In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). The Judge overseeing this case is WALLA, NORI. During the call, David, who was drunk and despondent at the time, begged for her forgiveness and said that he planned to get treatment for his drug and alcohol addictions. 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 . The lawyer appeared to be a Godsend. So she sent the recording along with a text message to two members of the Mongols, explaining that her husband has been working with the government. She explained, In other words, he is a rat.. 247w 1 like Reply exsc3076 I am a Santillan from San Diego what up primo 26w Reply September 29, 2015 Log in Now Sullivan and Martinez would have to account for each of those moments. Morale was high. He didnt know it was the police didnt see them and didnt hear them. 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. 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. agent. It had taken weeks for the prosecutors to paint David Martinez as a hardened gang member but now the portrait was vivid. The government has filed a separate appeal on that issue, seeking a narrower forfeiture order that would take away the clubs right to trademark exclusivity over the logo. This was a potential capital punishment case. Sullivan called other witnesses, including neighbors who didnt hear the police announce and friends of David Martinez who attested to his character. John told me that I have one year, one year, David said during the call. The rest of the SWAT team searched the home. 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 Martinez watched the ambulance leave from the back of a cop car. 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. 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. Second, police found a shotgun slug casing inside the Martinez living room, meaning that the shot that killed Shaun Diamond was fired from inside the house. 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. The explosive allegations come after a secretly recorded video. On the other side, a mans life changed forever. All rights reserved. But then the seas changed as Darrin Kozlowski approached the stand. 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. His confidence grew as Officer Jaime Martinez took the stand. But Sullivan asserted that amidst that storm his client had acted in self defense: he shot to protect his family. Ultimately the men arrived at an impasse. In an extraordinary move, Toby Mitchell joined his former club's main rivals last month. 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. Although Sullivan had legal clout, he wasnt one for excessive showmanship. Crime Story Weekly Newsletter Sign-up 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. This was not an act. Corrections officers heard rumors that gang members intended to kill Martinez and he was moved from his block for his safety. Most importantly, Esqueda agreed with the family that David didnt shoot Shaun Diamond; the officers death was an accident caused by friendly fire. 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. Why wasnt there an officer stationed in the backyard? On the final day of testimony, Sullivan walked into the courtroom bleary-eyed but beaming. How could David shoot a man in the back when he was standing in front of him? Evidence of that internal monologue did not exist. He greeted members of the press by name and was followed by a swarm of clerks who carried his files. 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. Martinez got quiet. 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 arguments that followed kicked off with a long procession of police in full uniform. 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. agent, but they failed to persuade a judge to grant a new trial on the racketeering and conspiracy convictions against the club. On 01/24/2008 ANNIE YUMIKO SANTILLAN filed a Family - Marriage Dissolution/Divorce lawsuit against DAVID SANTILLAN. Sullivan reassured him. In the wake of the preliminary hearing, David Martinez slowly awakened to the state of his feeble defense with Edward Esqueda. 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. Guadelupe told her son she was certain Shaun Diamond was killed by friendly fire, maybe an over-eager SWAT officer standing behind him. Diamond was shot in the back of the base of his neck with a shotgun during the service of a search warrant. His eyes flashing with something that looked like nerves. 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. 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. In the video, Santillan mentioned that the lead agent in the RICO case, John Ciccone, had protected him over the years. Of course Jaime never poked his gun into the house. If it did there might not be a trial. In addition, law enforcement was busy attempting to curb the escalating violence between the Mongols, the Hells Angels and the sport bike club, G-Zer Tribe. 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. This was not the score they were looking for. be admitted. In 2014, local Los Angeles and Riverside County officials were also concerned about the Mongols illicit activities. 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. At least when the operations are done right. Sullivan was glad to be back on the case but he was apprehensive about Martinez, given their abrasive parting. 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. At 3 am, Martinez finished his reports. 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. 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. The look in the mans eyes, the way his limbs hung, the pitch of his voice. He explained: We wanted them to know we were there monitoring.. 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. Michael Tyrone Delaney for The New York Times. 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. This is a reprise presentation of our original post on November 13 of last year. Martinez explained that the night of the incident was pure chaos. Lifting Martinezs motorcycle jacket from a cardboard evidence box, Kozlowski testified regarding every patch on the leather garment. 2,525 posts. David has been working at The Daily Aztec since 2017 and is the current Assistant News Editor. 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? "It's about honor, respect and pride," David Santillan said. Judge Charlaine Olmedo sustained nearly every objection, impeding the momentum that Sullivan gained. He challenged Richard Aguiar about his training, insinuating that Diamonds death was the result of friendly fire. If Martinez didnt hear the police announce and he didnt see them before firing the gun, then he was innocent of murder. 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