Every stitch of association between Martinez and the Mongols knit a narrative that Martinez was a gang member, a criminal, and a killer. She added that David's mistress had been harassing her. Jack Garden delivered a strong soliloquy infused with the long history of the Mongols hostility towards law enforcement. Finally, a partial verdict was reached: the jury found David Martinez not guilty of first-degree murder. Martinez was exhausted, and distraught but he was clear headed enough to know one thing. In the shadowy halls, he was attacked with a shank and sustained a gash to his arm. Guadelupe told her son she was certain Shaun Diamond was killed by friendly fire, maybe an over-eager SWAT officer standing behind him. Prior to the gunshot from inside the house, did you ever poke your gun into the house? It was a softball. He's accused of being a confidential informant and working with the government during the Mongols' trial after his wife,. But it all felt inconsequential compared to the content on the tapes. The DAs office only pursued the death penalty when the case was rock solid. 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. 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? 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. He wanted to be absolved of Shaun Diamonds death entirely. 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. Three years after the 2018 case, the Mongols lawyers came forward last year with claims that the groups former president, David Santillan, had been surreptitiously cooperating with a special agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives for years and had sabotaged the defense. On 01/24/2008 ANNIE YUMIKO SANTILLAN filed a Family - Marriage Dissolution/Divorce lawsuit against DAVID SANTILLAN. 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. Now Sullivan and Martinez would have to account for each of those moments. Now officers feared that the Mongols were poised to retaliate. Later, he gave his kidney to save his son, Kellys life when he was in need of a transplant. 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. Mongol Anthony "Bronson" Barrera, 43, was stabbed to death and two Hells Angels - Jeramie Bell, 27, and Robert Tumelty, 50 - were shot to death. Join Facebook to connect with Annie Yumiko Santillan and others you may know. When it came time for Martinez to address the court, he stood before the judge in his jail-issued orange scrubs. 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. After the weeks, months and years in jail he was desperate to be free to take care of his family. On the other side, a mans life changed forever. If Moss message had been heard, then the SWAT team may have waited for Arturo to open the door. Past the crisp leaves of autumn. The interactions between client and attorney became increasingly contentious. Each of their dress blues nicely ironed, all of their tie pins immaculately shined. Disappointed by the courts rulings, Sullivan remained resolute, diving head-first into developing his defense. But Martinez didnt want a self defense case. 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. But in this story, there are two sides to a single door. 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. This man was ready to accept the truth; he took full responsibility for shooting Shaun Diamond. The door opened to reveal the barrel of a gun pointed inside the home. That kind of brutal damage was consistent with a shotgun slug. He wanted to watch his children grow up and he was willing to do anything to make that happen, even if it meant confronting the horrific truth. And the festivities of Christmas. When interviewed, Santillan expressed that removal of the logo would be devastating to the club. Why wasnt there an officer stationed in the backyard? Tall and thin, with steely grey hair, Sullivan was a passionate, senior trial attorney with a reputation for winning difficult cases. I assume so. 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. 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. For four hours David watched the SWAT team ransack his familys home. He would go out with them and he would smoke meth with them. 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. Fundraisers were held to contribute to legal expenses, which initially amounted to $60,000 and were constantly growing with Esquedas long hours. That evening Jim Moss had been positioned behind a Mustang in a neighbors driveway. ATF officials view Santillan's public declarations about the club cleaning house as hollow words; they continue to treat the Mongols as a serious threat. Its the wooden front door of the Martinez residence in San Gabriel, California. They shot me!. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. And it wasnt usual for him to be up at 3am. The Mongols claimed in their motion for a new trial that Mr. Santillan had an inappropriate working relationship over the years with the lead A.T.F. DAVID SANTILLAN Agent Address 216 SOUTH CITRUS ST STE 152, WEST COVINA, CA, 91791 Directors / Officers. 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? PressReader. 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. He wore classic suits, well fitted and meticulously pressed. Annie Yumiko Santillan Should you have any questions regarding Bail please contact me at +1 (626) 898-1447 or email at anniesantillan@yahoo.com. He asked why they targeted his house. Sullivan tried to reason with his client: he still had a strong self defense case even if Martinez shot an officer. 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. May 10, 2010 We Offer Fast, Professional, discreet Bail Bond Services He was forceful in his statements, never wavering in voice or message: the embodiment of the strength and resolve of the law. John told me that I have one year, one year, David said during the call. In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). But Sullivan knew that the jury would judge more than the seconds and the shot. Former Mongols President David Santillan continued to testify. ATF officials view Santillans public declarations about the club cleaning house as hollow words; they continue to treat the Mongols as a serious threat. I didnt know it was the cops. If he couldnt show them Davids mindset before the incident, he would settle for showing them the aftermath. agent on the case, John Ciccone, sharing inside information about the club in exchange for lighter penalties for various offenses. He promised he'd put his infidelities behind him, get sober and be a better father. Santillan had called his wife in June 2021to beg for forgiveness. 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. During a Perkins operation, undercover agents infiltrate cells and/or holding tanks in order to elicit information from defendants. "How do you regulate that?" David Martinez struggled to contain his emotions as he watched his wife raise her right hand to take her oath. After two days, the preliminary hearing came to a conclusion. No rifles were pointed at the doorway. A federal appeals court is separately considering an appeal of the conviction. A supervisory special agent with the A.T.F. In 2014, local Los Angeles and Riverside County officials were also concerned about the Mongols illicit activities. This was not the score they were looking for. 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 . Jack Garden was quick to point out that the SWAT team only used beanbag shot. Sullivans cross examination of Moss was a victory, but Sullivan wasnt slowing down. He fired his weapon and the bullet struck a fine young officer who was just doing his job. A jury ordered the forfeiture, but Judge Carter reversed the order, concluding that it infringed on the groups constitutional rights. Officers loaded Martinez into a transport vehicle and made a series of stops along a circuitous route to the LA county jail. 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. One of those residences was the home of David Martinez. The California motorcycle group had claimed that its former president, David Santillan, was a government informant. He had gotten a late start on the paperwork because he had spent the day helping his parents clean and operate the family laundromat. 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 club's name of the "Mongols" was inspired by Genghis Khan's Mongol Empire. 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. Judge Charlaine Olmedo sustained nearly every objection, impeding the momentum that Sullivan gained. Sullivan called Noyola back to the stand and played the edited tapes. Martinezs worried glance at Sullivan betrayed his fear. In the video, Santillan mentioned that the lead agent in the RICO case, John Ciccone, had protected him over the years. Annie Santillan is 53 years old and was born on 02/12/1969. Sandra emerged from her room and pulled David Jr. back to her bed. The only illicit material found was a small baggie of meth and one stolen firearm. The couple was adamant: David didnt shoot Shaun Diamond. Tensions were high after two incidents in which Mongols members were shot at or pushed off their bikes on freeways by other bikers, leaving one member killed, one paralyzed and several others wounded. David might not have heard the police announce themselves at all. 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. Maybe he wasnt responsible for a mans death at all. She added that David's mistress had been. She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. Noyola was meticulous. 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 . I think there might be informants. Noyola was pissed. This tragedy fit the silent film that plays on the wall of the American subconscious. Tensions sparked when Brady Sullivan presented Martinez with the evidence that he had shot Shaun Diamond. Upon arriving at the jail Noyola worked on Martinez in the holding cell. Three years passed and it seemed everything was the same. But Sandras one word answers and defiant attitude didnt deter the prosecution. Representatives from several local law enforcement departments also said they had no such records. 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. He climbed into bed with Sandra and was just about to fall asleep when he heard a banging noise that rattled the whole house. Maybe thats why the Martinez family overlooked Edward Esquedas spotty legal history. Martinez aimed his shotgun. He greeted members of the press by name and was followed by a swarm of clerks who carried his files. As a subscriber, you have 10 gift articles to give each month. All the evidence had been presented. 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. But then the seas changed as Darrin Kozlowski approached the stand. 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. Evidence of that internal monologue did not exist. This was not an act. She didnt know when she would get to hold Alyssa or David Jr. again. Their screams echoed off of concrete walls and they threw their feces at the guards. Facebook gives people the power to share and makes the world more open and connected. 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. They threatened to stab David should he open his mouth. I thought you were the Mongols! Davids sister and his mother shrieked in the living room guttural shouts of piercing terror. 13.6K followers. Martinez had been assigned to a block that housed several other members of the Mongols. Perkins Operations are controversial because they can be performed without reading the defendant their Miranda Rights so long as the defendant hasnt been arraigned. Martinez grabbed the shotgun that he kept by the side of his bed and ran to the living room where his parents and sister slept. He pelted Martinez with questions poised to slip him up. The interactions are recorded on audio and video surveillance and their use is admissible in a court of law. I thought that was all over and done with. It was a logical expansion but wasn't intended as a provocation against the Outlaws, the former Mongols leader says. The rocker and back patch meant Martinez was a full member. They believed Arutro had been shot by an officer and that David wasnt even in the living room when it happened. 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. 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. 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. Esqueda told the family that the whole situation was a police cover-up and he was certain that they would win in court. I dont find theres sufficient cooperation to merit overturning the conviction, Judge Carter said in a ruling from the bench. Blake took his aim. Charlaine Olmedo excused the jury to admonish Sullivan for his tone. After his incarceration, Mongols Club members voted for his removal from office in 2008. From his vantage point he could see into the house through the living room window. At 3 am, Martinez finished his reports. He explained: We wanted them to know we were there monitoring.. The last customer hadnt left until 11 pm. 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. 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. But their children were gone, taken by The Department of Family and Childrens Services. Corrections officers heard rumors that gang members intended to kill Martinez and he was moved from his block for his safety. The Mongols claimed that Mr. Santillan had an inappropriate working relationship with an A.T.F. This man took full responsibility for shooting a police officer. Moss described the bloody trauma to Diamonds airway, his words seeped in loss as he made eye contact with every juror. 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. They had already visited the hospital where Martinez planned to. 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. Noyla dodged the question Theres no way to tell, he said. The air buzzed with the hushed tones of dozens of different conversations each regarding a different case. It was clear to Sullivan that only one person shot a gun that night: his client, David Martinez. Case Summary. Their conversation was recorded by a hidden mic and a camera that was concealed in the janitors closet opposite the tank. His Respect Few Fear None patch meant that he assaulted a rival gang member. By the time the Martinez family arrived there wasnt enough room for them to sit. David Santillan currently lives in Temple City, CA; in the past David has also lived in Arcadia CA and South Pasadena CA. Sullivan knew the danger of that story; he needed to unravel it to convince the jury of Martinezs innocence. He believed Shaun Diamonds death was never his fault. If it did there might not be a trial. Investigators feared that the Mongols were forcibly recruiting members of newer motorcycle clubs and compelling them to pay dues. 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. 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. Is that right? Sandra hesitated, delicate in her response. By this time, Sullivan was fuming. How could a jury believe the word of a Mongol over the testimony of officers? 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. The operation was considered high-risk due to the Mongols association with a wide range of criminal activities including the use of illegal firearms, meth trafficking, robbery, assault, and murder. The judicial horizon ever retreating, always miles ahead. They call themselves the Mongols Motorcycle Club - and they're one of the largest Motorcycle Clubs in the world. 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. Lifting Martinezs motorcycle jacket from a cardboard evidence box, Kozlowski testified regarding every patch on the leather garment. 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. He didnt know it was the police didnt see them and didnt hear them. After speaking with his family, David was now convinced that the police had lied to him about the shooting. In other words, Ms. Santillan wrote in the text, he is a rat. In the video, played several times during the hearings, Ms. Santillan is talking to her husband on speakerphone when he informs her that Mr. Ciccone will be retiring. After two hours Martinez turned to Noyola and said, Im not sayin nothin. 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. 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. Garden returned a smile and led Noyola down an alternate road insinuating that Martinez was putting on a show. The arguments that followed kicked off with a long procession of police in full uniform. The rest of the SWAT team searched the home. At a young age, Diamond passed up opportunities to go to college to become an officer and provide for his 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. David Santillan, Assistant News Editor David is a senior at San Diego State where he is majoring in French. Santillan's wife, Annie Santillan, told ABC7 that she recorded their conversation because the couple had become estranged due to his infidelity. It was even worse than living in fear of the Mongols. Crime Story Media LLC. The public defender had a plan and he wasnt going down without a fight. Over six thousand police officers, government officials and members of the public attended Shaun Diamonds funeral which was held at an arena in Ontario. When he spoke with members of the Pomona Police Department, love and support radiated from their ranks, but underneath a righteous anger brewed: outrage aimed at the man who killed Shaun Diamond. Sullivan shut his laptop and gave Martinez a nod. Usually this wasnt a problem, but it was for Martinez, who claimed he was no longer associated with the Mongols. Martinez wouldnt budge on his version of the story and Sullivan wouldnt change his strategy. Moss tried to alert the other officers that someone was coming but his voice was drowned out by the banging and the shouting and barking of Martinezs dogs. 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.). Mongols Motorcycle Club was founded in Montebello, California on December 5, 1969. Emmy Winning TV news writer currently @latimes VP for @NAHJSDTJ formerly @10News @thedailyaztec @sdsu '19 Since those early days, the Mongols have grown in number. 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 gun that Martinez saw that made him fear for his life. We use a combination of modeling, theory, and numerical simulations to study the dynamics and properties of flows involving a microstructure (such as particles . He feared they were angry because he was distancing himself from the club. He is now reportedly planning a group bike ride known as a 'run' to announce his membership of the Mongols . 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. But when he met with David, it was like he was meeting with a different man. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. **** IMPORTANT**** Check out the totally redesigned app!! All three elements of evidence would be critical during trial as they included exculpatory statements from David Martinez. Medics swarmed the porch. An easy no. 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. The defendant on the stand was different from the one that Sullivan met at the beginning of the case. The ruling won't keep . 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. The judge found sufficient cause to move forward with the trial. The Mongols MC will not get a second chance to clear itself of federal racketeering charges after a judge last week denied its request for a new trial. Immediately Jack Garden objected to the use of the tapes, due to the fact that they contained hearsay from other inmates in Martinez holding tank and transit vehicle. Diamonds airway had no recognizable anatomy, only bloodied carnage. 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. And he pulled his trigger. 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