Suspect accused of killing NYPD's Jonathan Diller 'looks like he's smiling' in bodycam video: testimony

A man implicated in the tragic shooting of NYPD Detective Jonathan Diller during a routine traffic stop in Queens two years past has been cleared of first-degree murder charges. However, the jury found him guilty of manslaughter along with several other offenses.

Guy Rivera was convicted on Wednesday for aggravated manslaughter in the first degree. Additionally, he was found guilty of attempted murder in the first degree for his actions against a responding NYPD sergeant, and he faced two charges of criminal possession of a weapon in the second degree. Despite these convictions, the court acquitted him of the first-degree murder charge.

The deliberation process encountered a moment of uncertainty earlier that day. Initially, the jury announced that they had reached a verdict. However, a twist occurred when one juror expressed that the decision was not unanimous, prompting the judge to send them back for further discussion.

The jury’s foreman informed the judge that they had reached a not-guilty decision regarding the first-degree murder accusation, while convicting Rivera on the remaining charges. This decision was called into question when juror No. 5, upon being polled individually, voiced their disagreement with the collective verdict, as reported by the New York Post.

Composite image of Guy Rivera in court split with Jonathan Diller in NYPD uniform

Judge Michael Aloise addressed the jury, emphasizing the necessity for a unanimous verdict, and directed them to continue their deliberations. This instruction underscored the importance of reaching a consensus in such a significant case.

“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.

Guy Rivera wearing yellow shirt in court

Guy Rivera shot and killed NYPD Detective Jonathan Diller during a traffic stop in Queens in 2024. (Fox News)

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.

NYPD Officer Jonathan Diller funeral

Widow Stephanie Diller is seen at the funeral service for New York City Police Department Officer Jonathan Diller held at Saint Rose of Lima Roman Catholic Church in Massapequa Park, New York, on March 30, 2024. (The Image Direct for Fox News Digital)

“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.”

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