NEW YORK (1010 WINS/WCBS 880) – A Queens man was arraigned Tuesday on a first-degree murder charge in the killing of NYPD Det. Jonathan Diller, who was shot during a March 25 traffic stop in the Rockaways.
Guy Rivera, 34, of Woodside, was also hit with a charge of second-degree murder, as well as charges of first and second-degree attempted murder for "attempting to fire" at an NYPD sergeant during the traffic stop in Far Rockaway, the Queens D.A. said. Additionally, he faces four counts of criminal possession of a weapon, both in the second and third degrees.
Rivera's attorneys entered a not guilty plea on his behalf. The defendant wore a brace on his wrist from the exchange of gunfire during the deadly traffic stop.
Diller, 31, was laid to rest March 30 after tens of thousands of police officers from the NYPD and other law enforcement agencies turned out in Massapequa Park for his funeral.
The officer, a three-year veteran of the NYPD, was posthumously promoted to detective. He is survived by his widow, Stephanie Diller, and their 1-year-old son, Ryan.
Stephanie and her late husband's parents were among the relatives surrounded by dozens of police officers at Queens Criminal Court for the arraignment.
"The family wants to be here to make sure that this violent killer stays behind bars where he belongs," said Patrick Hendry, the president of the Police Benevolent Association, the largest NYPD union. "This family is going through a living nightmare that no family should have to go through."
In a statement, Queens D.A. Melinda Katz called the shooting an "affront to a civilized society," noting Diller was trying to "rid our streets of illegal weapons" when he was killed. "His tragic death is a painful reminder that we must never let up in our quest to get these guns and those who use them off of our streets."
According to prosecutors, the shooting happened after a patrol officer saw Rivera with an apparent gun in the front pocket of his sweatshirt around 5:45 p.m. as he exited a store in Far Rockaway with another man—Lindy Jones, 41, of Edgemere. The two men got into a 2016 Kia Soul parked in front of 1919 Mott Ave., with Jones in the driver's seat.
Diller and other NYPD officers approached the Kia and repeatedly asked Rivera to roll down his window, prosecutors said. When they opened the passenger-side door, Rivera allegedly removed a .380-caliber pistol from his clothing and shot Diller, striking him in the stomach just below his bulletproof vest.
Rivera then aimed the gun at an NYPD sergeant, but the sergeant used his hand to direct the gun away from his body, prosecutor said. Rivera's finger remained on the trigger as he allegedly tried to point the gun back towards the sergeant.
The loaded gun jammed after the initial shot and was unable to fire additional rounds, according to prosecutors. Rivera and Jones were arrested at the scene.
Diller was transported Jamaica Hospital Medical Center, where he died from his injuries.
Jones was arraigned April 16 on charges of criminal possession of a weapon in the second and third degrees. The charges are related to a loaded 9 mm pistol that was later uncovered in the Kia's glove compartment, according to prosecutors, who said the firearm was defaced and had its serial number scratched off.
Rivera and Jones are both being held in jail ahead of their next court appearances on July 22 and June 12, respectively. Rivera faces up to life in prison without parole if convicted, while Jones faces up to 30 years.
Rivera has an extensive criminal history, with at least 27 prior arrests, which Katz said will play a role in determining his sentence if he's convicted.
"We'll see how much that comes into account, but right now he's facing life without parole," she said.