He would go out with them and he would smoke meth with them. The coroners report showed that Diamond was shot in the back of the neck. In the prosecutions opening Deputy District Attorney Michael Blake portrayed David as a violent gang member who saw his opportunity and took his shot. Sullivan followed Blakes blunt assessment with a more nuanced version of events. Now it was up to Sullivan to make a final plea to the jury that could save his client from life in prison. Businesses in downtown Pomona closed shop to pay respect to Shaun Diamond and blue ribbons were tied to every tree and lamppost in his honor. Is that right? Sandra hesitated, delicate in her response. I assume so. Our research into th e events leading to the raid on David Martinezs home offered us valuable context for what drove the prosecutions strategy in pursuing this case. Three years after the 2018 case, the Mongols lawyers came forward last year with claims that the groups former president, David Santillan, had been surreptitiously cooperating with a special agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives for years and had sabotaged the defense. At David Martinezs arraignment, he peered through the shining bars of the defendant holding dock and squinted at the occupants of the fluorescent-lit courtroom. Sullivan prompted Moss to admit that after the announcements started he saw a man inside the house walk towards the door. When he spoke with members of the Pomona Police Department, love and support radiated from their ranks, but underneath a righteous anger brewed: outrage aimed at the man who killed Shaun Diamond. Jack Garden was quick to point out that the SWAT team only used beanbag shot. They call themselves the Mongols Motorcycle Club - and they're one of the largest Motorcycle Clubs in the world. David Martinez watched the ambulance leave from the back of a cop car. He started to believe them because he desperately wanted it to be true. Sullivan forged ahead in his defense of David Martinez. Annie Yumiko Santillan Should you have any questions regarding Bail please contact me at +1 (626) 898-1447 or email at anniesantillan@yahoo.com. Best Match Powered by Whitepages Premium AGE -- David Olivar Santillan Union City, CA Aliases Davi Olivar View Full Report Addresses Ventura Way, Union City, CA The SWAT team invaded the home in full force rifles raised. During a Perkins operation, undercover agents infiltrate cells and/or holding tanks in order to elicit information from defendants. Upon arriving at the jail Noyola worked on Martinez in the holding cell. Not point . Blake took his aim. At least when the operations are done right. On Thursday, after hearing testimony from more than a dozen witnesses, including from Mr. Santillan himself, over the past several months, Judge David O. Carter of the Federal District Court in Santa Ana, Calif., found that there was no convincing evidence of such a claim and refused to set aside racketeering and conspiracy convictions as well as a penalty of $500,000. Martinez didnt mind it made it easier to help his aging parents. Michael Tyrone Delaney for The New York Times. ABC is reporting that the Feds are still going after their patch. Chaos erupted. Sullivan called Noyola back to the stand and played the edited tapes. Here the banging was even louder and the familys four dogs were barking. The current president of the Mongols Motorcycle Club is David Santillan, a man who claims that the organization has changed its code of conduct to exclude drug abusers and criminals. Lifting Martinezs motorcycle jacket from a cardboard evidence box, Kozlowski testified regarding every patch on the leather garment. Most importantly, Esqueda agreed with the family that David didnt shoot Shaun Diamond; the officers death was an accident caused by friendly fire. Esqueda attempted to pivot, asking the medical examiner if the metal fragments found during Diamonds autopsy could have come from a door breaching explosive.Subsequent witnesses refuted his theory, explaining that no explosives were used to open the door, only a ripram a manual push-pull device. Diamond was shot in the back of the base of his neck with a shotgun during the service of a search warrant. After reviewing the evidence Judge Olmedo ruled the tape of Martinez in the police car as inadmissible and refused to make a firm ruling on the admissibility of the Montebello or Perkins recordings. When the movements were drilled into their bones, the squad packed up and headed to their target location. Join Facebook to connect with Annie Yumiko Santillan and others you may know. Do inmates sometimes lie because they know theyre being recorded? he asked. Mongols National President David Santillan said, "We're happy. Later in the morning, Detective Lugo received a somber phone call: Officer Shaun Diamond was dead. I thought you were the Mongols. When Esqueda cross-examined the witnesses he floundered. On one side of the door, a police officer was killed. It was supposed to be a warning shot. While the Martinez family unraveled in the wake of the incident, the city of Pomona cried out for its fallen son. It was his bullet that stuck his fathers arm and blew through the officers neck. You can now listen to full episodes of the podcast right from the app. David Santillan was the president of the Mongols motorcycle club for nearly 13 years, until he was voted out of the club in July of 2021. Martinez saw his father, Arturo, by the door. Martinez didnt mean to shoot anyone. Cavazos subsequently plead guilty to charges of racketeering and was sentenced to 14 years in prison. Then in 2012, Esqueda was placed on probation by the State Bar and forced to pay a former client $7,500 after his efforts to negotiate a settlement were judged as insufficient and he failed to return unearned legal fees. Unbeknownst to him, she was recording the. The operation was considered high-risk due to the Mongols association with a wide range of criminal activities including the use of illegal firearms, meth trafficking, robbery, assault, and murder. The prosecution also pointed to the fact that the President of the Mongols Motorcycle Club and several other high ranking members put money on Martinezs books while he was in jail. With the help of an assistant he had managed to edit the hours of the Perkins audio tapes and the Montebello jail video tapes into small clips that the judge had found admissible in court. I think there might be informants. Noyola was pissed. By the time the Martinez family arrived there wasnt enough room for them to sit. The drugs and the partying had gotten old. Martinez lived in a two bedroom, Spanish style, stucco home with his parents, his sister, Brenda, who has Down syndrome, his wife, Sandra, and their two young children, Alyssa and David Jr. Anyone can read what you share. If prosecutors had decided to eschew the death penalty, that meant they had doubts. Garden clicked his pen with satisfaction as Noyola noted that Martinez mentioned being concerned about informants in the transit vehicle. David Martinezs cousins and uncles were forced to wait in the stark court hallway as their loved ones fate hung in the balance. All rights reserved. Most of the members were military veterans and all loved to ride their Harley Davidson motorcycles. ATF officials view Santillan's public declarations about the club cleaning house as hollow words; they continue to treat the Mongols as a serious threat. He wore classic suits, well fitted and meticulously pressed. Jaime Martinez admitted to pointing his gun at the door. Still, Sullivan knew that in order to convince the jurors he had to give them something as close to that fictional record as possible. The logo also called a patch is emblazoned on the vests, T-shirts and motorcycles of hundreds of members. Martinez wouldnt budge on his version of the story and Sullivan wouldnt change his strategy. This was not an act. Judge Charlaine Olmedo sustained the objection, but she told Sullivan that he could play the video and audio tapes if they were edited down to exclusively include the parts in which Martinez was speaking.This task would be difficult for anyone. In contrast, the Deputy DA ultimately assigned to the case was the attorney equivalent of a high school starting quarterback. He begged officers to tell him if his father was okay. But he knew something that gave him hope during the time Esqueda served as Martinezs attorney, the DAs office had decided not to pursue the death penalty. It was his friend, Raul, another alleged member of the Mongols, who had also been the subject of a search warrant that night and was currently being held in a neighboring holding tank. The #1 Biker News Website Since 2011-Covering up to minute biker news including Outlaw Motorcycle Clubs & Biker News Worldwide. On the third stop, Noyola himself entered the operation, determined to extract the information that the less experienced officers had failed to obtain. Crime Story Weekly Newsletter Sign-up
Last Name, The Trials of Harvey Weinstein and Danny Masterson. In the past, Sandra and Martinez resided in their own house with their children. May 10, 2010 We Offer Fast, Professional, discreet Bail Bond Services A stand out in the series of officers was Jim Moss, the SWAT paramedic who treated Shaun Diamond immediately after he was shot. A jury ordered the forfeiture, but Judge Carter reversed the order, concluding that it infringed on the groups constitutional rights. Case Details Case Number GD042186 Track Case Changes Filing Date January 24, 2008 Last Refreshed Martinez told the jury that after the dust settled, he was confused because his parents were so adamant that the officers shot their own man. He wanted to be a father to his two young children and a supportive husband for Sandra so he let his motorcycle registration expire and he stopped attending Mongol events. The court was packed with police officers who got there early to place reserved signs on the gallery benches for Diamonds family. He greeted members of the press by name and was followed by a swarm of clerks who carried his files. Governor Jerry Brown and Attorney General Kamala Harris sat near the family at the front of the expansive crowd offering their profound condolences and gratitude for Diamonds service. The case was one of the first that Crime Story covered and at the outset it appeared simple: a coldblooded gang member had killed a cop. Sandra was cornered. Moss described the bloody trauma to Diamonds airway, his words seeped in loss as he made eye contact with every juror. Usually this wasnt a problem, but it was for Martinez, who claimed he was no longer associated with the Mongols. Unbeknownst to him, she was recording the. I dont find theres sufficient cooperation to merit overturning the conviction, Judge Carter said in a ruling from the bench. Jaime Martinez casually responded, Yes, I pointed my weapon into the house. Garden quickly reoriented the question. The gun that merited his clients claim of self-defense. As a subscriber, you have 10 gift articles to give each month. They called themselves outlaws and one-percenters referring to a comment by the American Motorcyclist Association that 99% of motorcyclists were law abiding citizens, implying that one percent were not. The shocking accusation arrives after a secretly recorded video of Santillan talking to his wife about a special agent from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. But first he would have to convince the judge to admit the recordings in court a ruling she had waffled on during pretrial motions. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. Later, he gave his kidney to save his son, Kellys life when he was in need of a transplant. Insane Throttle Support Club Become a memberNow, Insane Throttle/Motorcycle Madhouse Radio YouTube and AudioDisclaimer, Meet the Insane Throttle Contributing Columnist James Hollywood Macecari, Motorcycle Clubs Riding Clubs and Associations Near Me Index &Listings, Our Policies here at Insane Throttle Publications. That line of questioning was immediately buried in objections from the prosecution. Awoken by the deafening discord, ten-year-old David Jr. ran out of his bedroom in his pajamas. It would have been impossible from where he was standing. The living arrangement hadnt always been this cramped. Past the crisp leaves of autumn. She added that she didnt understand what David was talking about in relation to Ciccone. His inquiries were effective, but they were undermined by constant objections leading, asked and answered, improper hypothetical, misstates the evidence. Mongol Nation president David "Lil' Dave" Santillan, right, greets Goldie DeWitt, president of 1Down Motorcycle Club at a rally on March 24, 2019. Immediately Jack Garden objected to the use of the tapes, due to the fact that they contained hearsay from other inmates in Martinez holding tank and transit vehicle. In other words, Ms. Santillan wrote in the text, he is a rat. In the video, played several times during the hearings, Ms. Santillan is talking to her husband on speakerphone when he informs her that Mr. Ciccone will be retiring. If the mission to elicit a confession was going to work, it had to be done quickly. And this one would be.
**** IMPORTANT**** Check out the totally redesigned app!! The California motorcycle group had claimed that its former president, David Santillan, was a government informant.
Sandra testified for hours regarding Martinezs involvement in the Mongols Motorcycle Club. Second, police found a shotgun slug casing inside the Martinez living room, meaning that the shot that killed Shaun Diamond was fired from inside the house. David had testified that he hadnt seen or heard the police and that he feared for his life. The explosive allegations come after a secretly recorded video surfaced of Santillan talking to his wife about the lead ATF agent on the case John Ciccone. Now the court would balance the scales. Despite the defenses victory, David Martinez remains in jail. Prosecutors refiled the charges of second-degree murder and all lesser offenses. Martinez got quiet. You shot to kill that day. Martinez stood firm. Desperate for more incriminating statements, Lugo interrogated David Martinez, but his story didnt change. "Lots of brothers have tattoos of the marks on their necks and heads and everywhere," David Santillan, the national president of the club, said. He was broken and in shock without an ounce of bravado. Although the police told David that he shot officer Diamond, David was starting to have his doubts. Lil Dave, the president of the Mongols motorcycle club, was caught cheating on his wife so she decided to revenge his ass by putting this video on Youtube which shows him supposedly admitting. After Judge Carters ruling, he declared vindication in what he said was a contrived internal political witch hunt to smear my name and to get me dethroned.. Santillan had called his wife in June 2021to beg for forgiveness. Moss tried to alert the other officers that someone was coming but his voice was drowned out by the banging and the shouting and barking of Martinezs dogs. He reminded his client that all hope was not lost. Now the members in his bloc were restless, concerned that he was going to rat out mother the name for the Montebello chapter of the club that included the Mongols president, secretary, treasurer and the sergeant at arms. He challenged Richard Aguiar about his training, insinuating that Diamonds death was the result of friendly fire. Morale was high. Nor do I believe that there would be, quite frankly, an acquittal in a second trial., Mr. Santillan, who led the Mongols for nearly 13 years until he was voted out of the club in July of last year, vehemently denied that he had ever betrayed the group. But in this story, there are two sides to a single door. He wanted to be absolved of Shaun Diamonds death entirely. He told the undercover officers that he assumed it was the Mongols when he heard the banging. Its the wooden front door of the Martinez residence in San Gabriel, California. Judge Rejects Claim That Mongols Biker Club Leader Was a Rat, https://www.nytimes.com/2022/10/07/us/mongols-informant.html. Despite the set-backs, Esqueda fumbled onward. Their evidence contained several details that fundamentally shaped his understanding of the case. Catalog; For You; Inland Valley Daily Bulletin. The Mongols Motorcycle Club was founded in 1969 in Montebello, CA by a brotherhood of Latinx men who had been excluded from the Hells Angels. Theres a new twist in a federal case already marked by murder and mayhem. The Judge overseeing this case is WALLA, NORI. Armed with exculpatory information he found in the Perkins and Montebello tapes, he believed Martinez had a strong case. This was a potential capital punishment case. He is a transfer student from Palomar College, where he worked as an arts & culture writer for The Telescope, Palomar's on-campus newspaper. A mother of a homicide victim whose case was worked by Lugo once said, God sent Ray because he never quits. That relentless pursuit of justice was why Lugo had been assigned to this case, one that was now the top priority of LAPD because it involved the shooting of an officer. Sullivan had nearly all the pieces of a winning case. He is now reportedly planning a group bike ride known as a 'run' to announce his membership of the Mongols . From his vantage point he could see into the house through the living room window. He's accused of being a confidential informant and working with the government during the Mongols' trial after his wife,. The act did little to ease Sandras mind. After his arraignment, the court referred Martinez to the public defenders office which appointed Brady Sullivan as his counsel. Before the door closed, David Jr. caught a glimpse of his father as he was dragged outside by SWAT officers into the dark night, illuminated by the flash of red and blue lights. But his torture was not simply mental: Martinez was also physically assaulted and threatened. They hung on second-degree murder and were unable to break their deadlock to discuss charges of voluntary manslaughter and assault on a police officer. David 'Lil Dave' Santillan, president of the International Mongols Motorcycle Club. Early in the morning David was taken to the Montebello police station where he was placed in a stark holding tank with several other Mongols. But Martinez didnt want a self defense case. But as my Crime Story colleagues and I watched the case unspool, we realized that our binary paradigm was eroding. Facebook gives people the power to share and makes the world more open and connected. Ethan Tate, Meghann M. Cuniff and Lauren Herstik contributed reporting. Mr. Ciccone, who retired last year, testified that Mr. Santillan never served as an informant for the agency, nor did he pass on any defense information during the trial. apply. The stakes of the operation had now dramatically increased. Three years passed and it seemed everything was the same. Santillan had called his wife in June 2021to beg for forgiveness. Sullivan begged the jury to put themselves in Davids shoes, to imagine what they would do if they thought someone was forcing their way into their home in the middle of the night. Tall and thin, with steely grey hair, Sullivan was a passionate, senior trial attorney with a reputation for winning difficult cases. Jack Garden tossed Jaime Martinez a question. It was the summer of 2019, and David Martinez was on trial for the murder of Pomona Police Officer Sean Diamond. "It's about honor, respect and pride," David Santillan said. His legal binders were plain but fastidiously organized and when it came to the media he eschewed the spotlight preferring to focus on his cases. In the wake of the emotional testimony, Sullivan cross-examined Moss with dogged persistence, causing him to concede that the police announcements were made by multiple voices that sometimes overlapped. The ultimate implications for society are paramount here, he said. The extent of the trauma was indescribable, even for Moss, who had been a rescue paramedic for 14 years. Communications with Mr. Santillan, Mr. Ciccone said, were limited to such matters as ensuring public safety at Mongols events. Martinez was exhausted, and distraught but he was clear headed enough to know one thing. But Sullivan knew that the jury would judge more than the seconds and the shot. Court Records. Statements like I didnt know it was the police, and they had no reason to come to my house, and I was just protecting my family bro, like anyone else would. The fragments of dialogue underscored Sullivans assertion that Martinez didnt know law enforcement was at his door the sentences pointed to his innocence. Their friction fueled emotional outbursts, raised voices and impassioned arguments. His eyes flashing with something that looked like nerves. David Santillan currently lives in Temple City, CA; in the past David has also lived in Arcadia CA and South Pasadena CA. But experts like Leo Noyola stand by the procedures, claiming they are highly effective. They held hands and whispered prayers under their breath. In the fall of 2017 David Martinez fired Edward Esqueda a man he would later call a liar who doesnt deserve to be called an attorney and the court reappointed Brady Sullivan as counsel. Santillan's wife, Annie Santillan, told ABC7 that she recorded their conversation because the couple had become estranged due to his infidelity. Sullivans past frustration with Martinez dissipated. A supervisory special agent with the A.T.F. Sullivan reassured him. As it stands, The Suit, Doc and Little Rubes have been permanently 86'd from the Mongols by president David "Lil Dave" Santillan, who says they are " out bad ". Deputy DA Jack Garden painted a straightforward picture Martinez was a gang member who saw the officers and took his shot. When it came time for Martinez to address the court, he stood before the judge in his jail-issued orange scrubs. Maybe he wasnt responsible for a mans death at all. How loud was the sound of the ripram hitting the gate? They pooled resources and hired private attorney Edward Esqueda. The jury couldnt help glancing in their direction. They threatened to stab David should he open his mouth. In 2011 he was suspended by the State Bar for 90 days after misusing a client trust account for over $85,000 in personal and business expenses. First, all SWAT members serving the search warrant the evening of the incident were carrying rifles loaded with beanbag shot. She added that Davids mistress had been harassing her. Contact & Personal Details. Although Sullivan had legal clout, he wasnt one for excessive showmanship. And Richard Aguiar testified that upon entering the Martinez household he heard David yell Im sorry. First he would have to convince the judge in his defense of David Martinez watched the case he feared his. 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