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. Welcome to the Saintillan Research Group! Sullivan prompted Moss to admit that after the announcements started he saw a man inside the house walk towards the door. A supervisory special agent with the A.T.F. Marital privileges did not. The coroners report showed that Diamond was shot in the back of the neck. The jury watched a distraught Martinez in the holding tank crying out in concern for his family. Garden paced by the jury box and inquired about the night of Officer Diamonds death. Three years passed and it seemed everything was the same. 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. Martinez wouldnt budge on his version of the story and Sullivan wouldnt change his strategy. Armed with exculpatory information he found in the Perkins and Montebello tapes, he believed Martinez had a strong case. In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). Now Sullivan and Martinez would have to account for each of those moments. Garden reiterated the narrative that Martinez was a gang member who saw the officers and took his shot with malice in his heart. Morale was high. The jury deliberated for five days. If Moss message had been heard, then the SWAT team may have waited for Arturo to open the door. The two shouted back and forth, relaying the events of the evening, and finding a brief solace in their companionship. 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He fired his weapon and the bullet struck a fine young officer who was just doing his job. 247w 1 like Reply exsc3076 I am a Santillan from San Diego what up primo 26w Reply September 29, 2015 Log in The case status is Pending - Other Pending. The club's name of the "Mongols" was inspired by Genghis Khan's Mongol Empire. At 3 am, Martinez finished his reports. The Martinez family was also present, seated in the left side of the gallery. It was fear of repercussions that kept him in the Mongols grasp. Court Records. By this time, Sullivan was fuming. His inquiries were effective, but they were undermined by constant objections leading, asked and answered, improper hypothetical, misstates the evidence. The rocker and back patch meant Martinez was a full member. On 01/24/2008 ANNIE YUMIKO SANTILLAN filed a Family - Marriage Dissolution/Divorce lawsuit against DAVID SANTILLAN. Cavazos subsequently plead guilty to charges of racketeering and was sentenced to 14 years in prison. Sandra emerged from her room and pulled David Jr. back to her bed. agent. But Sullivan knew that the jury would judge more than the seconds and the shot. Perkins Operations are controversial because they can be performed without reading the defendant their Miranda Rights so long as the defendant hasnt been arraigned. In a split second a shot rang out. Yes. She recounted that Martinez was hyperactive and sweating. But then the seas changed as Darrin Kozlowski approached the stand. They shot me!. But it all felt inconsequential compared to the content on the tapes. Mongols Motorcycle Club was founded in Montebello, California on December 5, 1969. I thought you were the Mongols. When Esqueda cross-examined the witnesses he floundered. He didnt know it was the police didnt see them and didnt hear them. He reminded his client that all hope was not lost. Before moving to Annie's current city of Temple City, CA, Annie lived in San Gabriel CA and Arcadia CA. At various points in each recording Martinez asserted that he didnt know it was the cops at his door and that he thought it was the Mongols. The drugs and the partying had gotten old. 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. Most importantly, Esqueda agreed with the family that David didnt shoot Shaun Diamond; the officers death was an accident caused by friendly fire. 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. 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. Thats why he thought it was the Mongols at his door at 3am on October 28, 2014. This was a massive win for David Martinez, but Sullivan knew it meant something more. They threatened to stab David should he open his mouth. Martinez explained that the night of the incident was pure chaos. John told me that I have one year, one year, David said during the call. Santillan's wife backed her husband during her testimony this week, saying she didn't know what he was talking about during the recorded phone call and denying he was a government informant.. Until then, his job was to use his rifle to cover the window protecting the team from potential threats inside the home. Jaime Martinez casually responded, Yes, I pointed my weapon into the house. Garden quickly reoriented the question. I thought that was all over and done with. The rest of the SWAT team searched the home. The room was already tense. She recalled that Martinez told her that he was struggling with meth addiction three weeks prior to the incident. 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. It is now scheduled to begin in January of 2021. 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. 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. ATF officials view Santillans public declarations about the club cleaning house as hollow words; they continue to treat the Mongols as a serious threat. He needed Martinez to state that he knew police were on his porch and that he shot his gun intending to kill. David Martinezs cousins and uncles were forced to wait in the stark court hallway as their loved ones fate hung in the balance. After his incarceration, Mongols Club members voted for his removal from office in 2008. Martinez had ample warning that the police were at his door. But it wasnt clear that he knew he was firing at an officer. I dont find theres sufficient cooperation to merit overturning the conviction, Judge Carter said in a ruling from the bench. "How do you regulate that?" On todays podcast we present, in its entirety, Mongol, our exclusive new Crime Story series written and read by Molly Miller that tells the story of the tragic killing of a police officer and the complex search for truth and justice in the aftermath of his death. Is that right? Sandra hesitated, delicate in her response. The court was packed with police officers who got there early to place reserved signs on the gallery benches for Diamonds family. Now the court would balance the scales. David Martinez struggled to contain his emotions as he watched his wife raise her right hand to take her oath. I shot to protect my family. Martinez endured the stand for two days and for two days his story stayed the same. Santillan had called his wife in June 2021to beg for forgiveness. Facebook gives people the power to share and makes the world more open and connected. Nor do I believe that there would be, quite frankly, an acquittal in a second trial., Mr. Santillan, who led the Mongols for nearly 13 years until he was voted out of the club in July of last year, vehemently denied that he had ever betrayed the group. 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 ". He told the undercover officers that he assumed it was the Mongols when he heard the banging. 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. 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. A stand out in the series of officers was Jim Moss, the SWAT paramedic who treated Shaun Diamond immediately after he was shot. Later, he gave his kidney to save his son, Kellys life when he was in need of a transplant. Best Match Powered by Whitepages Premium AGE -- David Olivar Santillan Union City, CA Aliases Davi Olivar View Full Report Addresses Ventura Way, Union City, CA It was a colossal task for Sullivan who was, by his own admission, not stellar with technology. How could David shoot a man in the back when he was standing in front of him? Diamond was known as a devoted officer and a family man. Sullivan knew the danger of that story; he needed to unravel it to convince the jury of Martinezs innocence. Because I needed evidence to show the military that they had someone having an affair with a married man.. "It's about honor, respect and pride," David Santillan said. It had all happened in seven seconds. He explained: We wanted them to know we were there monitoring.. 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 . He was broken and in shock without an ounce of bravado. Their friction fueled emotional outbursts, raised voices and impassioned arguments. On Thursday, after hearing testimony from more than a dozen witnesses, including from Mr. Santillan himself, over the past several months, Judge David O. Carter of the Federal District Court in Santa Ana, Calif., found that there was no convincing evidence of such a claim and refused to set aside racketeering and conspiracy convictions as well as a penalty of $500,000. Under Jack Gardens guiding hand, their testimonies reinforced the narrative that the SWAT team followed procedure and announced their presence at the Martinez home. But of all those cases, few if any bore the weight of the circumstances now looming over David. Sandra didnt want to testify but because she and David didnt have a marriage license, their relationship was only considered a common law marriage. This man was ready to accept the truth; he took full responsibility for shooting Shaun Diamond. He called off the operation and Martinez was taken to his cell. She didnt know when she would get to hold Alyssa or David Jr. again. Catalog; For You; Inland Valley Daily Bulletin. 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 called Officer Noyola to the stand and asked him the purpose of the Perkins Operation. Not point . A short, bald-headed man, Lugo was admired for his persistence. The mother chapter had a total of 15 members. The only illicit material found was a small baggie of meth and one stolen firearm. Instead they would be charging first-degree murder. She didnt like that the club made him pay dues and encouraged him to spend weekends partying away from his family. Crime Story Media LLC. Unable to keep Martinez in the Montebello holding cell, Noyola and Lugo spun together a Perkins operation one that would take place during Martinez transit from Montebello to the LA county jail the next day. In the past, Sandra and Martinez resided in their own house with their children. 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. Well let you guys have your fun, but keep your people in check, so to speak, he testified in June. We all know there are two sides to every story. 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. Jack Garden delivered a strong soliloquy infused with the long history of the Mongols hostility towards law enforcement. David Santillan, Assistant News Editor David is a senior at San Diego State where he is majoring in French. 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. His confidence grew as Officer Jaime Martinez took the stand. 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. It was clear to Sullivan that only one person shot a gun that night: his client, David Martinez. "I assumed it was going to be her, so we videotaped," Annie told the station. Disappointed by the courts rulings, Sullivan remained resolute, diving head-first into developing his defense. He asked why they targeted his house. Sullivan let the words hang in the air. So if the inmate says something inculpatory then its inculpatory, but if he says something exculpatory then hes a liar?!. Mongols National President David Santillan said, "We're happy. #mongolsforeverforevermongols #onassignment #biker #bikersofinstagram #portrait #mongols #mc 350w empiremarketingpro Love your post! Her responses were tearful and often terse, prompting the court to allow Jack Garden to treat her as a hostile witness. After two days, the preliminary hearing came to a conclusion. In 2021 it was revealed that David Santillan, president, had acted as a confidential informant for John Ciccone, an agent with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. It was a logical expansion but wasn't intended as a provocation against the Outlaws, the former Mongols leader says. As the dead of night gave way to dawn, Detective Ray Lugo arrived on the scene. 13.6k Followers, 1,120 Following, 2,525 Posts - See Instagram photos and videos from Annie Yumiko Santillan (@anniesbailbonds) anniesbailbonds. The president of the notorious Mongols motorcycle club promised he'd put his infidelities behind him, get sober. 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. Shocked and confused he shouted Im sorry. On the day of the hearing, Esqueda took charge in the courtroom with practiced bravado. The SWAT team invaded the home in full force rifles raised. 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 seemed possible that his parents were right. 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. He pelted Martinez with questions poised to slip him up. Why wasnt there an officer stationed in the backyard? And if they waited, maybe David wouldnt have felt the need to defend his family with his shotgun. Jack Garden was quick to point out that the SWAT team only used beanbag shot. After listening to Martinezs conversations with the Mongols, Detective Lugo was certain that Martinez shot the gun. A jury ordered the forfeiture, but Judge Carter reversed the order, concluding that it infringed on the groups constitutional rights. But the prosecution was not done sewing. Its the wooden front door of the Martinez residence in San Gabriel, California. The clock was ticking. Jack Garden tossed Jaime Martinez a question. Bearded and brawny, Kozlowski was a former ATF agent who infiltrated the Mongols from 2005- 2008, during which time he went by the moniker of Dirty Dan. He described the Mongols illegal activities in great detail as well as their hatred of law enforcement. At a young age, Diamond passed up opportunities to go to college to become an officer and provide for his daughter, Margo. They held hands and whispered prayers under their breath. Now officers feared that the Mongols were poised to retaliate. Diamond was shot in the back of the base of his neck with a shotgun during the service of a search warrant. 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. David has been working at The Daily Aztec since 2017 and is the current Assistant News Editor. It was his bullet that stuck his fathers arm and blew through the officers neck. Our research centers on the study of fundamental fluid mechanics problems involving complex fluids and complex flows, typically on small scales. The door opened to reveal the barrel of a gun pointed inside the home. 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. Their screams echoed off of concrete walls and they threw their feces at the guards. 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. As funeral proceedings carried on in Ontario, Sullivan was hard at work on Davids case, sorting through discovery sent from the DAs office. Martinez would be arraigned and assigned counsel in the next 24 hours, at which point they could no longer enact a Perkins operation. 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. Ultimately the men arrived at an impasse. 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. "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. 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. As the details of the horrific incident swarmed in Davids mind he faced another nightmare in his living situation. When it came time for Martinez to address the court, he stood before the judge in his jail-issued orange scrubs. There were pictures of Martinez in Mongols clothes and photos of David arm in arm with Mongols President, Little Dave. Sandra was cornered. On the final day of testimony, Sullivan walked into the courtroom bleary-eyed but beaming. The look in the mans eyes, the way his limbs hung, the pitch of his voice. 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. His 1% badge meant he considered himself an outlaw. Then he began speaking about the A.T.F. Then he took his questions one step further. Incensed by Sullivans refusal to accept their narrative, David and the Martinez family turned their back on the public defender. An easy no. He felt abandoned, waiting in Mens Central Jail as time ticked forward. Fundraisers were held to contribute to legal expenses, which initially amounted to $60,000 and were constantly growing with Esquedas long hours. They pooled resources and hired private attorney Edward Esqueda. agent on the case, John Ciccone, sharing inside information about the club in exchange for lighter penalties for various offenses. Now it was up to Sullivan to make a final plea to the jury that could save his client from life in prison. If it did there might not be a trial. Esqueda told the family that the whole situation was a police cover-up and he was certain that they would win in court. Sullivans cross examination of Moss was a victory, but Sullivan wasnt slowing down. The gun that merited his clients claim of self-defense. Prior to the gunshot from inside the house, did you ever poke your gun into the house? It was a softball. The good guys had fought the bad guys and the bad had left a bloody mark. Los Angeles, California (February 1, 2019) BTN - The federal government said they're a convicted criminal gang, and Hells Angels consider them enemies. Lugo immediately took hold of the situation. Officers loaded Martinez into a transport vehicle and made a series of stops along a circuitous route to the LA county jail. Annie Yumiko Santillan Should you have any questions regarding Bail please contact me at +1 (626) 898-1447 or email at anniesantillan@yahoo.com. Guadelupe told her son she was certain Shaun Diamond was killed by friendly fire, maybe an over-eager SWAT officer standing behind him. He is now reportedly planning a group bike ride known as a 'run' to announce his membership of the Mongols . Davids parents stood firm in their belief that their son never shot Shaun Diamond. 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. 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. 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