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Accused killer on trial for murder of NYPD Det. Diller
Guy Rivera, 35, has pleaded not guilty to first- and second-degree murder charges in the March 2024 shooting. FOX 5 NY's Briella Tomassetti has the latest.
NEW YORK - The murder trial of Guy Rivera, the man accused of killing NYPD Detective Jonathan Diller, resumed Wednesday in Queens after an emotional and intense first day of testimony.
What we know:
Rivera, 35, faces charges of first- and second-degree murder, attempted murder of a police officer and criminal weapons possession. If convicted on the top counts, he faces life in prison without parole.
A large contingent of uniformed officers packed the courtroom Monday, with many more lining the hallways in a show of support for Diller and his family as prosecutors delivered opening statements and began presenting evidence.
Jurors were shown graphic body camera footage capturing what prosecutors described as Diller’s final moments.
MASSAPEQUA, NEW YORK - MARCH 30: NYPD pallbearers carry the casket of NYPD officer Jonathan Diller at his funeral at St. Rose of Lima R.C. Church on March 30, 2024 in Massapequa, New York. Officer Diller was killed on March 25th when he was shot in Q …
What happened to Officer Diller?
The backstory:
Diller and his partner approached a vehicle illegally parked outside a cell phone store in Far Rockaway in March 2024.
Prosecutors allege Rivera, who was seated in the front passenger seat, pointed a gun directly at the 31-year-old officer and intentionally opened fire as police investigated suspicions the men inside were planning a robbery.
Diller was shot in the stomach.
He was transported to Jamaica Hospital Medical Center, where he was later pronounced dead.
He was posthumously promoted to detective first grade.
During the proceedings, Diller’s widow, Stephanie Diller, now raising the couple’s 3-year-old son, Ryan, broke down in tears and left the courtroom at least twice.
Rivera, who has 21 prior arrests, showed little visible emotion as prosecutors outlined their case.
Defense says shooting was not intentional
The other side:
Defense attorney Erin Darcy told jurors the shooting was not intentional, arguing Rivera discharged the weapon accidentally during a struggle with officers who were attempting to take him into custody. She said body camera footage would support the defense’s claim.
First witness
The prosecution’s first witness was former NYPD Officer Steven Mihalik, now with the Suffolk County Police Department, who testified that he responded to a call for an officer in need of assistance and rushed Diller to the hospital in the back seat of his patrol car.
What's next:
Testimony is expected to continue Wednesday, with Diller’s partner, Sgt. Sasha Rosen, a nearly 25-year veteran of the NYPD, anticipated to take the stand as a key witness for the prosecution.
The Source: This story is based on information from FOX 5 NY's Briella Tomassetti.