New York Daily News

November 4, 2004

Guilty of slay try in cop shooting

BY NANCIE L. KATZ
DAILY NEWS STAFF WRITER

An ex-con who shot a Brooklyn plainclothes cop who was wearing a bulletproof vest was convicted of attempted murder yesterday.

Cops cheered the verdict against Martin Diggs, 31, who could face 47 years to life in prison for the May 22, 2003, shooting.

Police Officer Peter Garrido and his 77th Precinct partner, Officer Daniel Perez, had confronted Diggs along a leafy Prospect Heights block near Carlton Ave. and Dean St. after a resident told police Diggs was following him.

Diggs dropped one of his two guns, and as Garrido bent over to get it, Diggs opened fire, hitting him in the vest and ankle.

Garrido fired back with Diggs' dropped weapon, hitting him several times. Diggs has a rap sheet dating back to 1988, including arrests for armed robbery and drug offenses.

"Police officers put their lives on the line every day to protect the citizens of New York, and it is gratifying when the favor is returned in a jury verdict like this," said Patrick Lynch, president of the Patrolmen's Benevolent Association. "We hope to see justice served when Mr. Diggs' sentence is handed down in a few weeks."

Garrido could not be reached for comment. Perez suffered a broken hand.

At the time, Police Commissioner Raymond Kelly credited the Kevlar bulletproof