Ultimately the men arrived at an impasse. Awoken by the deafening discord, ten-year-old David Jr. ran out of his bedroom in his pajamas. If Martinez didnt hear the police announce and he didnt see them before firing the gun, then he was innocent of murder. Usually this wasnt a problem, but it was for Martinez, who claimed he was no longer associated with the Mongols. David was ready to accept that he shot Shaun Diamond. But then the seas changed as Darrin Kozlowski approached the stand. He was the assigned first man. After Sergeant Aguiar and Officer Diamond breached the metal security door with the ripram, he was supposed to be the first officer to enter the household. Before moving to Annie's current city of Temple City, CA, Annie lived in San Gabriel CA and Arcadia CA. Pacing before the jury, Sullivan explained that the evening of October 28, 2014 was a perfect storm in which a series of unexpected circumstances came together and resulted in tragedy. 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. This was not the score they were looking for. Davids parents stood firm in their belief that their son never shot Shaun Diamond. First Name 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. Finally, a partial verdict was reached: the jury found David Martinez not guilty of first-degree murder. Thats why he thought it was the Mongols at his door at 3am on October 28, 2014. Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF. The evidence and the full force of the state were mounted against him and his lawyer was suspiciously absent, difficult to contact, and abrupt in his correspondence. He told the undercover officers that he assumed it was the Mongols when he heard the banging. Why wasnt there an officer stationed in the backyard? This was a potential capital punishment case. He believed in his case and his client but the question remained how could he convince a jury to not convict a man who shot a cop? The Martinez family was also present, seated in the left side of the gallery. In a split second a shot rang out. She added that David's mistress had been harassing her. 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. Perkins Operations are controversial because they can be performed without reading the defendant their Miranda Rights so long as the defendant hasnt been arraigned. He reminded his client that all hope was not lost. How loud was the sound of the ripram hitting the gate? He greeted members of the press by name and was followed by a swarm of clerks who carried his files. The imposing man was persistent and thorough in his interrogation. Mongol's international President Dave "Lil Dave" Santillan said his club did not come to New Jersey to stir up trouble. David 'Lil Dave' Santillan, president of the International Mongols Motorcycle Club. SANTA ANA, Calif. After federal prosecutors won a landmark racketeering conviction against the Mongols motorcycle club, in an attempt to put an end to the outlaw groups long record of murder, attempted murder and drug dealing, the Mongols countered with an unusual claim: Their leader, they said, had been secretly helping the government in its efforts to bring down the organization. Well let you guys have your fun, but keep your people in check, so to speak, he testified in June. Since those early days, the Mongols have grown in number. Martinez didnt mean to shoot anyone. In order to prevent gang wars, the inmates were sometimes placed with members of their own gang. Judge Rejects Claim That Mongols Biker Club Leader Was a Rat, https://www.nytimes.com/2022/10/07/us/mongols-informant.html. The judicial horizon ever retreating, always miles ahead. It's a big weight off our shoulders." A federal judge in Santa Ana ruled Thursday the government cannot seize the logos of the Mongol . apply. Still, Sullivan knew that in order to convince the jurors he had to give them something as close to that fictional record as possible. Then he saw the barrel of a gun. But Sullivan asserted that amidst that storm his client had acted in self defense: he shot to protect his family. But he still had a pulse albeit a weak one. The logo also called a patch is emblazoned on the vests, T-shirts and motorcycles of hundreds of members. On the final day of testimony, Sullivan walked into the courtroom bleary-eyed but beaming. Three were adamant of his guilt while nine clung to the belief that he was innocent. Martinez had been assigned to a block that housed several other members of the Mongols. Case Details Case Number GD042186 Track Case Changes Filing Date January 24, 2008 Last Refreshed It is the First Amendment issues associated with the case that are most important, Judge Carter said on Thursday, and whether the government has the right to seize control of a trademarked emblem as a way of eliminating a groups ability to operate and recruit. They now have chapters in nineteen states, stretching as far east as New York. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. The arguments that followed kicked off with a long procession of police in full uniform. The ruling won't keep . Then Sullivan focused on what Moss saw during the operation. Now, on the force for 16 years, fellow officers described Diamond as cuddly as a porcupine but compassionate toward the community he served. San Gabriel was outside of the Pomona Police jurisdiction, but it was common for the squad to assist neighboring cities when larger operations required more manpower. Welcome to the Saintillan Research Group! At 3 am, Martinez finished his reports. Blake took his aim. David told me that they had been meeting every day at Starbucks before trial until Judge Carter told them not to because a juror saw them together, Mr. Stubbs testified in August. Continuances and motions pushed the trial further into the distance. Corporal Richard Aguiar and Officer Diamond breached the outer metal security door of the home with a push-pull device called a ripram. Diamond turned to discard the device as someone inside the home opened the inner, wooden door. Charlaine Olmedo excused the jury to admonish Sullivan for his tone. A jury ordered the forfeiture, but Judge Carter reversed the order, concluding that it infringed on the groups constitutional rights. All three elements of evidence would be critical during trial as they included exculpatory statements from David Martinez. On the day of the hearing, Esqueda took charge in the courtroom with practiced bravado. And he pulled his trigger. Martinez parents, Guadelupe and Arturo, were called to testify in addition to the medical examiner and Shaun Diamonds partner, Richard Aguiar who was part of the SWAT team operation. Noyla nodded. Representatives from several local law enforcement departments also said they had no such records. That line of questioning was immediately buried in objections from the prosecution. In the video, Santillan mentioned that the lead agent in the RICO case, John Ciccone, had protected him over the years. 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. On the third stop, Noyola himself entered the operation, determined to extract the information that the less experienced officers had failed to obtain. Other names that David uses includes Davis R Santillan, David R Santillan and David Santillian. Morale was high. There was a clear conclusion that Jack Garden intended for the jury to draw Diamond died a horrible, painful death. Disappointed by the courts rulings, Sullivan remained resolute, diving head-first into developing his defense. A supervisory special agent with the A.T.F. The gun that merited his clients claim of self-defense. Sullivan forged ahead in his defense of David Martinez. The California motorcycle group had claimed that its former president, David Santillan, was a government informant. In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). He yelled through the air vent to his friend, Raul, that he didnt know it was the cops at his door. 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. Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF. The path to the location was marked by flags at half mast, barely fluttering in the lukewarm autumn air. 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. agent, but they failed to persuade a judge to grant a new trial on the racketeering and conspiracy convictions against the club. Sullivan had now identified the gun that was pointed at the door. How could David shoot a man in the back when he was standing in front of him? Deputy DA Jack Garden painted a straightforward picture Martinez was a gang member who saw the officers and took his shot. 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. Just my thought as I have no horse in this race, 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. 02:34 LIL Dave is all over the main stream, 04:10 Why did lil dave not want ciccone on the stand, 06:45 Our invitation for Ciccone to come on the show, 15:14 Mongol Lawyer thinks LIL DAVE WAS COMPROMISED AFRAID AND TURNED ON HIS CLUB. agent. He's accused of being a confidential informant and working with the government during the Mongols' trial after his wife,. The judge read the official charges brought against him: capital murder with the special circumstance of murder of a police offier engaged in his duties. Guadelupe told her son she was certain Shaun Diamond was killed by friendly fire, maybe an over-eager SWAT officer standing behind him. We all know there are two sides to every story. Cavazos subsequently plead guilty to charges of racketeering and was sentenced to 14 years in prison. Sullivan let the words hang in the air. Sullivan was glad to be back on the case but he was apprehensive about Martinez, given their abrasive parting. The jury deliberated for five days. Sandra didnt want to testify but because she and David didnt have a marriage license, their relationship was only considered a common law marriage. Armed with exculpatory information he found in the Perkins and Montebello tapes, he believed Martinez had a strong case. 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. Emmy Winning TV news writer currently @latimes VP for @NAHJSDTJ formerly @10News @thedailyaztec @sdsu '19 Martinez wouldnt budge on his version of the story and Sullivan wouldnt change his strategy. How many times did you announce yourself? She later recanted the assertion. Maybe thats why the Martinez family overlooked Edward Esquedas spotty legal history. The tapes were garbled and filled with overlapping discussions that would have to be meticulously picked apart. I assumed it was going to be her, so we videotaped, Annie told the station. A dozen officers in grey suits sat by Shaun Diamonds daughter, Margo. Martinez would be his last big case, the culmination of his years as defense counsel. Santillan had called his wife in June 2021to beg for forgiveness. The public defender had a plan and he wasnt going down without a fight. He ran to the living room and saw his dad open the door. Noyola responded, curt and dry, Its to provide law enforcement with inculpatory or exculpatory evidence. Sullivan then proceeded to read a series of statements that David Martinez made during the operation. Unsure if the jury would ever hear the recordings Sullivan knew the strength of the defense would rely on a single witness: his client, David Martinez. Arturo Martinez grabbed his arm and screamed, they shot me! Below the judges bench, bun-headed clerks typed furiously on their computers and in the gallery attorneys communed with anxious family members who wiped tears away with their shirtsleeves. It was in the context of these parallel federal and local investigations that seven search warrants were served to suspected gang members residences on October 28, 2014 as part of a multi-agency operation to crack down on illicit club activities. Mongol Anthony "Bronson" Barrera, 43, was stabbed to death and two Hells Angels - Jeramie Bell, 27, and Robert Tumelty, 50 - were shot to death. Black Dragon's Sunday Night Round Table discusses Insane Throttle's live interview with former Mongol's MC Nation's International President Lil' Dave. He wore classic suits, well fitted and meticulously pressed. be admitted. Esqueda told the family that the whole situation was a police cover-up and he was certain that they would win in court. She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. Free and open company data on California (US) company MONGOLS NATION MOTORCYCLE CLUB LLC (company number 201211710181), 216 SOUTH CITRUS ST STE 152 WEST COVINA CA 91791. . He and his wife, Annie, were estranged after he had an affair. Detective Lugo attended the proceedings, paying his respects to the fallen officer. Medics swarmed the porch. He thought it was the Mongols. **** IMPORTANT**** Check out the totally redesigned app!! The ultimate implications for society are paramount here, he said. In order to defend their area and protect the club's reputation, the Mongols are known to perpetrate violent acts such as assault, intimidation, and murder on a regular basis. 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. The gun that Martinez saw that made him fear for his life. 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