral, Diller's wife, Stephanie, said their son Ryan's first words had been "Da Da."

"I wish Jonathan were here to see the incredible kindness and generosity that has been shown to our family, but I know in his own way he is here watching over us," Stephanie Diller said at the funeral.

Two years later, after eight hours of deliberation, the jury convicted Rivera of first-degree aggravated manslaughter for the shooting of Diller, first-degree attempted murder for pointing the gun at Rosen, and two second-degree counts of criminal possession of a weapon, Katz said. He was acquitted of first-degree murder, Katz said.

Rivera is due back in court Apr. 27 for sentencing, and could face up to 90 years in prison, Katz said. Rivera’s attorneys from the Legal Aid Society could not be reached for comment for this story.

As Rivera awaits sentencing, NYPD PBA President Patrick Hendry said the verdicts amounted to only partial justice for Diller’s family.

“Today, when they got the news, they're still devastated. These police officers know, behind me, that this was murder one on a New York City Police officer, no doubt about it,” Hendry said. “But we want to thank the Queen's District Attorney and her entire team for their hard work, their tireless effort over the last two years, in articulating in this case. As police officers, we can't thank them enough. This decision at least gives Jonathan and his family some justice. But it doesn't give them full closure, the pain will never go away.”

In an op-ed published early Thursday morning, Hendry said Diller’s family had been, “living a nightmare for two years. In Nassau County, where Diller is from, County Executive Bruce Blakeman called the verdict “very disappointing.”

“Shooting a law enforcement officer and killing that officer should be a capital offense,” Blakeman said. “The laws of our state need to be amended so that legal loopholes do not frustrate the fullest prosecution and punishment of cop killers. Our hearts go out to the Diller family on this very disappointing verdict.”

In his remarks outside the courthouse Wednesday night, Hendry mentioned that many families across New York City and the surrounding areas would be coming together Sunday to celebrate Easter. For Diller’s wife, Stephanie, and their son, Ryan, Hendry said the table would have an empty chair.

“Jonathan will not be at that table with his family. His wife, Stephanie, will never see her husband again. And Jonathan's son, Ryan will take all the milestones in his life without his father by his side to guide him,” Hendry said.

Diller was posthumously promoted to the rank of detective, Katz said. The last words he had spoken to Stephanie, Katz said, were, “I love you.”

“The last words Detective Jonathan Diller told his wife were ‘I love you.’ 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,” Katz said. “On March 25, 2024, Guy Rivera chose to ignore these facts, chose to ignore multiple lawful commands and chose to shoot Detective Diller. After shooting Detective Diller, he tried to shoot in the chest Sergeant Sasha Rosen. This crime stole the life of a dutiful officer and a family man and endangered the life of a devoted NYPD sergeant. I thank the members of my Homicide Bureau for prosecuting this case. 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.”