DA secures indictment in NYPD officer Jonathan Diller's murder: 'Should have never been on the street'
Queens District Attorney Melinda Katz announced that Guy Rivera and Lindy Jones have been indicted on charges connected to the shooting death of NYPD Officer Jonathan Diller in Far Rockway last week.
"The killing of a New York City police officer strikes at the heart of this city and rattles any sense of security in a civilized society. The grand jury has returned several felony charges against these defendants in the death of Detective Jonathan Diller, a dedicated officer, father, husband, and son who lost his life while carrying out his duty to serve and protect the community," Katz said.
Rivera, the 34-year-old suspected of fatally shooting Diller during a traffic stop, was indicted for first-degree murder for homicide and first-degree attempted murder for attempting to fire his weapon at an NYPD sergeant at the scene. Both defendants were indicted on charges of criminal possession of a weapon for a second weapon found in the car.
"We need to make sure we hold people accountable. They go after our law enforcement. Going after law enforcement in the city of New York sends a message. We want to send a message back. You can't do that. We will indict you for it. And today we did that," Katz continued.
Jones was indicted on two counts of criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree.
"Today, my office made a motion to make sure that he was remanded not only on this gun possession, but also the previous gun possession. To make sure that he stands trial, he is a flight risk. We proved that to the judge today. And remanded him," Katz said.
Katz said Jones admitted in court that he "shoots people."
"He's facing up to 30 years, and he made it very clear that this is what he does. He shoots people. We talked about it in court, and the judge remanded him," Katz told reporters.
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Nearly 100 NYPD officers shuffled into the courtroom, filling nearly every seat as Rivera made his first appearance.
"This is a vicious career criminal who has the mentality to kill a New York City police officer. He's a dangerous individual. Should have never been on the streets," Police Benevolent Association (PBA) President Patrick Hendry said.
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On March 25, at approximately 5:40 p.m., Diller saw Rivera with what looked like a gun in the front pocket of his sweatshirt. Rivera and Jones then got into a 2016 Kia Soul, with Jones in the driver’s seat, prosecutors said.
Diller and other officers approached the car and repeatedly asked Rivera to roll down his window before they were able to open the car door. Rivera then removed a gun from his clothing and shot Diller, prosecutors allege. The officer was hit in the stomach.
"There is no excuse, none whatsoever, for this individual to have been out of jail during the time of this homicide of police officer Diller," Hendry said.
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Hendry called for more change.
"Police officers behind me are sick and tired of our criminal justice system not doing its job. It starts today. We're going to continue to be in these courtrooms. Time after time after time until change happens. Attacks on police officers have to end," Hendry said.
Hendry emphasized that the judges in these cases need to do their jobs and stop making excuses.
"They should be holding these violent criminals. They should be remanded. They should not be back on the streets," Hendry pleaded.
Court was adjourned until April 16. Rivera is being held without bail after the judge deemed him a flight risk.
"This is one step towards the road to justice for our hero brother and his family. I thank you, I know his family. Thank you and we thank you for what you do every single day, risking your lives to keep everybody in this city safe. Thank you so much," Hendry said.
Rivera faces up to life in prison without the possibility of parole if convicted. Jones faces up to 15 years in prison if convicted on the current charges, in addition to 15 years on a separate open weapons charge from April 2023, according to Katz's office.
Officer Diller was posthumously promoted to rank of Detective, First Grade.
"The senseless gun violence not only took the detective’s life but also endangered another member of the NYPD. We continue to stand united in seeking justice for the victims, the grieving families, and the entire NYPD community," Katz said.