A police officer saw the man accused of killing Detective Jonathan Diller carrying what appeared to be a gun before the confrontation that led to the fatal shooting last week, according to new details released by the Queens district attorney.
The officer, who was on patrol in the Far Rockaway section of Queens and has not been identified by the authorities, noticed that the man, Guy Rivera, had the gun in the front pocket of his sweatshirt, the district attorney, Melinda Katz, said in an indictment on Monday.
After Mr. Rivera stepped into the passenger side of a car, Detective Diller, who was promoted posthumously, and other officers approached the vehicle, prosecutors said. They asked Mr. Rivera several times to roll down his window before they managed to get the car door open, according to the indictment.
Mr. Rivera then took out the gun and shot Detective Diller in the stomach at almost point-blank range, Ms. Katz said in a statement. Mr. Rivera has been charged with first-degree murder.
The details provide a possible new explanation for why the officers went up to the vehicle. Officials had previously said that the officers had approached Mr. Rivera and the driver, Lindy Jones, because they were illegally parked at a bus stop.
Mr. Rivera, 34, was also charged with attempted murder for attempting to fire his gun at another police officer after shooting Detective Diller.
Both Mr. Rivera and Mr. Jones were indicted on weapons possession charges, officials said. Investigators discovered a second gun in the car, according to court documents.
The death of Detective Diller sent shock waves throughout the city. His wake and funeral in Long Island drew thousands of people, including members of law enforcement, Gov. Kathy Hochul, Mayor Eric Adams and former President Donald J. Trump, the presumptive Republican nominee in this year’s presidential race.
Mayor Adams, a former police captain, spoke at the funeral. “I am you,” he told the assembled officers. “I know what it’s like to don a bulletproof vest.”
Mr. Rivera, who according to the authorities has 21 prior arrests, fired on Detective Diller on Mott Avenue near the corner of Beach 19th Street in Far Rockaway around 5:40 p.m. on March 25, according to the indictment.
Mr. Rivera shot Detective Diller through the car window, just below his protective vest, then aimed his gun at a sergeant, Sasha Rosen, who had also approached the vehicle, the indictment said. But the gun jammed, preventing Mr. Rivera from firing another round.
Detective Diller’s partner, Officer Veckash Khedna, returned fire and shot Mr. Rivera in the back.
Detective Diller was taken to Jamaica Hospital Medical Center, where he died. Mr. Rivera was arraigned last week from the same hospital, where he was still being treated for his injuries.
The Queens district attorney and detectives obtained a warrant to search the vehicle. They discovered a loaded 9-millimeter pistol in the glove compartment, officials said.
The other man in the car, Mr. Jones, 41, was arrested on a gun charge last year and had spent time in prison for first-degree robbery and attempted murder, according to the police and State Corrections Department records.
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