The ex-con accused of fatally shooting NYPD cop Jonathan Diller will not take the stand in his own defense, it was revealed Friday — as Queens prosecutors showed heartbreaking footage of the slain officer’s final breaths.
The 31-year-old dad of one could be heard gasping loudly for air as his brothers in blue shouted over him to “stay with me” and “stay with us” in the video compilation played in court as the prosecution rested its case against accused cop killer Guy Rivera.
Diller’s widow, Stephanie, and other family members left the courtroom before the harrowing footage was shown, as other loved ones present sobbed during the emotional presentation.
Rivera, 36, opted not to take the stand in his own defense as his attorney put on a brief case for jurors in Queens Supreme Court, showing pictures of injuries he sustained when he was shot by a cop during the 2024 traffic stop.
His lawyer also a video compilation that showed the mayhem outside in Far Rockaway during the shooting and people rushing for cover inside a store.
Prosecutors allege Rivera shot Diller as the officer, a new father to a 1-year-old boy, and other cops tried to get the career criminal to get out of the front passenger seat of a Kia Soul that was suspiciously parked at a bus stop on March 25, 2024.
One of the other officers, Sgt. Sasha Rosen could be seen in the footage played by prosecutors reaching into the car as someone screamed “hands out of pockets” before a series of gunshots rang out.
“I’m shot, I’m shot,” Diller screamed, while a street camera captured him falling near the back of the car.
Rivera got out of the car and appeared in a shooting stance before he was taken down by officers as someone could be heard saying “get a cuff on him.”
Bodycam video from Diller showed other cops and EMTs attending to the wounded officer and trying to get him into an ambulance as they pleaded with him to hang on.
He let out several loud, rasping gasps before the video showed him arriving at the hospital as a flood of medical staff wheeled him through the medical facility.
Rivera, who was shot twice during the havoc, is facing first-degree murder and attempted murder charges, along with a host of other counts, and could be sentenced to life in prison without parole if convicted.
His lawyer, Jamal Johnson, asked Judge Michael Aloise Friday to allow the jury to weigh a criminally negligent homicide charge as a lesser included offense.
He argued that the gun went off unintentionally when Rosen reached into the car – but prosecutors rebuked that, saying there was no evidence that the shooting was negligent.
Closing arguments are set for Tuesday before the jury begins deliberating.
The two-week trial against Rivera, who had 21 past arrests before the shooting, has featured several heart-wrenching moments, including testimony from Stephanie Diller and Diller’s NYPD partner Det. Veckash Khedna.
“I saw Diller laying on the floor … He’s not responding,” Khedna testified as tears streamed down his face Thursday.
“I’m thinking he’s dead. I started crying. One of my best friends is dead,” he said.
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