She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. The coroners report showed that Diamond was shot in the back of the neck. He greeted members of the press by name and was followed by a swarm of clerks who carried his files. It had all happened in seven seconds. Sandra emerged from her room and pulled David Jr. back to her bed. Jaime Martinez admitted to pointing his gun at the door. Sullivan called Noyola back to the stand and played the edited tapes. After the weeks, months and years in jail he was desperate to be free to take care of his family. But after a motorcycle accident kept Martinez from working for several months, financial strain brought the family back under the same roof. But he concluded that there was insufficient evidence to set aside the convictions, and that the club had made no showing that it was likely to prevail in any retrial. Sandra testified for hours regarding Martinezs involvement in the Mongols Motorcycle Club. Each Mr. Santillan, a Mongols member for nearly 25 years who was voted out of the membership in July, and the agent, John Ciccone, who retired in December after 32 years on the A.T.F., deny that Mr. Santillan was performing as an informant through the trial, although Mr. Ciccone's sworn declaration doesn't handle whether or not Mr. Santillan had acted as a confidential informant prior to now. He reminded his client that all hope was not lost. Guadelupe told her son she was certain Shaun Diamond was killed by friendly fire, maybe an over-eager SWAT officer standing behind him. Do inmates sometimes lie because they know theyre being recorded? he asked. As of this republication, David Martinez remains incarcerated, pending retrial. He is a transfer student from Palomar College, where he worked as an arts & culture writer for The Telescope, Palomar's on-campus newspaper. Then he saw the barrel of a gun. They threatened to stab David should he open his mouth. The Mongols are relying on an explosive video shared by Santillan's wife, Annie Santillan, who, during a stretch when she was angry with her husband over his infidelity, had her daughter record a conversation in which he appeared to refer to protection he had received from the ATF agent. A dozen officers in grey suits sat by Shaun Diamonds daughter, Margo. Beanbag shot is considered less lethal ammunition its meant to incapacitate the target. I assume so. Past the crisp leaves of autumn. April 20, 2021 - SAN DIEGO - Steven Edwards Moncrief, a Temecula resident and former president of the Riverside chapter of the Peckerwoods Motorcycle Club, was sentenced in federal court on . David Santillan, the longtime president of the Mongols until he was ousted by members last year, says he was among those who decided to bring the Mongols to Chicago. Follow. Before moving to Annie's current city of Temple City, CA, Annie lived in San Gabriel CA and Arcadia CA. 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. Jack Garden tossed Jaime Martinez a question. 1,120 following. Martinez didnt mind it made it easier to help his aging parents. Noyla nodded. The Judge overseeing this case is WALLA, NORI. Perkins Operations are controversial because they can be performed without reading the defendant their Miranda Rights so long as the defendant hasnt been arraigned. David Martinez watched the ambulance leave from the back of a cop car. He used gang slang, talked about tattoos and encouraged Martinez to talk about the Mongols. Drunk and despondent, David Santillan called his wife to beg for forgiveness. Their evidence contained several details that fundamentally shaped his understanding of the case. On the contrary, he expressed concern for the officer who was shot and remorse for the tragedy that had occured. This was a potential capital punishment case. 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. Outside, SWAT paramedic Jim Moss tended to Shaun Diamond. Legal message boards were filled with complaints from former clients about Esquedas disrespectful attitude and incompetence, but Martinez himself was too distracted to investigate his lawyers past. They pooled resources and hired private attorney Edward Esqueda. This allowed Sullivan to suggest that the cacophony of shouts and banging might have been unintelligible to the inhabitants of the house at 3:30 am. Inside the door on the evening of October 28, 2014, thirty-six-year-old termite inspector David Martinez was working on inspection reports in the study. Jaime Martinez casually responded, Yes, I pointed my weapon into the house. Garden quickly reoriented the question. Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF. Mongols National President David Santillan said, "We're happy. Tensions sparked when Brady Sullivan presented Martinez with the evidence that he had shot Shaun Diamond. I dont find theres sufficient cooperation to merit overturning the conviction, Judge Carter said in a ruling from the bench. He needed Martinez to state that he knew police were on his porch and that he shot his gun intending to kill. He pelted Martinez with questions poised to slip him up. According to the California State Bar public records, Esqueda faced private reproval in 2001 for failure to respond to client inquiries, failure to promptly release a client file, and failure to keep a client informed of significant developments. He explained: We wanted them to know we were there monitoring.. It had taken weeks for the prosecutors to paint David Martinez as a hardened gang member but now the portrait was vivid. Lugo immediately took hold of the situation. Usually this wasnt a problem, but it was for Martinez, who claimed he was no longer associated with the Mongols. If Moss message had been heard, then the SWAT team may have waited for Arturo to open the door. The court was packed with police officers who got there early to place reserved signs on the gallery benches for Diamonds family. Since those early days, the Mongols have grown in number. All three elements of evidence would be critical during trial as they included exculpatory statements from David Martinez. 2,525 posts. It was his bullet that stuck his fathers arm and blew through the officers neck. And repeatedly David stated that he hadnt realized it was the cops at his door. She added that Davids mistress had been harassing her. A former ATF agent denied during courtroom testimony Friday that a now-deposed leader of the notorious Mongols Motorcycle Club served as a secret source of information for the government during a lengthy legal battle over whether the outlaw . The rocker and back patch meant Martinez was a full member. There were cracks in their case and he would find them. Martinez had ample warning that the police were at his door. When Brady Sullivan and his second chair, Barbara Martin, arrived for opening statements, they were met with a sea of law enforcement in the gallery. He cant protect me, he told me, so we have to have an exit strategy, he told me, Mr. Santillan, who sounded drunk and sounded distraught, said to her. 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. The time changed him. I think there might be informants. Noyola was pissed. 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. 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 lawyer appeared to be a Godsend. The jury deliberated for five days. The president of the notorious Mongols motorcycle club promised he'd put his infidelities behind him, get sober. In late 2018, federal prosecutors secured a decadeslong goal of convicting the Mongolsa motorcycle club whose members had a long history of murder, assault, and other crimesof racketeering and conspiracy. His eyes flashing with something that looked like nerves. He wore classic suits, well fitted and meticulously pressed. Its the wooden front door of the Martinez residence in San Gabriel, California. Jack Garden delivered a strong soliloquy infused with the long history of the Mongols hostility towards law enforcement. The community of San Gabriel united behind the Martinez family. 13.6K followers. Garden nodded at Sandras explanation. Except for David Martinez. While Sullivan began assembling his case, Martinez communicated with his parents, Arturo and Guadelupe. 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. Martinez would be arraigned and assigned counsel in the next 24 hours, at which point they could no longer enact a Perkins operation. At least when the operations are done right. The arguments that followed kicked off with a long procession of police in full uniform. David Santillan, Assistant News Editor David is a senior at San Diego State where he is majoring in French. 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. Sullivan had now identified the gun that was pointed at the door. Incensed by Sullivans refusal to accept their narrative, David and the Martinez family turned their back on the public defender. 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. It would have been impossible from where he was standing. Sullivan reassured him. In the past, Sandra and Martinez resided in their own house with their children. Because I needed evidence to show the military that they had someone having an affair with a married man.. A jury ordered the forfeiture, but Judge Carter reversed the order, concluding that it infringed on the groups constitutional rights. No rifles were pointed at the doorway. But Sullivan knew that the jury would judge more than the seconds and the shot. As funeral proceedings carried on in Ontario, Sullivan was hard at work on Davids case, sorting through discovery sent from the DAs office. At the core of the case was a video of a conversation between Mr. Santillan and his wife that she had passed on to members of the biker club last year, accompanied by a text message in which she told them that her husband had been a confidential government informant. Of course Jaime never poked his gun into the house. But in this story, there are two sides to a single door. But Martinez didnt want a self defense case. Jack Garden called Sandra Roman to the stand. This was a massive win for David Martinez, but Sullivan knew it meant something more. Sullivan only needed to prove that the banging on the gate, the barking of dogs and the physical chaos of the scene made it impossible for Martinez to identify the cops. The defendant once shrouded in innocence now looked the part of a criminal drug user who might shoot a cop for bragging rights. 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