A jury found Guy Rivera not guilty on the top murder charge in the fatal shooting of NYPD Officer Jonathan Diller in March 2024, but was convicted on four lesser charges on Wednesday.
The 36-year-old was found not guilty of first-degree murder, but was found guilty of first-degree aggravated manslaughter, attempted murder, and two counts of criminal possession of a weapon.
When the mixed verdict was first announced, it was emotional enough for Diller’s family and fellow officers, but the court was also stunned by something unusual.
When the verdict was read, one juror answered “no” when polled, so the judge sent them back to deliberate.
They returned two hours later, announcing the same verdict. This time, the decision was unanimous.
NYPD Commissioner Jessica Tisch said she’s “deeply disappointed” that Rivera was not convicted of the top murder charged, but is “grateful” he was convicted on the other counts.
“Shocked and devastated. There is no doubt. No doubt. The facts were there,” said Police Benevolent Association President Patrick Hendry.
Judge Michael Alois allowed the jury to consider a conviction of aggravated manslaughter in the first degree.
Unlike the first-degree murder charge, the manslaughter count requires intent to cause someone serious injury that then results in death.
Rivera had been charged with the first degree murder of Diller, the attempted first-degree murder of his partner Sgt. Sasha Rosen, as well as two weapons counts.
“He pushed it right against Sgt. Rosen’s chest and he tried pulling the trigger,” Queens District Melinda Katz said. “It’s a miracle that Sgt. Rosen is still here with us. And thankfully, the gun jammed.”
Only an hour into deliberations, they jury sent out their first note asking to see the 18-minute prosecution compilation video of side by side the surveillance video and the various body worn camera videos synced up to play out in real time.
Right after lunch, a second note came asking for clarification the five elements to consider in deliberating on those top three counts and if they were specific to the victim.
The first-degree murder carried a potential prison sentence of life without parole, however, the the guilty verdict on the other four counts could still rack up a max life sentence of 90 years to life in prison.
“I stand here today proud of that verdict. Guy Rivera will face at a maximum 90 years to life as a sentence for all of the crimes that he was convicted of today,” Katz said.
The attempted murder charge carries the longest potential sentence of the four counts the jury convicted Rivera of.
“We are grateful that, you know, he’s going to spend the rest of his life behind bars. We’re grateful for the DA and her entire team, but it, but it hurts,” Hendry said.
Rivera had pleaded not guilty to all the charges.
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