The drugs and the partying had gotten old. He called out for his dad to wait, but Arturo had already turned the knob. That evening Jim Moss had been positioned behind a Mustang in a neighbors driveway. David was ready to accept that he shot Shaun Diamond. DAVID SANTILLAN, agent; Registry Page The public defender had a plan and he wasnt going down without a fight. A stand out in the series of officers was Jim Moss, the SWAT paramedic who treated Shaun Diamond immediately after he was shot. He reminded his client that all hope was not lost. . **** IMPORTANT**** Check out the totally redesigned app!! If it did there might not be a trial. David Martinezs cousins and uncles were forced to wait in the stark court hallway as their loved ones fate hung in the balance. The lawyer appeared to be a Godsend. 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. Sandra emerged from her room and pulled David Jr. back to her bed. The club's name of the "Mongols" was inspired by Genghis Khan's Mongol Empire. Sullivan tried to reason with his client: he still had a strong self defense case even if Martinez shot an officer. Hands restrained in cold metal cuffs, he fought the overwhelming panic bred by helplessness in the face of crisis. The coroners report showed that Diamond was shot in the back of the neck. They threatened to stab David should he open his mouth. She added that she didnt understand what David was talking about in relation to Ciccone. 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. The mother chapter had a total of 15 members. The air buzzed with the hushed tones of dozens of different conversations each regarding a different case. He started to believe them because he desperately wanted it to be true. Shocked and confused he shouted Im sorry. 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. 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. This case was filed in Los Angeles County Superior Courts with Walla Nori A presiding. He begged officers to tell him if his father was okay. We use a combination of modeling, theory, and numerical simulations to study the dynamics and properties of flows involving a microstructure (such as particles . 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. While the Martinez family unraveled in the wake of the incident, the city of Pomona cried out for its fallen son. If Moss message had been heard, then the SWAT team may have waited for Arturo to open the door. Disappointed by the courts rulings, Sullivan remained resolute, diving head-first into developing his defense. ABC is reporting that the Feds are still going after their patch. The recordings also proved that David didnt brag about his actions to the other Mongols at Montebello or during the Perkins Operation. Outside, Shaun Diamond fell to the ground, blood spilling from his head onto the porch. 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. He had to focus on the gut-wrenching task at hand: his preliminary hearing. I shot to protect my family. Martinez endured the stand for two days and for two days his story stayed the same. Jack Garden was quick to point out that the SWAT team only used beanbag shot. 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. Lugo immediately took hold of the situation. Sullivan had nearly all the pieces of a winning case. The act did little to ease Sandras mind. 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. That kind of brutal damage was consistent with a shotgun slug. This man was ready to accept the truth; he took full responsibility for shooting Shaun Diamond. 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. Their evidence contained several details that fundamentally shaped his understanding of the case. I thought that was all over and done with. Prior to arriving at the house, Diamond and his fellow officers set up traffic cones representing the Martinez home and property lines in the SWAT office parking lot. There he reunited with prosecutor Jack Garden who was now joined by co-counsel Michael Blake a man who had the easy confidence and commanding stature of a politician. Noyla dodged the question Theres no way to tell, he said. Moss described the bloody trauma to Diamonds airway, his words seeped in loss as he made eye contact with every juror. 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 ". He feared they were angry because he was distancing himself from the club. Upon reaching the Martinez home, several officers rammed the padlocked gate that led to the backyard of the property while others announced their presence and approached the front porch. Tall and thin, with steely grey hair, Sullivan was a passionate, senior trial attorney with a reputation for winning difficult cases. The most notable of these undercover missions was Operation Black Rain, an ATF sting that resulted in the arrest of over 60 Mongols including then-Mongols president, Ruben Cavazos. First Name 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. On the final day of testimony, Sullivan walked into the courtroom bleary-eyed but beaming. Beanbag shot is considered less lethal ammunition its meant to incapacitate the target. Now, nearly four years later, the collective, which was once the most powerful biker organization on the West coast other than its archrivals, the Hells Angels, is returning to court next week to request a new trial in the wake of a recent allegation that their former president, David Santillan, was working with the government as a confidential informant, according to The New York Times. The brutal injury killed him a few hours later. He asked why they targeted his house. Their conversation was recorded by a hidden mic and a camera that was concealed in the janitors closet opposite the tank. Court Records. He is now reportedly planning a group bike ride known as a 'run' to announce his membership of the Mongols . Jaime Martinez casually responded, Yes, I pointed my weapon into the house. Garden quickly reoriented the question. In the video, Santillan mentioned that the lead agent in the RICO case, John Ciccone, had protected him over the years. 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. The California motorcycle group had claimed that its former president, David Santillan, was a government informant. But when he met with David, it was like he was meeting with a different man. He felt abandoned, waiting in Mens Central Jail as time ticked forward. 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. 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. . Sullivan reassured him. It is now scheduled to begin in January of 2021. I think it would be time to really clean house over there, anyone that lil Dave came in contact with on a regular basis would have to go? I thought you were the Mongols. When Esqueda cross-examined the witnesses he floundered. Except for David Martinez. 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. You shot to kill that day. Martinez stood firm. The Mongols Motorcycle Club was convicted in late 2018 of racketeering and conspiracy. This was a massive win for David Martinez, but Sullivan knew it meant something more. 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. All the evidence had been presented. I assume so. 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. Representatives from several local law enforcement departments also said they had no such records. 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. But as my Crime Story colleagues and I watched the case unspool, we realized that our binary paradigm was eroding. Now officers feared that the Mongols were poised to retaliate. The #1 Biker News Website Since 2011-Covering up to minute biker news including Outlaw Motorcycle Clubs & Biker News Worldwide. David Santillan, Assistant News Editor David is a senior at San Diego State where he is majoring in French. 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. Eventually, Martinez was moved back to the Mongols cellblock where he continued to reside in fear but could at least sleep in peace for a few hours at night. She didnt know when she would get to hold Alyssa or David Jr. again. Prior to the gunshot from inside the house, did you ever poke your gun into the house? It was a softball. They would judge David Martinez as a person. The ultimate implications for society are paramount here, he said. 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 . 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. He greeted members of the press by name and was followed by a swarm of clerks who carried his files. Arturo Martinez screamed and clutched his bleeding arm. Facebook gives people the power to share and makes the world more open and connected. His inquiries were effective, but they were undermined by constant objections leading, asked and answered, improper hypothetical, misstates the evidence. Because I needed evidence to show the military that they had someone having an affair with a married man.. At various points in each recording Martinez asserted that he didnt know it was the cops at his door and that he thought it was the Mongols. David Martinez fell to his knees and dropped the shotgun on the carpet. The medical examiner testified that during the autopsy he found several metal fragments in Diamonds brutalized airway suggesting that the injury came from a shotgun. After one year hes done and he cant protect me, so we have to have an exit strategy., Annie told ABC7 that her husband was spinning out of control and continued to cheat on her after the phone call. Mongol Anthony "Bronson" Barrera, 43, was stabbed to death and two Hells Angels - Jeramie Bell, 27, and Robert Tumelty, 50 - were shot to death. His Respect Few Fear None patch meant that he assaulted a rival gang member. Although Sullivan had legal clout, he wasnt one for excessive showmanship. Tensions sparked when Brady Sullivan presented Martinez with the evidence that he had shot Shaun Diamond. Martinez saw his father, Arturo, by the door. The original case attracted widespread attention because of the federal governments unusual attempt to force the Mongols to forfeit their rights to the clubs trademarked logo a drawing of a brawny Genghis Khan-like figure riding a chopper while brandishing a sword and thus relinquish a big source of the organizations mystique. 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. So if the inmate says something inculpatory then its inculpatory, but if he says something exculpatory then hes a liar?!. Several years after a jury deemed the Mongols a criminal organization, the club's attorneys have in recent months alleged that former Mongols president David Santillan was a government "rat . So she sent the recording along with a text message to two members of the Mongols, explaining that her husband has been working with the government. She explained, In other words, he is a rat.. The arguments that followed kicked off with a long procession of police in full uniform. Until then, his job was to use his rifle to cover the window protecting the team from potential threats inside the home. 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. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. But in this story, there are two sides to a single door. Martinez got quiet. apply. One of those residences was the home of David Martinez. Well let you guys have your fun, but keep your people in check, so to speak, he testified in June. A supervisory special agent with the A.T.F. The Mongols are equally mystified. I think there might be informants. Noyola was pissed. During a Perkins operation, undercover agents infiltrate cells and/or holding tanks in order to elicit information from defendants. But there was one piece of the puzzle that Sullivan didnt have: a record of Davids mindset in the seconds before he pulled the trigger. With all this responsibility weighing on Sullivans shoulders, he arrived at counsels table for pre-trial motions. Hes retiring, hes retiring. Jack Garden called Sandra Roman to the stand. It seemed possible that his parents were right. Former Mongols President David Santillan continued to testify. Crime Story Media LLC. If they saw him as a cold-blooded gang member, then chances of a favorable outcome were slim. The gun that merited his clients claim of self-defense. He promised he'd put his infidelities behind him, get sober and be a better father. He wore classic suits, well fitted and meticulously pressed. Upon each stop they gained a new inmate, an undercover agent wearing a body wire. The SWAT team invaded the home in full force rifles raised. (Photo by Bill Alkofer, Contributing . 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. Outside of the door, on the evening of October 28, 2014, forty-five-year-old Pomona Police Officer Shaun Diamond was called to take part in a SWAT operation. The rocker and back patch meant Martinez was a full member. The Judge overseeing this case is WALLA, NORI. After the courts TV screen faded to black, Sullivan asked Noyola if Martinez looked like a man who was lying in the video. If he couldnt show them Davids mindset before the incident, he would settle for showing them the aftermath. After the weeks, months and years in jail he was desperate to be free to take care of his family. Garden reiterated the narrative that Martinez was a gang member who saw the officers and took his shot with malice in his heart.