Ex-NYPD sergeant says jury 'absolutely missed the mark' after cop killer dodges murder charge
A former NYPD sergeant slammed a jury’s decision in the killing of officer Jonathan Diller, saying they "absolutely missed the mark" by rejecting a first-degree murder charge for the gunman, despite evidence he believes showed clear intent.
"When you intentionally bring an illegal firearm onto a street, you hold it in your hand, and you pull a trigger, you know the consequences…" Joseph Imperatrice told "Fox & Friends First" on Thursday.
"For this jury to turn around and not think for one second that that was murder, knowing these officers were identified, knowing there were several officers in uniform that were identifiable on the scene, that's intentional, and they absolutely missed the mark here," he added.
Diller, an NYPD detective, was shot and killed in March 2024 during a routine traffic stop in Queens.
Guy Rivera, the man accused of the fatal shooting, was convicted Wednesday of aggravated manslaughter in the first degree, attempted murder in the first degree for attempting to shoot an NYPD sergeant who also responded to the scene and two counts of criminal possession of a weapon in the second degree.
He was acquitted of murder in the first degree, however.
Fox News contributor and criminal defense attorney Josh Ritter said the verdict appears "inconsistent," pointing to a disconnect between the acquittal on the top murder charge and the conviction for attempted murder of a second officer at the scene.
"We're struggling with the idea of intent because the conviction on attempted murder for the other officer, that's a specific intent crime, meaning you had to have intended to kill that person in order to commit attempted murder," he said Thursday on "Fox & Friends."
"You attempted to kill the one officer, but then they struggled with intent on the first-degree charge against the officer that actually was killed… it does seem as though there was some misunderstanding as far as the law goes. It does appear to be inconsistent."
Imperatrice said the verdict reflects broader challenges law enforcement officers face with repeat offenders and the criminal justice system.
"It's bad enough that law enforcement has to go against the grain every day and fight the politicians and the nonsense laws," Imperatrice said.
"We shouldn't have to worry that a jury clear as day that sees a guy with a rap sheet a mile long that's been out already on previous gun charges pulls a trigger intentionally and kills one of our own. These officers shouldn't have to worry about that. This should have been life in prison at best, but in my personal opinion, [if] you kill a police officer, it should be death."
Fox News' Landon Mion contributed to this report.