Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Jury acquits man of top murder charge in killing of NYPD officer, convicts of manslaughter
By
Ben Feuerherd
Published Apr 1, 2026
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Michael M. Santiago / Getty Images
By
Ben Feuerherd
Published Apr 1, 2026
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A jury in Queens has acquitted a man of the top murder charge in the death of NYPD Officer Jonathan Diller in Far Rockaway two years ago, while convicting him of aggravated manslaughter and other charges.
The defendant, 36-year-old Guy Rivera, could have faced life in prison without the possibility of parole if he had been found guilty of first-degree murder. Instead, jurors convicted him of aggravated manslaughter in the first degree, attempted murder and other charges.
Rivera faces up to 90 years to life in prison when he is sentenced. His sentencing is scheduled for April 27.
Rivera’s trial lasted more than three weeks. Jurors deliberated for about eight hours before reaching a verdict, according to prosecutors.
Jurors heard from several NYPD officers, who testified they were with Diller when they stopped Rivera as he was sitting in the passenger seat of a car on Mott Avenue in March 2024.
Police body-camera footage played at the trial showed one of the officers, Sgt. Sasha Rosen, struggling with Rivera to gain control of a handgun before a single shot was fired, striking Diller in the abdomen and mortally wounding him.
Prosecutors argued Rivera acted intentionally and knowingly shot Diller after aiming his gun at him. They also said Rivera tried to shoot Rosen after firing the fatal shot, but the gun jammed.
“Excuses two years later don’t amount to evidence,” Assistant District Attorney John Kosinski told jurors in his closing argument. “He pulled that trigger. It was in his hand. That’s what happened here.”
“One person is responsible for those actions,” Kosinski added. “This defendant.”
Kosinski said Rivera had a motive to kill Diller because he knew he was going to be arrested for having an illegal gun in his pocket and another one in the glove compartment of the car.
“He directed that gun at the person who stood between him and freedom and pulled the trigger,” the assistant district attorney said.
Rivera’s defense attorneys from the nonprofit Legal Aid Society attempted to undermine the narrative put forth by prosecutors. In their telling, the fatal shooting was the result of a chaotic struggle that started when Rosen reached into the car and pulled Rivera’s arm as he was trying to ditch the handgun he had in his pocket.
In his closing argument, defense attorney Jamal Johnson told jurors that Diller was not in Rivera’s view when the shot went off, so Rivera could not have intended to kill the officer.
“You can’t be afraid to come into this courtroom and say the words ‘not guilty,’” Johnson told the jurors, arguing prosecutors had not shown evidence of intent or motive to kill a police officer.
He added that the entire case was investigated by the NYPD and jurors heard only from law enforcement eyewitnesses during the trial, arguing officers had an interest in the outcome.
Queens District Attorney Melinda Katz said in a statement that the shooting “stole the life of a dutiful officer and a family man” and endangered another officer.
Police Commissioner Jessica Tisch said in a statement she was disappointed Rivera was not convicted of the top murder charge, but noted he was found guilty on other counts.
“My hope is that the ultimate sentence in this case will reflect the gravity of his actions,” Tisch wrote on social media.
Thirty-one-year-old Diller’s killing gained national attention in the midst of the 2024 presidential election.
President Donald Trump, who was running on a tough-on-crime message, attended Diller’s wake on Long Island, where the officer lived with his wife and young son, during the campaign.
Tagged
far rockaway
new york city
public safety
queens
Ben Feuerherd
Ben Feuerherd covers public safety and policing for WNYC and Gothamist. He previously covered federal courts for The New York Post and The Messenger. His work has also appeared in POLITICO, the Daily Beast and NBC New York. Got a tip? Email [email protected].
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
5 men charged with trespassing in 2 Manhattan manhole cases
Two people who were found soaking wet and smelling of sewage say they went underground to look for jewelry, according to police and a criminal complaint.
By
Charles Lane
Published Oct 23, 2026 at 7:49 p.m. ET
6-year-old girl breaks leg after getting hit by falling bricks in Queens
The girl was walking with her mother in Maspeth on Thursday. The Department of Buildings cited the owner of a garage for “failure to maintain” it.
By
Charles Lane
News
6-year-old girl breaks leg after getting hit by falling bricks in Queens
The girl was walking with her mother in Maspeth on Thursday. The Department of Buildings cited the owner of a garage for “failure to maintain” it.
By
Charles Lane
Mamdani extends ban on permits for new street fairs due to NYPD overtime
By
Carol Chen
Inside the Midtown Bus Terminal rebuild: Decks over Lincoln Tunnel approach, a new park
By
Ramsey Khalifeh
Black couple seeking Queens apartment sues over racist text from broker
By
Brittany Kriegstein
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .