The murder trial of a man accused of killing an NYPD officer in Queens two years ago is scheduled to wind down Tuesday, as prosecutors and a defense attorney deliver their closing arguments to jurors.
The defendant, 36-year-old Guy Rivera, is charged with first-degree murder and other crimes for the killing of Officer Jonathan Diller, 31, during a confrontation in Far Rockaway in March 2024. If convicted, Rivera faces life in prison without the possibility of parole.
Jurors have heard testimony for about three weeks from a variety of witnesses, including fellow NYPD officers who were on scene when Diller was shot underneath his protective vest and mortally wounded.
Prosecutors have attempted to convince jurors that when the officers confronted Rivera as he was sitting in the passenger seat of a car that was blocking a bus stop, he intentionally pulled a handgun from his pocket and fired at Diller.
“He chose violence,” Assistant District Attorney Kenneth Zawistowski said in his opening statement on March 10.
Zawistowski told jurors that Diller acted heroically that day, using the last of his energy after he was shot to wrestle the gun out of Rivera’s hand. Jurors were shown dramatic NYPD body-camera footage that captured the chaotic scene and showed Diller lying motionless on the ground after he was struck.
But Rivera’s defense attorneys have sought to undermine that narrative by presenting another theory of the case and cross-examining witnesses throughout the trial.
In her opening statement, defense attorney Erin Darcy told jurors that Rivera’s gun went off accidentally and as a result of a struggle with another officer at the scene, Sgt. Sasha Rosen.
Rosen testified at the trial and faced intense cross-examination by Legal Aid Society attorney Jamal Johnson, who attempted to show jurors Rosen’s testimony may have been inconsistent with a report he wrote soon after the shooting.
Through his questioning, Johnson also sought to show jurors that the officers who were with Diller that day were stopping several people in Far Rockaway, apparently with limited reason to do so.
Just before confronting Rivera, officers in the unit had stopped a man on the sidewalk after seeing him adjust his waist, according to body-camera footage from the scene that was played in court. The officers let him go after they determined he was not carrying anything suspicious and was adjusting his belt.
