Man in Custody in Fatal Shooting of N.Y.P.D. Officer

A 34-year-old man was in police custody on Tuesday in the fatal shooting of Police Officer Jonathan Diller during a traffic stop in Queens.

The man, Guy Rivera, 34, was sitting in the front seat of an S.U.V. parked in Far Rockaway shortly before 6 p.m. on Monday when Officer Diller and his partner approached, the police said. Mr. Rivera refused to step out of the illegally parked car and then fired his weapon through the passenger window, the authorities said.

His shot hit Officer Diller, 31, in the torso, just beneath his protective vest, the police said.

Officer Diller’s partner, Officer Veckash Khedna, returned fire, shooting Mr. Rivera in the back, according to the police and an internal Police Department report.

A second man, Lindy Jones, 41, was sitting in the driver’s seat, the police said, and was taken into custody after the shooting. He has not been arrested or charged.

Mr. Rivera had surgery at Jamaica Hospital and is expected to survive. He has not yet been arrested or charged in the killing because of his medical condition, according to a law enforcement official with knowledge of the case.