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If prosecutors had decided to eschew the death penalty, that meant they had doubts. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. If they saw him as a cold-blooded gang member, then chances of a favorable outcome were slim. The Mongols are a recent arrival in El Paso and one of three major biker gangs in the city, a police gang investigator testified earlier this year in the trial of a member of the Kinfolk MC. 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. The look in the mans eyes, the way his limbs hung, the pitch of his voice. (Photo by Bill Alkofer, Contributing . Jaime Martinez was part of the SWAT team on the porch the night of the shooting. Garden nodded at Sandras explanation. Arturo Martinez screamed and clutched his bleeding arm. Corrections officers heard rumors that gang members intended to kill Martinez and he was moved from his block for his safety. As funeral proceedings carried on in Ontario, Sullivan was hard at work on Davids case, sorting through discovery sent from the DAs office. For three weeks, officers took the stand. As the Mongols continued to talk, Martinez overheard a familiar voice echoing through the air vent. To them, this whole trial was founded on a fabrication by the police. Diamonds airway had no recognizable anatomy, only bloodied carnage. Sullivan had nearly all the pieces of a winning case. He started to believe them because he desperately wanted it to be true. The Mongols claimed that Mr. Santillan had an inappropriate working relationship with an A.T.F. 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. With no explicit confession from Martinez, Lugo called Officer Leo Noyola, the leading expert in Perkins operations. Sullivans cross examination of Moss was a victory, but Sullivan wasnt slowing down. But it all felt inconsequential compared to the content on the tapes. Join Facebook to connect with Annie Yumiko Santillan and others you may know. Diamond was known as a devoted officer and a family man. The SWAT team invaded the home in full force rifles raised. Mongol Nation president David "Lil' Dave" Santillan, right, greets Goldie DeWitt, president of 1Down Motorcycle Club at a rally on March 24, 2019. Sullivan was glad to be back on the case but he was apprehensive about Martinez, given their abrasive parting. There was a clear conclusion that Jack Garden intended for the jury to draw Diamond died a horrible, painful death. Annie Yumiko Santillan Should you have any questions regarding Bail please contact me at +1 (626) 898-1447 or email at anniesantillan@yahoo.com. Im sorry. 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. Ever since David Santillan became the club president, in 2015, things have taken a better turn and it is said that now their unlawful activities have stopped. Deputy DA Jack Garden painted a straightforward picture Martinez was a gang member who saw the officers and took his shot. During the call, David, who was drunk and despondent at the time, begged for her forgiveness and said that he planned to get treatment for his drug and alcohol addictions. No rifles were pointed at the doorway. On cross-examination Jack Garden sauntered around the lectern. She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. But first he would have to convince the judge to admit the recordings in court a ruling she had waffled on during pretrial motions. As Lugo and Noyola plotted their next move, Martinez was having a brief conversation with a lawyer a friend of one of Martinezs sisters who stopped by after hearing the family was in trouble. And he pulled his trigger. I think there might be informants. Noyola was pissed. She later recanted the assertion. The Mongols are relying on an explosive video shared by Mr. 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 A.T.F. 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. Hands restrained in cold metal cuffs, he fought the overwhelming panic bred by helplessness in the face of crisis. He thought it was the Mongols. Martinez didnt mean to shoot anyone. Then Sullivan focused on what Moss saw during the operation. 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. Jack Garden delivered a strong soliloquy infused with the long history of the Mongols hostility towards law enforcement. 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 door opened to reveal the barrel of a gun pointed inside the home. Closing arguments began the following day. He begged officers to tell him if his father was okay. Martinez aimed his shotgun. At a young age, Diamond passed up opportunities to go to college to become an officer and provide for his daughter, Margo. 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. Black Dragon's Sunday Night Round Table discusses Insane Throttle's live interview with former Mongol's MC Nation's International President Lil' Dave. It was supposed to be a warning shot. I assume so. Sullivan called other witnesses, including neighbors who didnt hear the police announce and friends of David Martinez who attested to his character. From his vantage point he could see into the house through the living room window. Supporters and relatives gathered for BBQs in the park and Martinez niece, Pricilla, took to social media to expose what she considered to be the LAPDs self-serving lies. He acknowledged that he was a member of the Mongols, but he testified that at the time of the shooting he had been trying to move on with his life. A police informant (known as AV) also entered the holding cell dressed as an inmate and attempted to cajole David into bragging about shooting a cop. The gun that merited his clients claim of self-defense. The #1 Biker News Website Since 2011-Covering up to minute biker news including Outlaw Motorcycle Clubs & Biker News Worldwide. He climbed into bed with Sandra and was just about to fall asleep when he heard a banging noise that rattled the whole house. Martinez got quiet. The public defender had a plan and he wasnt going down without a fight. The court was packed with police officers who got there early to place reserved signs on the gallery benches for Diamonds family. Unfortunately, the change in environment provided no solace: Martinezs new block was filled with alleged rapists, pedophiles and child-murderers. Sullivans past frustration with Martinez dissipated. Their friction fueled emotional outbursts, raised voices and impassioned arguments. I thought you were the Mongols. When Esqueda cross-examined the witnesses he floundered. When it came time for Martinez to address the court, he stood before the judge in his jail-issued orange scrubs. They had a strong self-defense case. A supervisory special agent with the A.T.F. The Martinez family was also present, seated in the left side of the gallery. As a subscriber, you have 10 gift articles to give each month. The task, although not impossible, would be extremely difficult, even for a trial attorney with Sullivans decades of experience. 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. Crime Story Media LLC. 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. Communications with Mr. Santillan, Mr. Ciccone said, were limited to such matters as ensuring public safety at Mongols events. 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. He promised he'd put his infidelities behind him, get sober and be a better father. They had already visited the hospital where Martinez planned to. During all that time, the threat of the death penalty hung above Martinezs head keeping him up at night. David had testified that he hadnt seen or heard the police and that he feared for his life. On the day of the hearing, Esqueda took charge in the courtroom with practiced bravado. When the movements were drilled into their bones, the squad packed up and headed to their target location. Sullivan let the words hang in the air. Usually this wasnt a problem, but it was for Martinez, who claimed he was no longer associated with the Mongols. ABC is reporting that the Feds are still going after their patch. Theres a new twist in a federal case already marked by murder and mayhem. She added that she didnt understand what David was talking about in relation to Ciccone. 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. Michael Tyrone Delaney for The New York Times. 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. He called off the operation and Martinez was taken to his cell. They threatened to stab David should he open his mouth. Moss and his partner loaded Diamond into the ambulance and drove off towards Huntington Memorial Hospital, sirens blaring as they left the active crime scene behind them. Now officers feared that the Mongols were poised to retaliate. Blake took his aim. Well let you guys have your fun, but keep your people in check, so to speak, he testified in June. 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. New features, smoother menu and backgrounds- PLUS!! If the mission to elicit a confession was going to work, it had to be done quickly. Here the banging was even louder and the familys four dogs were barking. While the Martinez family unraveled in the wake of the incident, the city of Pomona cried out for its fallen son. Martinez didnt have much intel on the organization but the Mongols in his cell block suspected Martinez knew names and that was enough. 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. On the contrary, he expressed concern for the officer who was shot and remorse for the tragedy that had occured. Their conversation was recorded by a hidden mic and a camera that was concealed in the janitors closet opposite the tank. She informed him that his father was doing well after having surgery to repair the bullet wound on his arm. 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. David has been working at The Daily Aztec since 2017 and is the current Assistant News Editor. Mongols National President David Santillan said, "We're happy. In addition, law enforcement was busy attempting to curb the escalating violence between the Mongols, the Hells Angels and the sport bike club, G-Zer Tribe. His inquiries were effective, but they were undermined by constant objections leading, asked and answered, improper hypothetical, misstates the evidence. There were cracks in their case and he would find them. First Name He's accused of being a confidential informant and working with the government during the Mongols' trial after his wife,. Tall and thin, with steely grey hair, Sullivan was a passionate, senior trial attorney with a reputation for winning difficult cases. It was clear from the outset that the trial would not be amicable. 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. The jury watched a distraught Martinez in the holding tank crying out in concern for his family. 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. But it wasnt clear that he knew he was firing at an officer. One of the clubs defense lawyers during the original trial, Stephen Stubbs, testified that Mr. Santillan had told him during the trial that he was regularly meeting with Mr. Ciccone as the proceedings were going on, even as he was overseeing the clubs defense team. So if the inmate says something inculpatory then its inculpatory, but if he says something exculpatory then hes a liar?!. 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.. #mongolsforeverforevermongols #onassignment #biker #bikersofinstagram #portrait #mongols #mc 350w empiremarketingpro Love your post! Martinez had been assigned to a block that housed several other members of the Mongols. Ethan Tate, Meghann M. Cuniff and Lauren Herstik contributed reporting. The Mongols are equally mystified. I thought that was all over and done with. She added that Davids mistress had been harassing her. In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). And repeatedly David stated that he hadnt realized it was the cops at his door. Select the best result to find their address, phone number, relatives, and public records. Martinezs retrial faced further delays when the pandemic threw court schedules into disarray. 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. A dozen officers in grey suits sat by Shaun Diamonds daughter, Margo. 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. Five and a half years after his arrest, David Martinez continues to wait in jail. Continuances and motions pushed the trial further into the distance. 1,120 following. Mongols MC Chief Little Dave Santillan Was Not A Snitch 5 months ago Scott Burnstein You are unauthorized to view this page. David 'Lil Dave' Santillan, president of the International Mongols Motorcycle Club. 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 Martinez fell to his knees and dropped the shotgun on the carpet. 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. Is that right? Sandra hesitated, delicate in her response. It was even worse than living in fear of the Mongols. He ran to the living room and saw his dad open the door. Case Details Case Number GD042186 Track Case Changes Filing Date January 24, 2008 Last Refreshed Last Name, The Trials of Harvey Weinstein and Danny Masterson. They pooled resources and hired private attorney Edward Esqueda. This case was filed in Los Angeles County Superior Courts with Walla Nori A presiding. The clock was ticking. Detective Lugo attended the proceedings, paying his respects to the fallen officer. After listening to Martinezs conversations with the Mongols, Detective Lugo was certain that Martinez shot the gun. This was a potential capital punishment case. He explained: We wanted them to know we were there monitoring.. 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. Most importantly, Esqueda agreed with the family that David didnt shoot Shaun Diamond; the officers death was an accident caused by friendly fire. On the final day of testimony, Sullivan walked into the courtroom bleary-eyed but beaming. On todays podcast we present, in its entirety, Mongol, our exclusive new Crime Story series written and read by Molly Miller that tells the story of the tragic killing of a police officer and the complex search for truth and justice in the aftermath of his death. 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. 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. Three years passed and it seemed everything was the same. The judicial horizon ever retreating, always miles ahead. All rights reserved. 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. While Sullivan began assembling his case, Martinez communicated with his parents, Arturo and Guadelupe. He was just the scapegoat taking the blame for the police firing on their own. The agitated rhythm of Martinezs life in jail was punctuated by court dates. That said, other than dealing with illicit substances, the Mongols MC was also part of a motorcycle stealing gang, and pretty successful at what they did. Maybe he wasnt responsible for a mans death at all. After two hours Martinez turned to Noyola and said, Im not sayin nothin. Cavazos subsequently plead guilty to charges of racketeering and was sentenced to 14 years in prison. This tragedy fit the silent film that plays on the wall of the American subconscious. Santillan had called his wife in June 2021to beg for forgiveness. When Sandra stepped down, David gave her a small smile as he folded and unfolded scraps of paper on the counsels table. The DAs office only pursued the death penalty when the case was rock solid. He is a rat, Mr. Santillans wife, Annie, suggested in a text message that became a key piece of evidence in the case against the group, which was founded in Southern California in 1969 and whose members are mostly Hispanic. The ultimate implications for society are paramount here, he said. Although Sullivan had legal clout, he wasnt one for excessive showmanship. Under Jack Gardens guiding hand, their testimonies reinforced the narrative that the SWAT team followed procedure and announced their presence at the Martinez home. "He is a rat," Mr. Santillan's wife, Annie, suggested in a text message that became a key piece of evidence in the case against the group, which was founded in Southern California in 1969 and. Court Records. And it wasnt usual for him to be up at 3am. These registrations are something that need to be examined by the circuit, maybe the Supreme Court.. Fundraisers were held to contribute to legal expenses, which initially amounted to $60,000 and were constantly growing with Esquedas long hours. 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 told the court that she had checked an agency database containing information on confidential informants dating back to 2002, and that Mr. Santillan did not come up as one. Santillan's wife backed her husband during her testimony this week, saying she didn't know what he was talking about during the recorded phone call and denying he was a government informant.. And this one would be. The logo also called a patch is emblazoned on the vests, T-shirts and motorcycles of hundreds of members. They held hands and whispered prayers under their breath. On the stand, Mr. Santillan called the claims about his daily meetings with Mr. Ciccone an absolute lie. (He acknowledged encountering Mr. Ciccone by chance at a Starbucks near the courthouse once during the trial.). In the wake of the trial, Brady Sullivan has announced that he is postponing retirement in order to continue representing David Martinez in the trial ahead. Judge Rejects Claim That Mongols Biker Club Leader Was a Rat, https://www.nytimes.com/2022/10/07/us/mongols-informant.html. The tapes were garbled and filled with overlapping discussions that would have to be meticulously picked apart. He used gang slang, talked about tattoos and encouraged Martinez to talk about the Mongols. Sullivan called Noyola back to the stand and played the edited tapes. Santillan had called his wife in June 2021to beg for forgiveness. It would have been impossible from where he was standing. PressReader. 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. Martinez would be arraigned and assigned counsel in the next 24 hours, at which point they could no longer enact a Perkins operation. In court testimony and in an earlier interview, Ms. Santillan said she had shared the video and the text with the Mongols in an attempt to destroy her husband but had since regretted it; she said she was not being truthful when she claimed he had been an informant. In a split second a shot rang out. 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. The case status is Pending - Other Pending. Emmy Winning TV news writer currently @latimes VP for @NAHJSDTJ formerly @10News @thedailyaztec @sdsu '19 Sullivan tried to reason with his client: he still had a strong self defense case even if Martinez shot an officer. 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. 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. But when he met with David, it was like he was meeting with a different man. I shot to protect my family. Martinez endured the stand for two days and for two days his story stayed the same. 2,525 posts. On February 23, 2007, Hells Angels members James Hannigan and Rodney Cox were sentenced to two years in prison for their respective roles in the incident. The jury deliberated for five days. 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. She recalled that Martinez told her that he was struggling with meth addiction three weeks prior to the incident. David Santillan We found 71 records for David Santillan in CA, AZ and 18 other states. Armed with exculpatory information he found in the Perkins and Montebello tapes, he believed Martinez had a strong case. After the courts TV screen faded to black, Sullivan asked Noyola if Martinez looked like a man who was lying in the video. 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. Then he saw the barrel of a gun. Now, officials have charged four of the gang members, identified as 49-year-old William Nelper ("Flip"), 27-year-old William Boylston ("JC"), 43-year-old Jason Meyerholz ("Country"), and. If the chaos of the scene really was the perfect storm then Jim Moss testimony was evidence of the thunder and the lightning. The recordings also proved that David didnt brag about his actions to the other Mongols at Montebello or during the Perkins Operation. His 1% badge meant he considered himself an outlaw. By the time the Martinez family arrived there wasnt enough room for them to sit. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. He told the undercover officers that he assumed it was the Mongols when he heard the banging. 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. But Sullivan asserted that amidst that storm his client had acted in self defense: he shot to protect his family. This was a massive win for David Martinez, but Sullivan knew it meant something more. The living arrangement hadnt always been this cramped. 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. To minute Biker News Website Since 2011-Covering up to minute Biker News Worldwide a noise!, the city of Pomona cried out for its fallen son that housed other. Reporting that the Feds are still going after their patch cold metal cuffs he. 24 hours, at which point they could no longer enact a Perkins operation from his block for his.... 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