Guy Rivera was charged with first-degree murder in the fatal shooting of NYPD officer Jonathan Diller of Long Island during a traffic stop in Far Rockaway, authorities said. Credit: Newsday

The gunman accused of fatally shooting an NYPD officer from Long Island during a traffic stop in Queens earlier this week was ordered held without bail Thursday on first-degree murder and other charges, including allegations he attempted to shoot another officer during the deadly encounter but his gun jammed.

Guy Rivera, 34, of Woodside, Queens, was charged with first- and second-degree murder, first- and second-degree attempted murder, four counts of second-degree criminal possession of a weapon and one count of third-degree criminal possession of a weapon in the killing of NYPD Officer Jonathan E. Diller, 31, of Massapequa Park, according to the Queens District Attorney’s Office.

Rivera, who has been hospitalized since Diller’s partner shot him in the back, was ordered remanded during his arraignment Thursday, a spokesperson for the Queens district attorney said. Rivera is due back in court Friday.

An attorney for Rivera could not be immediately reached. The NYPD said Thursday that he was in stable condition at Jamaica Hospital Medical Center.

“Police Officer Diller was a father, husband and son simply doing his job to serve and protect. He was killed for it,” Queens District Attorney Melinda Katz said in a statement Thursday. “As alleged, the defendant opened fire and took the officer’s life and tried to shoot another member of the NYPD. We will not rest until we have achieved justice for Officer Diller, his family and his brothers and sisters in the NYPD who put their lives on the line to protect us.”

After fatally shooting Diller, Queens prosecutors said Thursday, Rivera aimed his gun at NYPD Sgt. Sasha Rosen, who was with Diller. Rosen used his hand to direct the gun away from his body, prosecutors said, but Rivera’s finger remained on the trigger as he tried to point the gun back toward Rosen. Prosecutors said the gun was loaded, but jammed.

Prosecutors announced Rivera's charges on the first day of Diller's wake, which was attended by former President Donald Trump.

White House press secretary Karine Jean-Pierre told reporters on Thursday that President Joe Biden spoke with New York City Mayor Eric Adams to offer his condolences.

“The President offered Mayor Adams, the city of New York and the New York Police Department full support in the wake of the tragedy,” Jean-Pierre told reporters aboard Air Force One en route to New York, where Biden was scheduled to headline a Thursday evening fundraiser with former Presidents Bill Clinton and Barack Obama at Radio City Music Hall.

Asked if Biden had spoken to Diller's family, Jean-Pierre said she did not “have any private communications to share at this time.”

“Our hearts go out, obviously to the officer's family, and the broader NYPD family, who have tragically lost one of their own,” Jean-Pierre said. “The president grieves for them and honors their sacrifice.”

Gov. Kathy Hochul on Thursday morning directed flags on all state buildings to be flown at half-staff to honor Diller.

“New Yorkers are in mourning over the loss of Officer Jonathan Diller, a heroic young man who dedicated his life to public safety and serving the people,” the governor said. “Our prayers are with his family, his loved ones and his colleagues in the NYPD as they grieve this tragic and senseless loss.”

Flags will be lowered to half-staff from sunrise to sunset on Saturday for Diller's memorial service,the governor's office said in a news release.

Suffolk County Executive Ed Romaine also ordered all flags at county facilities to be flown at half-staff through Monday.

Driver Lindy Jones, 41, was charged Wednesday with second- and third-degree criminal possession of a weapon after investigators found a loaded and defaced 9 mm handgun during a search of the Kia he was driving before Monday's shooting, according to charging documents. Jones, who did not enter a plea, was ordered held without bail by Judge Maria Gonzalez in Queens Criminal Court.

Queens prosecutors said the defaced 9 mm found inside a glove box of the vehicle had one round of ammunition in the chamber and seven more in an attached magazine, court records showed.

Diller, a married father of one, was shot in the torso and killed by Rivera, a passenger in Jones’ vehicle, in Far Rockaway on Monday night, police said. Rivera fired one shot at Diller while sitting in the passenger seat after the two engaged in a tug-of-war over the suspect's car door during a traffic stop that quickly escalated into a deadly encounter, police said.

Diller eventually got the door open and directed Rivera to remove his hands from his sweatshirt pockets, police said. Rivera then fired one shot, striking Diller in the abdomen under his bullet-resistant vest, a police official said. Police said Diller continued to try to disarm the shooter, even after he was shot.

Rosen, Diller’s partner, fired twice in front of the driver and hit Rivera once in the back, police said.

Police said for about 10 minutes before the shooting, surveillance video shows the Kia carrying the two men was illegally parked in a bus lane outside a T-Mobile store.

“What were they planning on doing that night?” asked Patrick Hendry, NYPD Police Benevolent Association president, as he spoke following the arraignment of Jones.

At Jones' arraignment Wednesday, Queens Assistant District Attorney Gabriel Reale said Jones told investigators he was picking up a hitchhiker and did not know Rivera.

Jones, who is due back in court Friday, is facing 15 years in prison on the weapons charges, with the possibility of serving 30 years if also convicted in a pending 2023 weapons case, the prosecutor said.

Hundreds of police officers — both in uniforms and street clothes — filled the courtroom and a separate overflow room to show their support for Diller, the first NYPD officer killed in the line of duty since 2022.

The emotional impact of the death of Diller extended from the courtroom to nearby Citi Field in Flushing, where the Mets will honor Diller with a sign atop Citi Field at Opening Day on Friday.

The sign, which includes a photo of Diller, reads: “In Memoriam: Jonathan Diller 1992-2024.” The Mets will hold a moment of silence.

In addition to Thursday and Friday's wake, a service for Diller will take place on Saturday at St. Rose of Lima R.C. Church, 2 Bayview Ave., Massapequa, followed by burial at St. Charles Cemetery in Farmingdale.

Police said they are still conducting their investigation into how the traffic stop escalated to a fatal shooting at about 5:48 p.m. Monday at 19-19 Mott Ave.

The department has not said why the police officers ordered the men to open the car.

Rivera and Jones both have extensive criminal records, documents from the Queens District Attorney's Office show.

Jones' criminal record dates back to 2001, when he was charged with attempted murder and first-degree robbery. He was sentenced in that case to 10 years in prison in 2003.

And last April, he was arrested for possessing a loaded handgun in Queens and released on bond, court records show.

Rivera was sentenced to 3½ years in prison in 2011 after he pleaded guilty to first-degree reckless endangerment for firing a handgun at a man he attempted to rob of cash, the documents said. In 2016, Rivera pleaded guilty to criminal possession of a controlled substance and was sentenced to 6 years in prison and a 6-month license suspension after he sold cocaine and heroin to an undercover officer, the records show.

The last NYPD officers killed on duty were Wilbert Mora, 27, and Jason Rivera, 22, who were shot in 2022 while responding to a domestic dispute at a Harlem apartment.

With Laura Figueroa Hernandez

The gunman accused of fatally shooting an NYPD officer from Long Island during a traffic stop in Queens earlier this week was ordered held without bail Thursday on first-degree murder and other charges, including allegations he attempted to shoot another officer during the deadly encounter but his gun jammed.

Guy Rivera, 34, of Woodside, Queens, was charged with first- and second-degree murder, first- and second-degree attempted murder, four counts of second-degree criminal possession of a weapon and one count of third-degree criminal possession of a weapon in the killing of NYPD Officer Jonathan E. Diller, 31, of Massapequa Park, according to the Queens District Attorney’s Office.

Rivera, who has been hospitalized since Diller’s partner shot him in the back, was ordered remanded during his arraignment Thursday, a spokesperson for the Queens district attorney said. Rivera is due back in court Friday.

An attorney for Rivera could not be immediately reached. The NYPD said Thursday that he was in stable condition at Jamaica Hospital Medical Center.

WHAT TO KNOW

  • The gunman accused of fatally shooting an NYPD officer from Long Island during a traffic stop has been charged with murder as he remains hospitalized with a gunshot wound.
  • Guy Rivera, of Queens, was charged with first- and second-degree murder, first- and second-degree attempted murder, four counts of second-degree criminal possession of a weapon and one count of third-degree criminal possession of a weapon in the killing of NYPD Officer Jonathan E. Diller.
  • Prosecutors said Thursday that during the deadly encounter Rivera also attempted to shoot another officer but his gun jammed.

“Police Officer Diller was a father, husband and son simply doing his job to serve and protect. He was killed for it,” Queens District Attorney Melinda Katz said in a statement Thursday. “As alleged, the defendant opened fire and took the officer’s life and tried to shoot another member of the NYPD. We will not rest until we have achieved justice for Officer Diller, his family and his brothers and sisters in the NYPD who put their lives on the line to protect us.”

After fatally shooting Diller, Queens prosecutors said Thursday, Rivera aimed his gun at NYPD Sgt. Sasha Rosen, who was with Diller. Rosen used his hand to direct the gun away from his body, prosecutors said, but Rivera’s finger remained on the trigger as he tried to point the gun back toward Rosen. Prosecutors said the gun was loaded, but jammed.

Prosecutors announced Rivera's charges on the first day of Diller's wake, which was attended by former President Donald Trump.

White House press secretary Karine Jean-Pierre told reporters on Thursday that President Joe Biden spoke with New York City Mayor Eric Adams to offer his condolences.

“The President offered Mayor Adams, the city of New York and the New York Police Department full support in the wake of the tragedy,” Jean-Pierre told reporters aboard Air Force One en route to New York, where Biden was scheduled to headline a Thursday evening fundraiser with former Presidents Bill Clinton and Barack Obama at Radio City Music Hall.

Asked if Biden had spoken to Diller's family, Jean-Pierre said she did not “have any private communications to share at this time.”

“Our hearts go out, obviously to the officer's family, and the broader NYPD family, who have tragically lost one of their own,” Jean-Pierre said. “The president grieves for them and honors their sacrifice.”

Gov. Kathy Hochul on Thursday morning directed flags on all state buildings to be flown at half-staff to honor Diller.

“New Yorkers are in mourning over the loss of Officer Jonathan Diller, a heroic young man who dedicated his life to public safety and serving the people,” the governor said. “Our prayers are with his family, his loved ones and his colleagues in the NYPD as they grieve this tragic and senseless loss.”

Flags will be lowered to half-staff from sunrise to sunset on Saturday for Diller's memorial service,the governor's office said in a news release.

Suffolk County Executive Ed Romaine also ordered all flags at county facilities to be flown at half-staff through Monday.

Driver Lindy Jones, 41, was charged Wednesday with second- and third-degree criminal possession of a weapon after investigators found a loaded and defaced 9 mm handgun during a search of the Kia he was driving before Monday's shooting, according to charging documents. Jones, who did not enter a plea, was ordered held without bail by Judge Maria Gonzalez in Queens Criminal Court.

Queens prosecutors said the defaced 9 mm found inside a glove box of the vehicle had one round of ammunition in the chamber and seven more in an attached magazine, court records showed.

Diller, a married father of one, was shot in the torso and killed by Rivera, a passenger in Jones’ vehicle, in Far Rockaway on Monday night, police said. Rivera fired one shot at Diller while sitting in the passenger seat after the two engaged in a tug-of-war over the suspect's car door during a traffic stop that quickly escalated into a deadly encounter, police said.

Diller eventually got the door open and directed Rivera to remove his hands from his sweatshirt pockets, police said. Rivera then fired one shot, striking Diller in the abdomen under his bullet-resistant vest, a police official said. Police said Diller continued to try to disarm the shooter, even after he was shot.

Rosen, Diller’s partner, fired twice in front of the driver and hit Rivera once in the back, police said.

Police said for about 10 minutes before the shooting, surveillance video shows the Kia carrying the two men was illegally parked in a bus lane outside a T-Mobile store.

“What were they planning on doing that night?” asked Patrick Hendry, NYPD Police Benevolent Association president, as he spoke following the arraignment of Jones.

At Jones' arraignment Wednesday, Queens Assistant District Attorney Gabriel Reale said Jones told investigators he was picking up a hitchhiker and did not know Rivera.

Jones, who is due back in court Friday, is facing 15 years in prison on the weapons charges, with the possibility of serving 30 years if also convicted in a pending 2023 weapons case, the prosecutor said.

Hundreds of police officers — both in uniforms and street clothes — filled the courtroom and a separate overflow room to show their support for Diller, the first NYPD officer killed in the line of duty since 2022.

The emotional impact of the death of Diller extended from the courtroom to nearby Citi Field in Flushing, where the Mets will honor Diller with a sign atop Citi Field at Opening Day on Friday.

The sign, which includes a photo of Diller, reads: “In Memoriam: Jonathan Diller 1992-2024.” The Mets will hold a moment of silence.

In addition to Thursday and Friday's wake, a service for Diller will take place on Saturday at St. Rose of Lima R.C. Church, 2 Bayview Ave., Massapequa, followed by burial at St. Charles Cemetery in Farmingdale.

Police said they are still conducting their investigation into how the traffic stop escalated to a fatal shooting at about 5:48 p.m. Monday at 19-19 Mott Ave.

The department has not said why the police officers ordered the men to open the car.

Rivera and Jones both have extensive criminal records, documents from the Queens District Attorney's Office show.

Jones' criminal record dates back to 2001, when he was charged with attempted murder and first-degree robbery. He was sentenced in that case to 10 years in prison in 2003.

And last April, he was arrested for possessing a loaded handgun in Queens and released on bond, court records show.

Rivera was sentenced to 3½ years in prison in 2011 after he pleaded guilty to first-degree reckless endangerment for firing a handgun at a man he attempted to rob of cash, the documents said. In 2016, Rivera pleaded guilty to criminal possession of a controlled substance and was sentenced to 6 years in prison and a 6-month license suspension after he sold cocaine and heroin to an undercover officer, the records show.

The last NYPD officers killed on duty were Wilbert Mora, 27, and Jason Rivera, 22, who were shot in 2022 while responding to a domestic dispute at a Harlem apartment.

With Laura Figueroa Hernandez

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