Jury selection to start in trial of man charged with killing NYPD Det. Jonathan Diller, of Massapequa Park

Jury selection is expected to begin Wednesday in the murder trial of the Queens man accused of killing NYPD Det. Jonathan Diller of Massapequa Park during a violent street encounter in March 2024.

Dozens of potential jurors will be called to the courtroom of Queens State Supreme Court Judge Michael Aloise to be vetted by both the prosecution and defense attorneys for a trial that is expected to see opening statements on March 10 in the case against Guy Rivera, 36.

Court sources expect jury selection to take about two days with a trial expected to last close to three or four weeks. Leading the prosecution for the Queens district attorney's office will be Assistant District Attorney John Kosinski, chief of the homicide bureau.

A large contingent of police officers and members of the Police Benevolent Association of the City of New York, which represents thousands of uniformed officers, will be in attendance.

"It has already been a long road to justice for our hero brother’s family, and this is going to be the toughest challenge yet," PBA president Patrick Hendry told Newsday. "We will be there to support them every step of the way."

Rivera, who served time in prison for firing a weapon at someone in 2011, was indicted for first-degree murder and other charges in the death of Diller, 31, on March 25, 2024, in Far Rockaway. According to police, Diller was part of an NYPD community response team patrolling near 19-19 Mott Ave., in a high-crime area.

Diller and fellow officers, including Sgt. Sasha Rosen, spotted Rivera leaving a store around 5 p.m. and noticed he appeared to have a bulge in the front pocket of his sweatshirt and followed him to a parked 2016 Kia Soul. According to police, after Rivera entered the passenger side front seat, the door was locked and Diller tried to open it after asking Rivera to unlock it. In the driver’s seat was Lindy Jones, 43, who had a conviction for attempted murder.

Then, according to investigators and court records, Rivera fired one shot at Diller with a .380 mm semiautomatic pistol, striking the officer in the abdomen, just under his protective vest. Surveillance camera video captured a mortally wounded Diller writhing in pain on the ground.

"I’m shot!" Diller could be heard saying on police body camera footage before being taken to a hospital, where he died. At his funeral, Diller was promoted to detective.

Diller was married to Stephanie Diller, with whom he had a 1-year-old son, Ryan. Stephanie Diller couldn’t be reached for comment last week.

Right after Diller was shot, another officer on the driver’s side of the car fired past Jones, striking Rivera once in the back. EMS personnel then drove Rivera to a hospital.

Jones was not charged with the murder of Diller but with criminal possession of a weapon found in the Kia’s glove compartment. Jones' case will go to trial at a later date.

A key witness for the prosecution is expected to be Rosen, a veteran officer with nearly 25 years' experience at the time of shooting, including with gun cases.

During a recent evidence suppression hearing before Aloise, Rosen explained how the bulge in Rivera’s sweatshirt front pocket made him believe the suspect was carrying a firearm. According to court records, Rosen testified he saw the outline of a gun facing down and the outline of a rear gun sight to the right of Rivera’s pocket.

"Did you see that?" Rosen said to Diller and another officer about what he believed was a firearm in Rivera’s sweatshirt pocket, according to court records. It was then that Diller approached the Kia.

Rosen said that when Diller was shot he grabbed Rivera’s hand and apprehended him a few seconds later holding the handgun. Police said Rivera tried to fire at Rosen but the handgun malfunctioned.

Rivera’s defense attorney, Jamal Johnson, couldn’t be reached for comment.

If convicted of the most serious first-degree murder charge, Rivera faces a sentence of life without parole.