A Queens jury on Wednesday convicted Guy Rivera of aggravated manslaughter and attempted murder in connection with the shooting death of NYPD Detective Jonathan Diller, but acquitted him of the most serious charge of first-degree murder.
The verdict came after unusual courtroom proceedings in which jurors initially announced they had reached a decision, only to be sent back for further deliberations when one member of the panel indicated disagreement with the verdict.
Rivera was found guilty of aggravated manslaughter in the first degree, attempted murder in the first degree for attempting to shoot an NYPD sergeant who also responded to the scene, and two counts of criminal possession of a weapon in the second degree. The first-degree murder charge, however, did not result in a conviction.
The incident occurred during a traffic stop in Queens two years ago. Detective Diller was shot and killed in the line of duty, leaving behind his widow, Stephanie Diller, who attended the trial proceedings surrounded by NYPD officers.
The jury’s path to a verdict proved complicated. When the panel first informed Judge Michael Aloise that they had reached a decision, the court clerk polled each juror individually to confirm unanimity, as required by law. During this poll, juror number five indicated disagreement with the verdict, creating an impasse.
“As I told you jurors, your verdict must be unanimous. Please go back in and deliberate,” Judge Aloise instructed the panel.
The jury returned to deliberations and subsequently sent two notes to the court. In one, they inquired about how many days they would be required to deliberate if they could not reach a verdict that day. Another juror requested permission to make a phone call to cancel an appointment.
Judge Aloise responded firmly to their inquiry. “There is no time limit, continue deliberating,” he told them.
After additional deliberations, the jury returned and announced they had reached a unanimous verdict on all charges.
The conviction on aggravated manslaughter and attempted murder charges carries significant prison time, though less than what would have resulted from a first-degree murder conviction. The attempted murder charge stems from Rivera’s actions toward the NYPD sergeant who responded to assist Detective Diller at the scene.
The case has drawn significant attention within law enforcement circles and the broader New York community, highlighting the dangers police officers face during routine traffic stops. Detective Diller’s death marked another tragic loss for the NYPD and served as a stark reminder of the risks inherent in police work.
The verdict represents a partial victory for prosecutors, who succeeded in securing convictions on serious charges while falling short on the top count of first-degree murder. The distinction between murder and manslaughter often hinges on questions of intent and premeditation, factors that jurors evidently weighed carefully during their deliberations.
Sentencing in the case will be scheduled at a later date.
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