Defense attorneys ask to examine vehicle in fatal shooting of NYPD Det. Jonathan Diller, of Massapequa Park, prosecutors say

Defense attorneys for the Queens man accused of killing NYPD Det. Jonathan Diller earlier this year are seeking to examine the car from which the deadly shooting took place in March, prosecutors handling the case said.

During a brief court hearing Monday in State Supreme Court in Queens, Assistant District Attorney John Kosinski told Judge Michael Aloise that attorneys for accused killer Guy Rivera have asked for the ability to do their own forensic examination of the 2016 Kia Soul that officials said served as a crime scene in the shooting.

Such requests to review evidence are standard in criminal cases, and it is expected to be carried out within the next several weeks.

Scores of NYPD officers filled the courtroom for the hearing along with relatives of Diller, none of whom spoke afterward.

Rivera, 34, of Woodside, faces charges of first- and second-degree murder, as well as other charges, stemming from the March 25 fatal shooting of Diller during what started as a car stop on Mott Street in Far Rockaway. He faces up to life in prison without parole, if convicted.

According to law enforcement officials and court documents, the 31-year old Diller, of Massapequa Park, was part of a police community enforcement detail that spotted Rivera walking with what appeared to be a handgun in his sweatshirt. After Rivera entered the vehicle, Diller, who was in police uniform with his shield displayed, approached him on the front passenger side and the two men grappled over a handgun Rivera had suddenly pointed at Diller, according to police.

Rivera is accused of firing one shot that fatally wounded Diller in the stomach. A second officer, Sgt. Sasha Rosen, then tried to get the handgun away from Rivera, who police said wanted to fire again, but the weapon malfunctioned, court documents stated. Another officer fired at Rivera, wounding him in the arm.

The driver of the Kia, Lindy Jones, 40, also of Queens, was arrested and charged with various criminal weapons possession charges. Investigators found a loaded 9 mm handgun with a defaced serial number in the glove compartment and a second loaded handgun from the rear passenger floor of the Kia.

Jones has a 2002 conviction for attempted murder in Queens, court records showed. But Jones, who has told police that he didn’t know Rivera was going to shoot anyone, is not charged with homicide in Diller’s death.

During the hearing before Aloise, Rivera told the court he was waiving any potential conflict of interest his Legal Aid Society attorneys might have in the case. The prosecution team led by Kosinski had raised the issue of an attorney conflict because Legal Aid attorneys might represent potential witnesses in the case.

Aloise thought the legal conflict issue might be a little premature but nevertheless appointed a special conflict attorney, who earlier had briefed Rivera about the legal issue.

Rivera, whose right wrist was wrapped in a brace, said he still wanted to waive the conflict issue and keep his present Legal Aid attorney, Jamal Lamar Johnson. Rivera is being held without bail.

Outside the courthouse, Police Benevolent Association president Patrick Hendry said officers would continue to fill the courtroom during all court appearances of Rivera and Jones.

Aloise set Oct. 22 for Rivera's the next court appearance.

By Anthony M. DeStefano

tony.destefano@newsday.comtonynewsday

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.