A Queens man pleaded not guilty to first-degree murder charges on Tuesday after prosecutors said he fatally shot NYPD Detective Johnathan Diller in March after Diller approached his car.
Guy Rivera, 34, faces the possibility of life in prison without the possibility of parole if he is convicted, the Queens district attorney’s office said in a press release. Rivera is being held in in jail and is set to appear in court again on July 22.
Prosecutors said that an officer on patrol in Far Rockaway on March 25 saw Rivera with what looked like a gun in his front pocket as he left a store with another man, who prosecutors said was Lindy Jones. Rivera then got into the passenger seat of a 2016 Kia Soul parked on Mott Avenue, while Jones got in the driver’s seat, according to prosecutors.
Prosecutors said Rivera then drew a gun and shot Diller in the stomach. Diller was taken to Jamaica Hospital Medical Center, where he died from his injuries, according to prosecutors.
Prosecutors said Rivera then aimed his gun at Diller’s partner, Sgt. Sasha Rosen.
Rosen pushed the gun away with his hand, prosecutors said, adding that Rivera’s finger remained on the trigger as he continued trying to point the gun at Rosen.
The gun was loaded but jammed after the first shot and couldn’t shoot additional rounds, according to prosecutors.
Jones, 41, pleaded not guilty to criminal possession of a weapon and other charges last month.
A spokesperson for the Legal Aid Society, which is representing Rivera, declined to comment after the arraignment.
Queens DA Melinda Katz said in a statement that the case is a reminder of the dangers of illegal guns.
“[Diller’s] 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,” she said.