Man facing murder charges in shooting death of NYPD officer pleads not guilty

A New York City man was indicted on murder and attempted murder charges in the shooting death of NYPD Det. Jonathan Diller, a 31-year-old father and husband killed in March during a traffic stop in Queens.

Guy Rivera, 34, whose last known address is in Woodside, was arraigned Tuesday on an indictment charging him of first- and second-degree murder in the fatal shooting of Diller and first and second-degree attempted murder for attempting to fire at an NYPD sergeant in Far Rockaway on March 25, Queens District Attorney Melinda Katz said. Rivera, along with co-defendant Lindy Jones, 41, was also indicted on weapon charges (four counts of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree).

Sporting a blue cast on his right arm, Rivera pleaded not guilty as Diller's family sat in the courtroom, the first time they came face-to-face with the alleged killer.

Rivera, who has been recovering at Jamaica Hospital from a gunshot wound of his own, faces up to life in prison without the possibility of parole if convicted. He will remain in custody until his next court appearance scheduled for July 22.

Jones, Rivera’s co-defendant, was arraigned April 16 on charges of criminal possession of a weapon in the second and third degrees. He was remanded into custody and faces up to 30 years in prison. His next court date is scheduled for June 12.

According to the charges and statements made in court, Diller and another officer approached a car after an officer on patrol in Far Rockaway allegedly saw Rivera with what looked like a gun in the front pocket of his sweatshirt as he left a store with Jones on March 25 at around 5:45 p.m. The two men got into a car parked on Mott Avenue with Jones sitting in the driver's seat.

When Diller and the other officers approached the car, they allegedly asked Rivera to roll down his window before they were able to open the car door. It was then, according to the charges and court statements, that River shot Diller in the stomach.

Allegedly, after shooting Diller, Rivera tried to shoot Sgt. Sasha Rosen, as struggle ensued between Rosen and Rivera, but the gun jammed after the initial shot that struck Diller.

Diller was subsequently taken to the hospital where he died from his injuries.

A search warrant for the vehicle allegedly found a loaded 9 mm pistol inside the glove compartment that was defaced with the a scratched-off serial number. Prosecutors revealed in court that when Rivera was taken to the hospital, he admitted to carrying a knife in his rectal area. Records show Rivera previously served time behind bars for assault and drug offenses.

The focus on Rivera and Jones's activities leading up to the incident has intensified as new details emerge about the moments before the confrontation in Far Rockaway that resulted in the first killing of an NYPD officer in two years.

Diller, who received four NYPD recognitions in his three years with the department, is survived by his wife, Stephanie, and 1-year-old son, Ryan.

“Detective Diller was shot and killed while trying to rid our streets of illegal weapons, a lawless act that was an affront to a civilized society. 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," Katz said. "We are grateful that the grand jury returned serious charges against the defendant. Our thoughts are with Detective Diller’s family, friends and colleagues as they continue to grieve. We will seek justice for him.”