It was clear from the outset that the trial would not be amicable. 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. As it stands, The Suit, Doc and Little Rubes have been permanently 86'd from the Mongols by president David "Lil Dave" Santillan, who says they are " out bad ". Judge Rejects Claim That Mongols Biker Club Leader Was a Rat, https://www.nytimes.com/2022/10/07/us/mongols-informant.html. He worried about his kids. Three years passed and it seemed everything was the same. Martinez would be his last big case, the culmination of his years as defense counsel. So if the inmate says something inculpatory then its inculpatory, but if he says something exculpatory then hes a liar?!. 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. But when he met with David, it was like he was meeting with a different man. The Mongols claimed that Mr. Santillan had an inappropriate working relationship with an A.T.F. This man was ready to accept the truth; he took full responsibility for shooting Shaun Diamond. Shocked and confused he shouted Im sorry. When Sullivan addressed the jury it was not with brute strength but with passion and vulnerability. Lifting Martinezs motorcycle jacket from a cardboard evidence box, Kozlowski testified regarding every patch on the leather garment. He had gotten a late start on the paperwork because he had spent the day helping his parents clean and operate the family laundromat. He and his wife, Annie, were estranged after he had an affair. The case status is Pending - Other Pending. 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 Mongols Motorcycle Club was convicted in late 2018 of racketeering and conspiracy. Before moving to Annie's current city of Temple City, CA, Annie lived in San Gabriel CA and Arcadia CA. 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. 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. The rocker and back patch meant Martinez was a full member. 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 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. But after a motorcycle accident kept Martinez from working for several months, financial strain brought the family back under the same roof. In the video, Santillan mentioned that the lead agent in the RICO case, John Ciccone, had protected him over the years. The recordings also proved that David didnt brag about his actions to the other Mongols at Montebello or during the Perkins Operation. 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. When it came time for Martinez to address the court, he stood before the judge in his jail-issued orange scrubs. Each of their dress blues nicely ironed, all of their tie pins immaculately shined. Officers loaded Martinez into a transport vehicle and made a series of stops along a circuitous route to the LA county jail. He had to focus on the gut-wrenching task at hand: his preliminary hearing. Closing arguments began the following day. But Martinez didnt want a self defense case. 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. She added that David's mistress had been harassing her. The stakes of the operation had now dramatically increased. The couple was adamant: David didnt shoot Shaun Diamond. By this time, Sullivan was fuming. The jury watched a distraught Martinez in the holding tank crying out in concern for his family. 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. But as my Crime Story colleagues and I watched the case unspool, we realized that our binary paradigm was eroding. 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. He reminded his client that all hope was not lost. The president of the notorious Mongols motorcycle club promised he'd put his infidelities behind him, get sober. Prior to arriving at the house, Diamond and his fellow officers set up traffic cones representing the Martinez home and property lines in the SWAT office parking lot. Outside, Shaun Diamond fell to the ground, blood spilling from his head onto the porch. The silence implying his dissent: there was a way to tell. Arturo Martinez screamed and clutched his bleeding arm. Tensions sparked when Brady Sullivan presented Martinez with the evidence that he had shot Shaun Diamond. 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. (Photo by Bill Alkofer, Contributing . On the contrary, he expressed concern for the officer who was shot and remorse for the tragedy that had occured. 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. And if they waited, maybe David wouldnt have felt the need to defend his family with his shotgun. And this one would be. 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. He fired his weapon and the bullet struck a fine young officer who was just doing his job. 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 . They had a strong self-defense case. Martinez aimed his shotgun. This tragedy fit the silent film that plays on the wall of the American subconscious. 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. She didnt like that the club made him pay dues and encouraged him to spend weekends partying away from his family. The community of San Gabriel united behind the Martinez family. 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. 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. You shot to kill that day. Martinez stood firm. Their friction fueled emotional outbursts, raised voices and impassioned arguments. If Martinez didnt hear the police announce and he didnt see them before firing the gun, then he was innocent of murder. 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. The explosive allegations come after a secretly recorded video. 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. The last customer hadnt left until 11 pm. For four hours David watched the SWAT team ransack his familys home. But their children were gone, taken by The Department of Family and Childrens Services. He was broken and in shock without an ounce of bravado. He told the undercover officers that he assumed it was the Mongols when he heard the banging. No rifles were pointed at the doorway. How could David shoot a man in the back when he was standing in front of him? 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. On 01/24/2008 ANNIE YUMIKO SANTILLAN filed a Family - Marriage Dissolution/Divorce lawsuit against DAVID SANTILLAN. 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. It was his bullet that stuck his fathers arm and blew through the officers neck. Garden nodded at Sandras explanation. By the time the Martinez family arrived there wasnt enough room for them to sit. David Martinez fell to his knees and dropped the shotgun on the carpet. Upon arriving at the jail Noyola worked on Martinez in the holding cell. We use a combination of modeling, theory, and numerical simulations to study the dynamics and properties of flows involving a microstructure (such as particles . But he was also looking forward to retirement. The Martinez family was also present, seated in the left side of the gallery. Because I needed evidence to show the military that they had someone having an affair with a married man.. On cross-examination Jack Garden sauntered around the lectern. Santillan Annie Yumiko , filed a (n) Divorce,Separation - Family case against Santillan David , in the jurisdiction of Los Angeles County. 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. You can now listen to full episodes of the podcast right from the app. 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. I thought that was all over and done with. 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. In order to prevent gang wars, the inmates were sometimes placed with members of their own gang. Mongol: The Trial of David Martinez The Complete Ten-Part Series, S6 E48: The Trial of Michael Barisone: Equestrian Enthusiast who was at the Defendants Farm on the Day of the Shooting, S6 E47: The Trial of Michael Barisone: Equestrian Colleagues and a Psychologist, S6 E46: The Trial of Michael Barisone: Medical Professionals Part 2, S7 Bonus 4: The Trials of Weinstein and Masterson: Harvey Weinstein Sentenced, 30 Years Later, Rodney King Beating Remains Seminal Part Of LA, US History, Mike Romano: Three Strikes Project Client Freed from a Life Sentence for Evading Arrest, The Trials of Harvey Weinstein and Danny Masterson Trailer, Mongol: The Trial of David Martinez Parts 9 & 10, Mongol: The Trial of David Martinez Part 8, Mongol: The Trial of David Martinez Parts 6 & 7, S6 E48: The Trial of Michael Barisone: Equestrian Enthusiast who was, S6 E47: The Trial of Michael Barisone: Equestrian Colleagues and a, S6 E46: The Trial of Michael Barisone: Medical Professionals Part, S7 Bonus 4: The Trials of Weinstein and Masterson: Harvey Weinstein. She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. Communications with Mr. Santillan, Mr. Ciccone said, were limited to such matters as ensuring public safety at Mongols events. David Santillan was born on 05/14/1970 and is 52 years old. In the past, Sandra and Martinez resided in their own house with their children. He called Officer Noyola to the stand and asked him the purpose of the Perkins Operation. For a rock solid case he needed a confession. And Richard Aguiar testified that upon entering the Martinez household he heard David yell Im sorry. In a split second a shot rang out. "I assumed it was going to be her, so we videotaped," Annie told the station. 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. Noyla dodged the question Theres no way to tell, he said. 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. The judicial horizon ever retreating, always miles ahead. Martinez explained that the night of the incident was pure chaos. 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. ATF officials view Santillans public declarations about the club cleaning house as hollow words; they continue to treat the Mongols as a serious threat. First, all SWAT members serving the search warrant the evening of the incident were carrying rifles loaded with beanbag shot. 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. 247w 1 like Reply exsc3076 I am a Santillan from San Diego what up primo 26w Reply September 29, 2015 Log in Prosecutors sought to depict David Martinez as the embodiment of the battle between the Mongols Motorcycle Club and the federal government. 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. Maybe he wasnt responsible for a mans death at all. Esqueda told the family that the whole situation was a police cover-up and he was certain that they would win in court. Below the judges bench, bun-headed clerks typed furiously on their computers and in the gallery attorneys communed with anxious family members who wiped tears away with their shirtsleeves. He asked why they targeted his house. John told me that I have one year, one year, David said during the call. 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. 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 . Sullivan knew the danger of that story; he needed to unravel it to convince the jury of Martinezs innocence. She didnt know when she would get to hold Alyssa or David Jr. again. 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. Charlaine Olmedo excused the jury to admonish Sullivan for his tone. If it did there might not be a trial. While the Martinez family unraveled in the wake of the incident, the city of Pomona cried out for its fallen son. 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. I shot to protect my family. Martinez endured the stand for two days and for two days his story stayed the same. The defendant once shrouded in innocence now looked the part of a criminal drug user who might shoot a cop for bragging rights. After the courts TV screen faded to black, Sullivan asked Noyola if Martinez looked like a man who was lying in the video. His Respect Few Fear None patch meant that he assaulted a rival gang member. 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. David Martinezs cousins and uncles were forced to wait in the stark court hallway as their loved ones fate hung in the balance. 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 gun that merited his clients claim of self-defense. Mongol Anthony "Bronson" Barrera, 43, was stabbed to death and two Hells Angels - Jeramie Bell, 27, and Robert Tumelty, 50 - were shot to death. In an extraordinary move, Toby Mitchell joined his former club's main rivals last month. Until then, his job was to use his rifle to cover the window protecting the team from potential threats inside the home. Unbeknownst to him, she was recording the. He greeted members of the press by name and was followed by a swarm of clerks who carried his files. Santillan had called his wife in June 2021to beg for forgiveness. She recalled that Martinez told her that he was struggling with meth addiction three weeks prior to the incident. The Mongols are equally mystified. 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. That line of questioning was immediately buried in objections from the prosecution. But it wasnt clear that he knew he was firing at an officer. Crime Story Media LLC. Jack Garden was a robust man and a confident prosecutor. Detective Lugo attended the proceedings, paying his respects to the fallen officer. Topics Selection,Research, Editing, Correction Policy andEthics, WERE THE BANDIDOS MC WERE DIRECTLY INVOLVED IN THIS HEINOUSACT, Two Solano County members of the Hell Angels Motorcycle Club have been arraigned in a federal courtroom inSacramento, Ep 936 Hells Angels A violent price to pay **FULLAUDIO**, Ep 936 Pagans Motorcycle Club Causing Panic in Missouri **FULL AUDIOEPISODE**, Pagans Motorcycle Club Causing Panic in Missouri**Video**, IS THE HARLEY SPORTSTER CONSIDERED A GIRLS MOTORCYCLE**VIDEO**, testified that her husband has never been a confidential informant, HERE'S THE TRUTH ABOUT UNCLE SHAGGY & THE INVADERS MC, Pagans Motorcycle Club Causing Panic in Missouri, https://insanethrottleinternational.files.wordpress.com/2021/01/discord-commercial-harley.mp3, https://insanethrottleinternational.files.wordpress.com/2020/09/motorcyclemadhousemayhempromo.mp3. At a young age, Diamond passed up opportunities to go to college to become an officer and provide for his daughter, Margo. If Moss message had been heard, then the SWAT team may have waited for Arturo to open the door. Despite the defenses victory, David Martinez remains in jail. Then he took his questions one step further. Martinez told the jury that after the dust settled, he was confused because his parents were so adamant that the officers shot their own man. The air buzzed with the hushed tones of dozens of different conversations each regarding a different case. One of those residences was the home of David Martinez. Over six thousand police officers, government officials and members of the public attended Shaun Diamonds funeral which was held at an arena in Ontario. In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). Is that right? Sandra hesitated, delicate in her response. It was a colossal task for Sullivan who was, by his own admission, not stellar with technology. He started to believe them because he desperately wanted it to be true. Thats why he thought it was the Mongols at his door at 3am on October 28, 2014. Perkins Operations are controversial because they can be performed without reading the defendant their Miranda Rights so long as the defendant hasnt been arraigned. "How do you regulate that?" I think there might be informants. Noyola was pissed. From his vantage point he could see into the house through the living room window. Sullivans past frustration with Martinez dissipated. 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. It was fear of repercussions that kept him in the Mongols grasp. In the shadowy halls, he was attacked with a shank and sustained a gash to his arm. On one side of the door, a police officer was killed. Incensed by Sullivans refusal to accept their narrative, David and the Martinez family turned their back on the public defender. The lawyer appeared to be a Godsend. apply. 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. The ultimate implications for society are paramount here, he said. 1,120 following. As a subscriber, you have 10 gift articles to give each month. While Martinezs parents maintained that their son didnt shoot the fallen officer they both testified that they heard the police announce themselves on the night of the incident. Sullivan shut his laptop and gave Martinez a nod. Mongols MC Chief Little Dave Santillan Was Not A Snitch 5 months ago Scott Burnstein You are unauthorized to view this page. . **** IMPORTANT**** Check out the totally redesigned app!! Jim Moss told the jury that the scene was chaotic. The Judge overseeing this case is WALLA, NORI. Ex-ATF agent denies Mongol was an informant 2022-07-23 - By Sean Emery semery@scng.com . This case was filed in Los Angeles County Superior Courts with Walla Nori A presiding. Im sorry. He pelted Martinez with questions poised to slip him up. But Sullivan knew that the jury would judge more than the seconds and the shot. If prosecutors had decided to eschew the death penalty, that meant they had doubts. The extent of the trauma was indescribable, even for Moss, who had been a rescue paramedic for 14 years. 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. Now Sullivan and Martinez would have to account for each of those moments. 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. Sullivan forged ahead in his defense of David Martinez. Still, Sullivan knew that in order to convince the jurors he had to give them something as close to that fictional record as possible. 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. The gun that Martinez saw that made him fear for his life. Sullivan had nearly all the pieces of a winning case. The brutal injury killed him a few hours later. He promised he'd put his infidelities behind him, get sober and be a better father. The California motorcycle group had claimed that its former president, David Santillan, was a government informant. 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. It was the summer of 2019, and David Martinez was on trial for the murder of Pomona Police Officer Sean Diamond. 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