Closing arguments began the following day. Martinez would be arraigned and assigned counsel in the next 24 hours, at which point they could no longer enact a Perkins operation. Sandra didnt want to testify but because she and David didnt have a marriage license, their relationship was only considered a common law marriage. The ultimate implications for society are paramount here, he said. He climbed into bed with Sandra and was just about to fall asleep when he heard a banging noise that rattled the whole house. Garden returned a smile and led Noyola down an alternate road insinuating that Martinez was putting on a show. Why wasnt there an officer stationed in the backyard? This is a reprise presentation of our original post on November 13 of last year. Then he saw the barrel of a gun. Five and a half years after his arrest, David Martinez continues to wait in jail. What would they do to protect their family? 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. Martinez aimed his shotgun. Corporal Richard Aguiar and Officer Diamond breached the outer metal security door of the home with a push-pull device called a ripram. Diamond turned to discard the device as someone inside the home opened the inner, wooden door. The couple was adamant: David didnt shoot Shaun Diamond. The drugs and the partying had gotten old. They had a strong self-defense case. Sandra testified for hours regarding Martinezs involvement in the Mongols Motorcycle Club. A dozen officers in grey suits sat by Shaun Diamonds daughter, Margo. And Richard Aguiar testified that upon entering the Martinez household he heard David yell Im sorry. 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. A stand out in the series of officers was Jim Moss, the SWAT paramedic who treated Shaun Diamond immediately after he was shot. 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. Ultimately the men arrived at an impasse. 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. 13.6k Followers, 1,120 Following, 2,525 Posts - See Instagram photos and videos from Annie Yumiko Santillan (@anniesbailbonds) anniesbailbonds. "It's about honor, respect and pride," David Santillan said. After speaking with his family, David was now convinced that the police had lied to him about the shooting. In a split second a shot rang out. 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. 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. agent, but they failed to persuade a judge to grant a new trial on the racketeering and conspiracy convictions against the club. The explosive allegations come after a secretly recorded video. The SWAT team had been issued a knock warrant meaning that they had to clearly announce themselves before entering the premises. Noyla nodded. 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. It was a logical expansion but wasn't intended as a provocation against the Outlaws, the former Mongols leader says. 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. New features, smoother menu and backgrounds- PLUS!! 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. 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. . The SWAT team invaded the home in full force rifles raised. 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. But he concluded that there was insufficient evidence to set aside the convictions, and that the club had made no showing that it was likely to prevail in any retrial. During all that time, the threat of the death penalty hung above Martinezs head keeping him up at night. On the final day of testimony, Sullivan walked into the courtroom bleary-eyed but beaming. 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. Several years after a jury deemed the Mongols a criminal organization, the club's attorneys have in recent months alleged that former Mongols president David Santillan was a government "rat . 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. The logo also called a patch is emblazoned on the vests, T-shirts and motorcycles of hundreds of members. 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. Fundraisers were held to contribute to legal expenses, which initially amounted to $60,000 and were constantly growing with Esquedas long hours. It had taken weeks for the prosecutors to paint David Martinez as a hardened gang member but now the portrait was vivid. As a subscriber, you have 10 gift articles to give each month. Judge Rejects Claim That Mongols Biker Club Leader Was a Rat, https://www.nytimes.com/2022/10/07/us/mongols-informant.html. Last Name, The Trials of Harvey Weinstein and Danny Masterson. The good guys had fought the bad guys and the bad had left a bloody mark. A supervisory special agent with the 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. Prior to the gunshot from inside the house, did you ever poke your gun into the house? It was a softball. There were cracks in their case and he would find them. He didnt know it was the police didnt see them and didnt hear them. While Sullivan began assembling his case, Martinez communicated with his parents, Arturo and Guadelupe. She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. I didnt know it was the cops. Martinez explained that the night of the incident was pure chaos. 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. That evening Jim Moss had been positioned behind a Mustang in a neighbors driveway. Other names that David uses includes Davis R Santillan, David R Santillan and David Santillian. The defendant on the stand was different from the one that Sullivan met at the beginning of the case. Except for David Martinez. He wore classic suits, well fitted and meticulously pressed. Davids parents stood firm in their belief that their son never shot Shaun Diamond. Since those early days, the Mongols have grown in number. 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. Sandra emerged from her room and pulled David Jr. back to her bed. On the other side, a mans life changed forever. Martinez would be his last big case, the culmination of his years as defense counsel. Jaime Martinez casually responded, Yes, I pointed my weapon into the house. Garden quickly reoriented the question. (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 . He started to believe them because he desperately wanted it to be true. 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. There were pictures of Martinez in Mongols clothes and photos of David arm in arm with Mongols President, Little Dave. In the video, Santillan mentioned that the lead agent in the RICO case, John Ciccone, had protected him over the years. She added that David's mistress had been harassing her. If convicted David Martinez could face the death penalty. The coroners report showed that Diamond was shot in the back of the neck. Tall and thin, with steely grey hair, Sullivan was a passionate, senior trial attorney with a reputation for winning difficult cases. His legal binders were plain but fastidiously organized and when it came to the media he eschewed the spotlight preferring to focus on his cases. He would go out with them and he would smoke meth with them. Investigators feared that the Mongols were forcibly recruiting members of newer motorcycle clubs and compelling them to pay dues. Court Records. 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. Annie Yumiko Santillan is on Facebook. 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. Im sorry. According to Sandra, David Martinez loved his Mongol brothers. She told the court that Martinez association with the Mongols upset her. Sullivan called Noyola back to the stand and played the edited tapes. Its the wooden front door of the Martinez residence in San Gabriel, California. Chaos erupted. But it wasnt clear that he knew he was firing at an officer. 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? The DAs office only pursued the death penalty when the case was rock solid. He reminded his client that all hope was not lost. Sullivan was glad to be back on the case but he was apprehensive about Martinez, given their abrasive parting. In the shadowy halls, he was attacked with a shank and sustained a gash to his arm. When Sullivan addressed the jury it was not with brute strength but with passion and vulnerability. It was his friend, Raul, another alleged member of the Mongols, who had also been the subject of a search warrant that night and was currently being held in a neighboring holding tank. The stakes of the operation had now dramatically increased. The agitated rhythm of Martinezs life in jail was punctuated by court dates. Charlaine Olmedo excused the jury to admonish Sullivan for his tone. Garden reiterated the narrative that Martinez was a gang member who saw the officers and took his shot with malice in his heart. Mongol Anthony "Bronson" Barrera, 43, was stabbed to death and two Hells Angels - Jeramie Bell, 27, and Robert Tumelty, 50 - were shot to death. He's accused of being a confidential informant and working with the government during the Mongols' trial after his wife,. David 'Lil Dave' Santillan, president of the International Mongols Motorcycle Club. 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 his torture was not simply mental: Martinez was also physically assaulted and threatened. Garden paced by the jury box and inquired about the night of Officer Diamonds death. How loud was the sound of the ripram hitting the gate? All three elements of evidence would be critical during trial as they included exculpatory statements from David Martinez. 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. Their evidence contained several details that fundamentally shaped his understanding of the case. He pelted Martinez with questions poised to slip him up. Sullivans past frustration with Martinez dissipated. And on the night or morning when you saw him in the office he was high on methamphetamine, correct? Sandra responded quietly. How could David shoot a man in the back when he was standing in front of him? The jury watched a distraught Martinez in the holding tank crying out in concern for his family. The living arrangement hadnt always been this cramped. The court was packed with police officers who got there early to place reserved signs on the gallery benches for Diamonds family. He needed Martinez to state that he knew police were on his porch and that he shot his gun intending to kill. 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. He greeted members of the press by name and was followed by a swarm of clerks who carried his files. PressReader. The Mongols are equally mystified. 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. 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. We use a combination of modeling, theory, and numerical simulations to study the dynamics and properties of flows involving a microstructure (such as particles . On the third stop, Noyola himself entered the operation, determined to extract the information that the less experienced officers had failed to obtain. Maybe the shot he fired didnt hit anyone. 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 community of San Gabriel united behind the Martinez family. There was a clear conclusion that Jack Garden intended for the jury to draw Diamond died a horrible, painful death. Maybe he wasnt responsible for a mans death at all. Case Details Case Number GD042186 Track Case Changes Filing Date January 24, 2008 Last Refreshed Deputy DA Jack Garden painted a straightforward picture Martinez was a gang member who saw the officers and took his shot. Sullivan called other witnesses, including neighbors who didnt hear the police announce and friends of David Martinez who attested to his character. Most of the members were military veterans and all loved to ride their Harley Davidson motorcycles. It had all happened in seven seconds. Upon arriving at the jail Noyola worked on Martinez in the holding cell. Then, after more than a month apart, Sandra finally regained custody of Alyssa and David Jr. allowing the tight family to rally together and to lift Martinez spirits. This case was filed in Los Angeles County Superior Courts with Walla Nori A presiding. Noyla dodged the question Theres no way to tell, he said. For a rock solid case he needed a confession. It was even worse than living in fear of the Mongols. He promised he'd put his infidelities behind him, get sober and be a better father. Martinez got quiet. 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. 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. He was forceful in his statements, never wavering in voice or message: the embodiment of the strength and resolve of the law. 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. 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. 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. 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. 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. 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. He is a transfer student from Palomar College, where he worked as an arts & culture writer for The Telescope, Palomar's on-campus newspaper. 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. Three years passed and it seemed everything was the same. "How do you regulate that?" After Judge Carters ruling, he declared vindication in what he said was a contrived internal political witch hunt to smear my name and to get me dethroned.. 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. This was a massive win for David Martinez, but Sullivan knew it meant something more. As the dead of night gave way to dawn, Detective Ray Lugo arrived on the scene. 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. David Santillan was the president of the Mongols motorcycle club for nearly 13 years, until he was voted out of the club in July of 2021. You shot to kill that day. Martinez stood firm. Jim Moss told the jury that the scene was chaotic. The Judge overseeing this case is WALLA, NORI. Inside, the blare of a bagpipe announced the arrival of Diamonds casket, carried by officers in uniform. In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). Sullivan fumed at the counsels table, flipping through stacks of papers and wrinkling his usually pristine suit-jacket. Desperate for more incriminating statements, Lugo interrogated David Martinez, but his story didnt change. He called Officer Noyola to the stand and asked him the purpose of the Perkins Operation. 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. But experts like Leo Noyola stand by the procedures, claiming they are highly effective. I shot to protect my family. Martinez endured the stand for two days and for two days his story stayed the same. Is that right? Sandra hesitated, delicate in her response. It seemed possible that his parents were right. The room was already tense. 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. In contrast, the Deputy DA ultimately assigned to the case was the attorney equivalent of a high school starting quarterback. He wanted to be absolved of Shaun Diamonds death entirely. The most notable of these undercover missions was Operation Black Rain, an ATF sting that resulted in the arrest of over 60 Mongols including then-Mongols president, Ruben Cavazos. The air buzzed with the hushed tones of dozens of different conversations each regarding a different case. 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. On October 28, 2014, in San Gabriel, California, Mongols member David Martinez allegedly shot and killed Pomona Police SWAT Team member Shaun Diamond. 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