Man convicted of killing NYPD Det. Jonathan Diller will spend rest of his life behind bars

Guy Rivera, the man convicted of fatally shooting NYPD Det. Jonathan Diller during a traffic stop in 2024, was sentenced to 115 years to life in prison.

On April 1, Rivera was found guilty of aggravated manslaughter, along with criminal possession of a weapon. The jury found the 36-year-old not guilty of murder, the most serious charge.

He was also found guilty of attempted murder for trying to shoot NYPD Sgt. Sasha Rosen, who was with Diller at the time.

Rivera was sentenced to 40 years to life for attempted murder and 25 years to life for each of the other three charges. Each will run consecutively. Queens District Attorney Melinda Katz said he isn't eligible for parole until 115 years are served. 

"Your sentence to me was determined when you pulled that trigger," Queens Supreme Court Justice Michael Aloise. "It took me five minutes to calculate these numbers ... It's going to take you a lifetime to calculate the grief you caused them."

When asked by Judge Aloise if he had anything to say, Rivera replied, "No, your honor." 

Rivera's attorney said the plan is to appeal the sentencing decision. 

"The court's rulings, which prevented the jury from considering important evidence and lesser-included charges supported by the record -- including reckless manslaughter and criminally negligent homicide -- impaired the integrity of the jury's verdict.
Just as important, the fact that the court stated it had already made up its mind about sentencing well before the trial was conducted reveals the bias and uphill battle the defense faced throughout this case," said Jamal Johnson, attorney-in-charge of the Legal Aid Society's Homicide Defense Task Force. 

"You gave me and my son a life sentence"

During the hearing, the judge heard from Diller's widow, Stephanie, and his mother, Fran.

As his widow spoke about her unimaginable loss, officers in the courtroom were heard crying with their heads in their hands.

"Grief is not one moment; it follows me everywhere," she said. "Your actions cannot be undone. You gave me and my son a life sentence."

Diller's mother said his death haunts her every day.

"He was so proud to be a dad. It was who he was. Now his son will grow up without his father," she said. "That is a loss that will echo for eternity. I will never see his smile or hear his laughter."

She pleaded for the judge to impose the maximum sentence on Rivera. She said the split verdict was not what Diller deserved. 

Scott Munro, the president of the Detectives' Endowment Association, said the sentence wasn't enough.

"This sentence of 115 years to life isn't as good as the death penalty. Cop killers should receive the sentence they gave to our brave Det. Dilller," Munro said. 

Split verdict

During the trial, the defense argued Rosen caused the gun to go off unintentionally when he pulled Rivera from the vehicle.

"If they didn't prove intentional murder, then you can't convict ... a murder in the first degree," defense attorney Jamal Johnson said during his closing arguments.

The jury deliberated for about eight hours before finding him guilty on four of the five counts he was charged with. 

Some local officials expressed disappointment in the split verdict, including the Queens district attorney and NYPD Commissioner Jessica Tisch.

"While I am deeply disappointed that Jonathan's killer was not convicted of the top murder charge, I am grateful that he has been convicted on all other counts. My hope is that the ultimate sentence in this case will reflect the gravity of his actions, and the profound loss he caused for Stephanie, Ryan, the Diller family, the NYPD, and the entire City of New York," Tisch said, in part, in a statement after the verdict was announced.

"This judge sent a clear message with this lifetime sentence to anyone who dares harm a New York City police officer and we are grateful," Patrolmen's Benevolent Association President Patrick Hendry said.

Deadly traffic stop shooting

The shooting happened in Queens on March 25, 2024.

Diller, 31, and other members of the NYPD's Community Response team spotted Rivera with what appeared to be a gun in his hoodie pocket, prosecutors said.

Rivera allegedly got into the passenger seat of a car and ignored officers when they told him to roll down the window, take his hands out of his pockets and get out of the vehicle.

As officers pulled Rivera from the car, Rivera's gun was discharged, striking Diller just below his bullet-resistant vest. Prosecutors said Rivera then pointed the gun at Rosen, but the gun jammed.

Rivera was shot twice by police.

Diller was rushed to a local hospital, where he later died. He was an officer at the time of the shooting and was posthumously promoted to detective.