He had to focus on the gut-wrenching task at hand: his preliminary hearing. Blake took his aim. And it wasnt usual for him to be up at 3am. Ethan Tate, Meghann M. Cuniff and Lauren Herstik contributed reporting. Martinez saw his father, Arturo, by the door. 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. . Judge M. L. Villar, at the preliminary hearing, added a special gang allegation to the capital murder charges after the prosecution connected him to a Mongols chapter in Montebello, California. But Sullivan asserted that amidst that storm his client had acted in self defense: he shot to protect his family. His eyes flashing with something that looked like nerves. Martinez didnt have much intel on the organization but the Mongols in his cell block suspected Martinez knew names and that was enough. Their screams echoed off of concrete walls and they threw their feces at the guards. There were pictures of Martinez in Mongols clothes and photos of David arm in arm with Mongols President, Little Dave. Martinez didnt mind it made it easier to help his aging parents. Esqueda told the family that the whole situation was a police cover-up and he was certain that they would win in court. After two days, the preliminary hearing came to a conclusion. The jury watched a distraught Martinez in the holding tank crying out in concern for his family. Disappointed by the courts rulings, Sullivan remained resolute, diving head-first into developing his defense. 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. "I assumed it was going to be her, so we videotaped," Annie told the station. With all this responsibility weighing on Sullivans shoulders, he arrived at counsels table for pre-trial motions. Yes. She recounted that Martinez was hyperactive and sweating. Follow. According to Sandra, David Martinez loved his Mongol brothers. She told the court that Martinez association with the Mongols upset her. The gun that Martinez saw that made him fear for his life. David Santillan currently lives in Temple City, CA; in the past David has also lived in Arcadia CA and South Pasadena CA. Martinez would be his last big case, the culmination of his years as defense counsel. 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. The coroners report showed that Diamond was shot in the back of the neck. On cross-examination Jack Garden sauntered around the lectern. Morale was high. Later, he gave his kidney to save his son, Kellys life when he was in need of a transplant. The tapes were garbled and filled with overlapping discussions that would have to be meticulously picked apart. He yelled through the air vent to his friend, Raul, that he didnt know it was the cops at his door. Catalog; For You; Inland Valley Daily Bulletin. The Mongols Motorcycle Club was founded in 1969 in Montebello, CA by a brotherhood of Latinx men who had been excluded from the Hells Angels. Davids parents stood firm in their belief that their son never shot Shaun Diamond. The judicial horizon ever retreating, always miles ahead. 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. 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. 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. Martinez would be arraigned and assigned counsel in the next 24 hours, at which point they could no longer enact a Perkins operation. The community of San Gabriel united behind the Martinez family. The explosive allegations come after a secretly recorded video. He fired his weapon and the bullet struck a fine young officer who was just doing his job. He explained: We wanted them to know we were there monitoring.. They had already visited the hospital where Martinez planned to. Then he saw the barrel of a gun. All three elements of evidence would be critical during trial as they included exculpatory statements from David Martinez. The interactions between client and attorney became increasingly contentious. 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. As the details of the horrific incident swarmed in Davids mind he faced another nightmare in his living situation. Why wasnt there an officer stationed in the backyard? "How do you regulate that?" 13.6k Followers, 1,120 Following, 2,525 Posts - See Instagram photos and videos from Annie Yumiko Santillan (@anniesbailbonds) anniesbailbonds. David Martinez fell to his knees and dropped the shotgun on the carpet. 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. Despite the defenses victory, David Martinez remains in jail. The court was packed with police officers who got there early to place reserved signs on the gallery benches for Diamonds family. Martinez didnt mean to shoot anyone. The extent of the trauma was indescribable, even for Moss, who had been a rescue paramedic for 14 years. Since those early days, the Mongols have grown in number. So if the inmate says something inculpatory then its inculpatory, but if he says something exculpatory then hes a liar?!. In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). A short, bald-headed man, Lugo was admired for his persistence. 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. Mongols MC Chief Little Dave Santillan Was Not A Snitch 5 months ago Scott Burnstein You are unauthorized to view this page. "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. New features, smoother menu and backgrounds- PLUS!! I didnt know it was the cops. Evidence of that internal monologue did not exist. Instead they would be charging first-degree murder. 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. For a rock solid case he needed a confession. She recalled that Martinez told her that he was struggling with meth addiction three weeks prior to the incident. If convicted David Martinez could face the death penalty. 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. It was supposed to be a warning shot. His Respect Few Fear None patch meant that he assaulted a rival gang member. In the past, Sandra and Martinez resided in their own house with their children. His lips tightened as he observed the damage: Diamond had sustained a shot in the back of the head that severed his spinal cord, carotid artery, and jaw. Each of their dress blues nicely ironed, all of their tie pins immaculately shined. He also denied that he ever helped Mr. Santillan win lenient treatment in his brushes with the law, which included a crash in his Mercedes five years ago while driving impaired. All rights reserved. Judge Carter conducted an extensive inquiry to unearth any evidence that Mr. Santillan had cooperated with law enforcement and acknowledged his difficulty in explaining away the contents of the video. That line of questioning was immediately buried in objections from the prosecution.
The ultimate implications for society are paramount here, he said. The Mongols are equally mystified. As of this republication, David Martinez remains incarcerated, pending retrial. When Martinez took the stand, it was Deputy District Attorney Michael Blake who rose from his chair. These registrations are something that need to be examined by the circuit, maybe the Supreme Court.. As the Mongols continued to talk, Martinez overheard a familiar voice echoing through the air vent. He asked why they targeted his house. Fundraisers were held to contribute to legal expenses, which initially amounted to $60,000 and were constantly growing with Esquedas long hours. Outside, SWAT paramedic Jim Moss tended to Shaun Diamond. 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 slug went straight through Arturos arm and blew through Shaun Diamonds neck. But their children were gone, taken by The Department of Family and Childrens Services. Talking to reporters he said, the patch is like a ring in a marriage, it symbolizes our loyalty and commitment. Ultimately, the Mongols retained rights to their emblem under free-speech laws, but the ATF continued to pursue other means of eliminating the Mongols brotherhood. He told the undercover officers that he assumed it was the Mongols when he heard the banging. Here the banging was even louder and the familys four dogs were barking. That evening Jim Moss had been positioned behind a Mustang in a neighbors driveway. 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. 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. Beanbag shot would not cleanly go through Shaun Diamonds neck. Despite the set-backs, Esqueda fumbled onward. In the wake of the preliminary hearing, David Martinez slowly awakened to the state of his feeble defense with Edward Esqueda. Lugo immediately took hold of the situation. Noyla dodged the question Theres no way to tell, he said. Incensed by Sullivans refusal to accept their narrative, David and the Martinez family turned their back on the public defender. She added that David's mistress had been harassing her. Santillan's wife, Annie Santillan, told ABC7 that she recorded their conversation because the couple had become estranged due to his infidelity. The Mongols Motorcycle Club was convicted in late 2018 of racketeering and conspiracy. 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. It was clear from the outset that the trial would not be amicable. 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. Their conversation was recorded by a hidden mic and a camera that was concealed in the janitors closet opposite the tank. It was a colossal task for Sullivan who was, by his own admission, not stellar with technology. The two shouted back and forth, relaying the events of the evening, and finding a brief solace in their companionship. 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. Contact & Personal Details. The video was recorded in June of last year, when, Ms. Santillan said, she felt scorned because her husband had been unfaithful and after she had obtained a restraining order against him for what she claimed was physical abuse. With no explicit confession from Martinez, Lugo called Officer Leo Noyola, the leading expert in Perkins operations. 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. 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. 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. But it wasnt clear that he knew he was firing at an officer. Cavazos subsequently plead guilty to charges of racketeering and was sentenced to 14 years in prison. 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. Later in the morning, Detective Lugo received a somber phone call: Officer Shaun Diamond was dead. The shocking accusation arrives after a secretly recorded video of Santillan talking to his wife about a special agent from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. On the other side, a mans life changed forever.
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. 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. It is now scheduled to begin in January of 2021. Im sorry. Jack Garden called Sandra Roman to the stand. John told me that I have one year, one year, David said during the call. Five and a half years after his arrest, David Martinez continues to wait in jail. He started to believe them because he desperately wanted it to be true. He wanted to be absolved of Shaun Diamonds death entirely. How many times did you announce yourself? 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. After his incarceration, Mongols Club members voted for his removal from office in 2008. . It was clear to Sullivan that only one person shot a gun that night: his client, David Martinez. 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. When the movements were drilled into their bones, the squad packed up and headed to their target location. Officers loaded Martinez into a transport vehicle and made a series of stops along a circuitous route to the LA county jail. Inside, the blare of a bagpipe announced the arrival of Diamonds casket, carried by officers in uniform. Over six thousand police officers, government officials and members of the public attended Shaun Diamonds funeral which was held at an arena in Ontario. Outside, Shaun Diamond fell to the ground, blood spilling from his head onto the porch. If the mission to elicit a confession was going to work, it had to be done quickly. Investigators feared that the Mongols were forcibly recruiting members of newer motorcycle clubs and compelling them to pay dues. The shooter should pay for that. The rest of the SWAT team searched the home. 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. Last Name, The Trials of Harvey Weinstein and Danny Masterson. No rifles were pointed at the doorway. Their evidence contained several details that fundamentally shaped his understanding of the case. Sullivans past frustration with Martinez dissipated. Jack Garden delivered a strong soliloquy infused with the long history of the Mongols hostility towards law enforcement. Mongols Motorcycle Club was founded in Montebello, California on December 5, 1969. Martinez parents, Guadelupe and Arturo, were called to testify in addition to the medical examiner and Shaun Diamonds partner, Richard Aguiar who was part of the SWAT team operation. A federal appeals court is separately considering an appeal of the conviction. 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. Martinez had been assigned to a block that housed several other members of the Mongols. DAVID SANTILLAN, agent; Registry Page The recordings also proved that David didnt brag about his actions to the other Mongols at Montebello or during the Perkins Operation. Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF. They pooled resources and hired private attorney Edward Esqueda. In the Deputy District Attorneys presentation, this wasnt just a case of a police officer being killed in the line of duty; this was an assassination committed as part of a gangs war on law enforcement. 1,120 following. 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. Sandra didnt want to testify but because she and David didnt have a marriage license, their relationship was only considered a common law marriage. 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. And the festivities of Christmas. A dozen officers in grey suits sat by Shaun Diamonds daughter, Margo. The defendant once shrouded in innocence now looked the part of a criminal drug user who might shoot a cop for bragging rights. The DAs office only pursued the death penalty when the case was rock solid. The public defender had a plan and he wasnt going down without a fight. 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. Prosecutors refiled the charges of second-degree murder and all lesser offenses. 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. It would have been impossible from where he was standing. The Mongols claimed that Mr. Santillan had an inappropriate working relationship with an A.T.F. Jaime Martinez casually responded, Yes, I pointed my weapon into the house. Garden quickly reoriented the question. Los Angeles, California (February 1, 2019) BTN - The federal government said they're a convicted criminal gang, and Hells Angels consider them enemies. When it came time for Martinez to address the court, he stood before the judge in his jail-issued orange scrubs. The brutal injury killed him a few hours later. Sullivan called Noyola back to the stand and played the edited tapes. A stand out in the series of officers was Jim Moss, the SWAT paramedic who treated Shaun Diamond immediately after he was shot. After the courts TV screen faded to black, Sullivan asked Noyola if Martinez looked like a man who was lying in the video. Still, Sullivan knew that in order to convince the jurors he had to give them something as close to that fictional record as possible. Then he began speaking about the A.T.F. The time changed him. Anyone can read what you share. agent. Past the crisp leaves of autumn. Sullivan knew the danger of that story; he needed to unravel it to convince the jury of Martinezs innocence. The only illicit material found was a small baggie of meth and one stolen firearm. Sullivan motioned to admit a recording of David in the police car in San Gabriel, a videotape of Martinez in the Montebello jail, and audio recordings from the Perkins operation. David Santillan We found 71 records for David Santillan in CA, AZ and 18 other states. He and his wife, Annie, were estranged after he had an affair. Noyla nodded. Not point . How loud was the sound of the ripram hitting the gate? But first he would have to convince the judge to admit the recordings in court a ruling she had waffled on during pretrial motions. 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 might not have heard the police announce themselves at all. The judge found sufficient cause to move forward with the trial. For four hours David watched the SWAT team ransack his familys home. Ex-ATF agent denies Mongol was an informant 2022-07-23 - By Sean Emery semery@scng.com . This is a reprise presentation of our original post on November 13 of last year. Garden reiterated the narrative that Martinez was a gang member who saw the officers and took his shot with malice in his heart. Garden nodded at Sandras explanation. The air buzzed with the hushed tones of dozens of different conversations each regarding a different case. She added that she didnt understand what David was talking about in relation to Ciccone. "It's about honor, respect and pride," David Santillan said. Diamond was known as a devoted officer and a family man. The California motorcycle group had claimed that its former president, David Santillan, was a government informant. 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