Closing arguments conclude for man accused of killing NYPD Det. Jonathan Diller
Closing arguments concluded Tuesday in the trial of the man accused of fatally shooting a New York City police detective in 2024.
Guy Rivera, 36, is accused of killing Jonathan Diller, 31, during a Queens traffic stop. He pleaded not guilty to multiple charges, including murder of a police officer.
Diller was a police officer when he was killed. He was posthumously promoted to detective.
What happened to Det. Jonathan Diller?
Diller and his partner pulled over a car in Far Rockaway on March 25, 2024. Diller's lawyers said Rivera was spotted with what appeared to be a gun in his sweatshirt pocket.
Rivera allegedly got into the passenger seat of a car and ignored the police's repeated orders to roll down the window, not put his hands in his pocket and get out of the vehicle. He then allegedly shot Diller after he was pulled out of the car.
Diller was shot in the torso, just below his bullet-resistant vest. He was rushed to the hospital, where he died from his injuries.
The defense's closing arguments
Rivera listened closely as his defense attorney spent more than two hours Tuesday morning explaining to the jury why they should not find him guilty of murdering Diller.
The defense claims Sgt. Sasha Rosen, who was with Diller, grabbed Rivera and caused the weapon to unintentionally go off.
"If they didn't prove intentional murder, then you can't convict of the very first count that you're going to see ... You can't convict a murder in the first degree," defense attorney Jamal Johnson said.
In arguing Rivera had no intent to kill, the defense showed the jury a slide alleging he didn't use profanity or threaten police.
"Just because you are accused of a crime doesn't mean that you are guilty of all of those crimes, and that not every death is the result of someone's intent," Johnson said.
The defense added, "All I'm asking you to do as jurors is look at this fairly and objectively without sympathy."
The prosecution's closing arguments
In the afternoon, Assistant District Attorney John Kosinski disputed that Rosen caused the gunfire and recited Rosen's testimony.
"He said, 'I saw the gun and the gun went off simultaneously.' How could he have grabbed that gun before he even saw it?" Kosinski said. "He has no burns, he has no bullet wounds on his hands because he wasn't holding a gun."
The prosecution argued Rivera did intend to kill Diller and replayed bodycam video.
"Why does someone walk around Queens County on a beautiful spring day, why, with two loaded guns?" Kosinski said.
Diller's widow tearfully testified during the trial about their last day together with their toddler son before he went to work.
Rivera declined to testify. If convicted on the top charge, Rivera faces life in prison without parole.
The jury will be charged Wednesday morning and begin deliberations.
