Investigators feared that the Mongols were forcibly recruiting members of newer motorcycle clubs and compelling them to pay dues. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. We use a combination of modeling, theory, and numerical simulations to study the dynamics and properties of flows involving a microstructure (such as particles . I assume so. 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. Martinez explained that the night of the incident was pure chaos. The interactions between client and attorney became increasingly contentious. That line of questioning was immediately buried in objections from the prosecution. Now officers feared that the Mongols were poised to retaliate. agent. David has been working at The Daily Aztec since 2017 and is the current Assistant News Editor. Sullivans cross examination of Moss was a victory, but Sullivan wasnt slowing down. The mother chapter had a total of 15 members. Chaos erupted. Martinez aimed his shotgun. Although Sullivan had legal clout, he wasnt one for excessive showmanship. Detective Lugo attended the proceedings, paying his respects to the fallen officer. Garden returned a smile and led Noyola down an alternate road insinuating that Martinez was putting on a show. Black Dragon's Sunday Night Round Table discusses Insane Throttle's live interview with former Mongol's MC Nation's International President Lil' Dave. Hes retiring, hes retiring. It was clear to Sullivan that only one person shot a gun that night: his client, 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. Jaime Martinez casually responded, Yes, I pointed my weapon into the house. Garden quickly reoriented the question. How could a jury believe the word of a Mongol over the testimony of officers? On 01/24/2008 ANNIE YUMIKO SANTILLAN filed a Family - Marriage Dissolution/Divorce lawsuit against DAVID SANTILLAN. Lifting Martinezs motorcycle jacket from a cardboard evidence box, Kozlowski testified regarding every patch on the leather garment. This is a reprise presentation of our original post on November 13 of last year. Since those early days, the Mongols have grown in number. 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. Most of the members were military veterans and all loved to ride their Harley Davidson motorcycles. 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 Mongols claimed that Mr. Santillan had an inappropriate working relationship with an A.T.F. Sullivan also needed to prove that Martinez had been trying to leave the Mongols, that he was a just guy who liked motorcycles who got in over his head. For three weeks, officers took the stand. Blustering with frustration he told the court Theres not one scintilla of evidence that David Martinez shot Shaun Diamond.. A retrial was scheduled to begin in February of 2020, but was continued until fall of 2020 in order to provide the defense with more time to interview potential witnesses. The SWAT team had been issued a knock warrant meaning that they had to clearly announce themselves before entering the premises. Disappointed by the courts rulings, Sullivan remained resolute, diving head-first into developing his defense. 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. In an extraordinary move, Toby Mitchell joined his former club's main rivals last month. Jack Garden delivered a strong soliloquy infused with the long history of the Mongols hostility towards law enforcement. Sullivan fumed at the counsels table, flipping through stacks of papers and wrinkling his usually pristine suit-jacket. After two hours Martinez turned to Noyola and said, Im not sayin nothin. In contrast, the Deputy DA ultimately assigned to the case was the attorney equivalent of a high school starting quarterback. Not point . be admitted. It was even worse than living in fear of the Mongols. He was just the scapegoat taking the blame for the police firing on their own. 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. Jack Garden was quick to point out that the SWAT team only used beanbag shot. "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. 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. 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.. The judge found sufficient cause to move forward with the trial. Martinez wouldnt budge on his version of the story and Sullivan wouldnt change his strategy. His eyes flashing with something that looked like nerves. She didnt like that the club made him pay dues and encouraged him to spend weekends partying away from his family. The path to the location was marked by flags at half mast, barely fluttering in the lukewarm autumn air. Unbeknownst to him, she was recording the. 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 attorney wasnt an expert in criminal law but he told Martinez one thing: do NOT talk to anyone even the other inmates could be informants. Martinez didnt have much intel on the organization but the Mongols in his cell block suspected Martinez knew names and that was enough. Annie Yumiko Santillan is on Facebook. This was not an act. (CBS) SAN FRANCISCO - Christopher "Stoney" Ablett, a member of the Mongols outlaw motorcycle gang, was sentenced to life in prison without parole Tuesday for the murder the president of the Hells . 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. Sullivan had nearly all the pieces of a winning case. But experts like Leo Noyola stand by the procedures, claiming they are highly effective. 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. A mile-long police motorcade drove through Pomona, watched by the citizens of the town who held signs showing their support for the Diamond family. Case Summary. His Respect Few Fear None patch meant that he assaulted a rival gang member. For a rock solid case he needed a confession. 2,525 posts. The gun that merited his clients claim of self-defense. "Lots of brothers have tattoos of the marks on their necks and heads and everywhere," David Santillan, the national president of the club, said. It was a logical expansion but wasn't intended as a provocation against the Outlaws, the former Mongols leader says. The only illicit material found was a small baggie of meth and one stolen firearm. Diamond was known as a devoted officer and a family man. 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. 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. Officers loaded Martinez into a transport vehicle and made a series of stops along a circuitous route to the LA county jail. He started to believe them because he desperately wanted it to be true. 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. Closing arguments began the following day. Under the glow of street lamps, the officers feet pounded the pavement, executing practice runs for maximum efficiency. That kind of brutal damage was consistent with a shotgun slug. Their evidence contained several details that fundamentally shaped his understanding of the case. He called off the operation and Martinez was taken to his cell. Most importantly, Esqueda agreed with the family that David didnt shoot Shaun Diamond; the officers death was an accident caused by friendly fire. 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. Although the police told David that he shot officer Diamond, David was starting to have his doubts. Martinezs retrial faced further delays when the pandemic threw court schedules into disarray. The California motorcycle group had claimed that its former president, David Santillan, was a government informant. Mongols Motorcycle Club was founded in Montebello, California on December 5, 1969. But then the seas changed as Darrin Kozlowski approached the stand. agent on the case, John Ciccone, sharing inside information about the club in exchange for lighter penalties for various offenses. On one side of the door, a police officer was killed. Corrections officers heard rumors that gang members intended to kill Martinez and he was moved from his block for his safety. Morale was high. 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. Jack Garden called Sandra Roman to the stand. His law office was located near the Martinez home in San Gabriel, he spoke perfect Spanish, and he commanded a room with his charming smile. Later in the morning, Detective Lugo received a somber phone call: Officer Shaun Diamond was dead. She added that she didnt understand what David was talking about in relation to Ciccone. On the third stop, Noyola himself entered the operation, determined to extract the information that the less experienced officers had failed to obtain. After the courts TV screen faded to black, Sullivan asked Noyola if Martinez looked like a man who was lying in the video. Available on GOOGLE PLAY CLICK HERE TO DOWNLOAD FROM GOOGLE PLAY STORE. 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. Under Jack Gardens guiding hand, their testimonies reinforced the narrative that the SWAT team followed procedure and announced their presence at the Martinez home. It was supposed to be a warning shot. How many times did you announce yourself? David Martinez watched the ambulance leave from the back of a cop car. After two days, the preliminary hearing came to a conclusion. If prosecutors had decided to eschew the death penalty, that meant they had doubts. Tall and thin, with steely grey hair, Sullivan was a passionate, senior trial attorney with a reputation for winning difficult cases. And the festivities of Christmas. The act did little to ease Sandras mind. Unbeknownst to him, she was recording the. The silence implying his dissent: there was a way to tell. David Martinez fell to his knees and dropped the shotgun on the carpet. The jury deliberated for five days. 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. Sullivan had now identified the gun that was pointed at the door. 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. The time changed him. Their screams echoed off of concrete walls and they threw their feces at the guards. Martinez saw his father, Arturo, by the door. Finally, a partial verdict was reached: the jury found David Martinez not guilty of first-degree murder. Jaime Martinez was part of the SWAT team on the porch the night of the shooting. "It's about honor, respect and pride," David Santillan said. With no explicit confession from Martinez, Lugo called Officer Leo Noyola, the leading expert in Perkins operations. This tragedy fit the silent film that plays on the wall of the American subconscious. David was ready to accept that he shot Shaun Diamond. The interactions are recorded on audio and video surveillance and their use is admissible in a court of law. 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. I think there might be informants. Noyola was pissed. Esqueda told the family that the whole situation was a police cover-up and he was certain that they would win in court. They had a strong self-defense case. The defendant once shrouded in innocence now looked the part of a criminal drug user who might shoot a cop for bragging rights. Suddenly, a shot rang out and Diamond was hit in the back of the neck. A dozen officers in grey suits sat by Shaun Diamonds daughter, Margo. After listening to Martinezs conversations with the Mongols, Detective Lugo was certain that Martinez shot the gun. Desperate for more incriminating statements, Lugo interrogated David Martinez, but his story didnt change. The look in the mans eyes, the way his limbs hung, the pitch of his voice. 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. But Sandras one word answers and defiant attitude didnt deter the prosecution. Instead they would be charging first-degree murder. Medics swarmed the porch. This was a potential capital punishment case. Martinez didnt mean to shoot anyone. Crime Story Weekly Newsletter Sign-up 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. Why wasnt there an officer stationed in the backyard? In the past, Sandra and Martinez resided in their own house with their children. It was clear from the outset that the trial would not be amicable. 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. He thought it was the Mongols. Martinezs story was consistent: He was worried about his father, concerned about his kids, and he thought the intruders were rival gang members, not police. 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. 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. Unable to keep Martinez in the Montebello holding cell, Noyola and Lugo spun together a Perkins operation one that would take place during Martinez transit from Montebello to the LA county jail the next day. 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. 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. 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. If it did there might not be a trial. Garden paced by the jury box and inquired about the night of Officer Diamonds death. It was a blow to Sullivan, who knew that the tapes could offer the jury a valuable snapshot of his clients emotional and mental state in the hours after the incident. Blake took his aim. Santillan had called his wife in June 2021to beg for forgiveness. 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 is a transfer student from Palomar College, where he worked as an arts & culture writer for The Telescope, Palomar's on-campus newspaper. Mongols MC Chief Little Dave Santillan Was Not A Snitch 5 months ago Scott Burnstein You are unauthorized to view this page. After the weeks, months and years in jail he was desperate to be free to take care of his family. The public defender had a plan and he wasnt going down without a fight. Last Name, The Trials of Harvey Weinstein and Danny Masterson. I didnt know it was the cops. Perkins Operations are controversial because they can be performed without reading the defendant their Miranda Rights so long as the defendant hasnt been arraigned. On the final day of testimony, Sullivan walked into the courtroom bleary-eyed but beaming. 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.. He worried about his kids. Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF. 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. Sullivan forged ahead in his defense of David Martinez. Martinezs worried glance at Sullivan betrayed his fear. But after a motorcycle accident kept Martinez from working for several months, financial strain brought the family back under the same roof. 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