Is that right? Sandra hesitated, delicate in her response. And he pulled his trigger. He called Officer Noyola to the stand and asked him the purpose of the Perkins Operation. Martinez was exhausted, and distraught but he was clear headed enough to know one thing. He is a transfer student from Palomar College, where he worked as an arts & culture writer for The Telescope, Palomar's on-campus newspaper. The tapes were garbled and filled with overlapping discussions that would have to be meticulously picked apart. Before moving to Annie's current city of Temple City, CA, Annie lived in San Gabriel CA and Arcadia CA. 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. He used gang slang, talked about tattoos and encouraged Martinez to talk about the Mongols. But first he would have to convince the judge to admit the recordings in court a ruling she had waffled on during pretrial motions. In order to defend their area and protect the club's reputation, the Mongols are known to perpetrate violent acts such as assault, intimidation, and murder on a regular basis. When Sullivan addressed the jury it was not with brute strength but with passion and vulnerability. 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. Noyla dodged the question Theres no way to tell, he said. 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. From his vantage point he could see into the house through the living room window. 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. But experts like Leo Noyola stand by the procedures, claiming they are highly effective. Crime Story Weekly Newsletter Sign-up How could David shoot a man in the back when he was standing in front of him? Sullivan called Noyola back to the stand and played the edited tapes. 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. David was ready to accept that he shot Shaun Diamond. Martinez saw his father, Arturo, by the door. Jaime Martinez admitted to pointing his gun at the door. 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. Garden returned a smile and led Noyola down an alternate road insinuating that Martinez was putting on a show. David Martinez watched the ambulance leave from the back of a cop car. Other names that David uses includes Davis R Santillan, David R Santillan and David Santillian. It seemed possible that his parents were right. Santillan's wife, Annie Santillan, told ABC7 that she recorded their conversation because the couple had become estranged due to his infidelity. The ultimate implications for society are paramount here, he said. 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. The brutal injury killed him a few hours later. On the contrary, he expressed concern for the officer who was shot and remorse for the tragedy that had occured. 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. 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. 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 In 2011 he was suspended by the State Bar for 90 days after misusing a client trust account for over $85,000 in personal and business expenses. 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. 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. 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. Sullivans cross examination of Moss was a victory, but Sullivan wasnt slowing down. "How do you regulate that?" 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 president of the notorious Mongols motorcycle club promised he'd put his infidelities behind him, get sober. But he still had a pulse albeit a weak one. Outside, Shaun Diamond fell to the ground, blood spilling from his head onto the porch. Jim Moss told the jury that the scene was chaotic. He pelted Martinez with questions poised to slip him up. 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. He worried about his kids. 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. Evidence of that internal monologue did not exist. After two hours Martinez turned to Noyola and said, Im not sayin nothin. Continuances and motions pushed the trial further into the distance. But it all felt inconsequential compared to the content on the tapes. Upon reaching the Martinez home, several officers rammed the padlocked gate that led to the backyard of the property while others announced their presence and approached the front porch. The stakes of the operation had now dramatically increased. Sullivan had nearly all the pieces of a winning case. A jury ordered the forfeiture, but Judge Carter reversed the order, concluding that it infringed on the groups constitutional rights. Garden paced by the jury box and inquired about the night of Officer Diamonds death. Her responses were tearful and often terse, prompting the court to allow Jack Garden to treat her as a hostile witness. Hands restrained in cold metal cuffs, he fought the overwhelming panic bred by helplessness in the face of crisis. 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. Diamonds airway had no recognizable anatomy, only bloodied carnage. 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. On the final day of testimony, Sullivan walked into the courtroom bleary-eyed but beaming. The SWAT team invaded the home in full force rifles raised. Martinez got quiet. 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. Santillan had called his wife in June 2021to beg for forgiveness. 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. The mother chapter had a total of 15 members. The path to the location was marked by flags at half mast, barely fluttering in the lukewarm autumn air. Mongols MC Chief Little Dave Santillan Was Not A Snitch 5 months ago Scott Burnstein You are unauthorized to view this page. Inside the door on the evening of October 28, 2014, thirty-six-year-old termite inspector David Martinez was working on inspection reports in the study. All three elements of evidence would be critical during trial as they included exculpatory statements from David Martinez. Later, he gave his kidney to save his son, Kellys life when he was in need of a transplant. Blustering with frustration he told the court Theres not one scintilla of evidence that David Martinez shot Shaun Diamond.. Ex-ATF agent denies Mongol was an informant 2022-07-23 - By Sean Emery semery@scng.com . "I assumed it was going to be her, so we videotaped," Annie told the station. The extent of the trauma was indescribable, even for Moss, who had been a rescue paramedic for 14 years. 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. 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. Ethan Tate, Meghann M. Cuniff and Lauren Herstik contributed reporting. Now it was up to Sullivan to make a final plea to the jury that could save his client from life in prison. He believed Shaun Diamonds death was never his fault. 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 clock was ticking. After his arraignment, the court referred Martinez to the public defenders office which appointed Brady Sullivan as his counsel. Garden proceeded to display twenty-six articles of evidence taken from Sandra and David Martinezs bedroom: plaques, party fliers, vests, belts, and T-shirts. David Santillan We found 71 records for David Santillan in CA, AZ and 18 other states. He told the undercover officers that he assumed it was the Mongols when he heard the banging. He started to believe them because he desperately wanted it to be true. Awoken by the deafening discord, ten-year-old David Jr. ran out of his bedroom in his pajamas. On the stand, Mr. Santillan called the claims about his daily meetings with Mr. Ciccone an absolute lie. (He acknowledged encountering Mr. Ciccone by chance at a Starbucks near the courthouse once during the trial.). Later in the morning, Detective Lugo received a somber phone call: Officer Shaun Diamond was dead. David might not have heard the police announce themselves at all. She added that she didnt understand what David was talking about in relation to Ciccone. The drugs and the partying had gotten old. 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. You can now listen to full episodes of the podcast right from the app. Martinez had ample warning that the police were at his door. In 2014, prosecutors even attempted to strip the Mongols of their trademarked logo (a Genghis Khan-like figure wearing sunglasses and riding a motorcycle). It was supposed to be a warning shot. The judge found sufficient cause to move forward with the trial. The SWAT team had been issued a knock warrant meaning that they had to clearly announce themselves before entering the premises. Then he took his questions one step further. 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.. The good guys had fought the bad guys and the bad had left a bloody mark. It is now scheduled to begin in January of 2021. If Martinez didnt hear the police announce and he didnt see them before firing the gun, then he was innocent of murder. The judicial horizon ever retreating, always miles ahead. And the flowers of spring. Martinez aimed his shotgun. Their evidence contained several details that fundamentally shaped his understanding of the case. The Martinez family was also present, seated in the left side of the gallery. Diamond was shot in the back of the base of his neck with a shotgun during the service of a search warrant. A former ATF agent denied during courtroom testimony Friday that a now-deposed leader of the notorious Mongols Motorcycle Club served as a secret source of information for the government during a lengthy legal battle over whether the outlaw . The arguments that followed kicked off with a long procession of police in full uniform. Upon arriving at the jail Noyola worked on Martinez in the holding cell. Arturo Martinez grabbed his arm and screamed, they shot me! But Sullivan knew that the jury would judge more than the seconds and the shot. 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. Jack Garden was a robust man and a confident prosecutor. 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. 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. 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. 13.6k Followers, 1,120 Following, 2,525 Posts - See Instagram photos and videos from Annie Yumiko Santillan (@anniesbailbonds) anniesbailbonds. The look in the mans eyes, the way his limbs hung, the pitch of his voice. Most importantly, Esqueda agreed with the family that David didnt shoot Shaun Diamond; the officers death was an accident caused by friendly fire. Despite the defenses victory, David Martinez remains in jail. He was forceful in his statements, never wavering in voice or message: the embodiment of the strength and resolve of the law. 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. Martinez would be arraigned and assigned counsel in the next 24 hours, at which point they could no longer enact a Perkins operation. You shot to kill that day. Martinez stood firm. I think there might be informants. Noyola was pissed. They would judge David Martinez as a person. Then Sullivan focused on what Moss saw during the operation. Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF.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.Eyewitness News has obtained the video that was recorded in June of 2021 when David Santillan was drunk and despondent. Upon each stop they gained a new inmate, an undercover agent wearing a body wire. The Mongols MC will not get a second chance to clear itself of federal racketeering charges after a judge last week denied its request for a new trial. The Judge overseeing this case is WALLA, NORI. This is a reprise presentation of our original post on November 13 of last year. 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. Black Dragon's Sunday Night Round Table discusses Insane Throttle's live interview with former Mongol's MC Nation's International President Lil' Dave. One of those residences was the home of David Martinez. The only illicit material found was a small baggie of meth and one stolen firearm. That line of questioning was immediately buried in objections from the prosecution. The rocker and back patch meant Martinez was a full member. Sullivan had now identified the gun that was pointed at the door. Corrections officers heard rumors that gang members intended to kill Martinez and he was moved from his block for his safety. In the fall of 2017 David Martinez fired Edward Esqueda a man he would later call a liar who doesnt deserve to be called an attorney and the court reappointed Brady Sullivan as counsel. We all know there are two sides to every story. 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. These registrations are something that need to be examined by the circuit, maybe the Supreme Court.. Because I needed evidence to show the military that they had someone having an affair with a married man.. Incensed by Sullivans refusal to accept their narrative, David and the Martinez family turned their back on the public defender. But Sandras one word answers and defiant attitude didnt deter the prosecution. Sullivans past frustration with Martinez dissipated. 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. Thats why he thought it was the Mongols at his door at 3am on October 28, 2014. As the Mongols continued to talk, Martinez overheard a familiar voice echoing through the air vent. Case Details Case Number GD042186 Track Case Changes Filing Date January 24, 2008 Last Refreshed Past the crisp leaves of autumn. Ultimately the men arrived at an impasse. Jaime Martinez casually responded, Yes, I pointed my weapon into the house. Garden quickly reoriented the question. Disappointed by the courts rulings, Sullivan remained resolute, diving head-first into developing his defense. As a subscriber, you have 10 gift articles to give each month. Diamonds team was tasked with serving a search warrant to a house inhabited by David Martinez, an alleged member of the Mongols Motorcycle Club. 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. As the details of the horrific incident swarmed in Davids mind he faced another nightmare in his living situation. 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. Over six thousand police officers, government officials and members of the public attended Shaun Diamonds funeral which was held at an arena in Ontario. Jack Garden called Sandra Roman to the stand. 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. Medics swarmed the porch. She informed him that his father was doing well after having surgery to repair the bullet wound on his arm. Its the wooden front door of the Martinez residence in San Gabriel, California. David Santillan, the longtime president of the Mongols until he was ousted by members last year, says he was among those who decided to bring the Mongols to Chicago. 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. I thought that was all over and done with. Blake took his aim. 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 judge read the official charges brought against him: capital murder with the special circumstance of murder of a police offier engaged in his duties. 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.. The rest of the SWAT team searched the home. Each of the officers was a new battle for Sullivan, another opportunity for him to unravel the prosecutions narrative. Annie Yumiko Santillan is on Facebook. After his incarceration, Mongols Club members voted for his removal from office in 2008. For four hours David watched the SWAT team ransack his familys home. All the evidence had been presented. Jack Garden was quick to point out that the SWAT team only used beanbag shot. On the day of the hearing, Esqueda took charge in the courtroom with practiced bravado. Judge Charlaine Olmedo sustained nearly every objection, impeding the momentum that Sullivan gained. We use a combination of modeling, theory, and numerical simulations to study the dynamics and properties of flows involving a microstructure (such as particles . No rifles were pointed at the doorway. agent, but they failed to persuade a judge to grant a new trial on the racketeering and conspiracy convictions against the club. During all that time, the threat of the death penalty hung above Martinezs head keeping him up at night. Martinez explained that the night of the incident was pure chaos. This man took full responsibility for shooting a police officer. Our research into th e events leading to the raid on David Martinezs home offered us valuable context for what drove the prosecutions strategy in pursuing this case. To them, this whole trial was founded on a fabrication by the police. At least when the operations are done right. If the chaos of the scene really was the perfect storm then Jim Moss testimony was evidence of the thunder and the lightning. But it wasnt clear that he knew he was firing at an officer. Sullivan was glad to be back on the case but he was apprehensive about Martinez, given their abrasive parting. Sullivan forged ahead in his defense of David Martinez. Detective Lugo attended the proceedings, paying his respects to the fallen officer. Beanbag shot would not cleanly go through Shaun Diamonds neck. Diamond was known as a devoted officer and a family man. Mongol's international President Dave "Lil Dave" Santillan said his club did not come to New Jersey to stir up trouble. He had to focus on the gut-wrenching task at hand: his preliminary hearing. He climbed into bed with Sandra and was just about to fall asleep when he heard a banging noise that rattled the whole house. Desperate for more incriminating statements, Lugo interrogated David Martinez, but his story didnt change. But his torture was not simply mental: Martinez was also physically assaulted and threatened. Santillans wife, Annie Santillan, told ABC7 that she recorded their conversation because the couple had become estranged due to his infidelity. They called themselves outlaws and one-percenters referring to a comment by the American Motorcyclist Association that 99% of motorcyclists were law abiding citizens, implying that one percent were not. Crime Story Media LLC. Officers loaded Martinez into a transport vehicle and made a series of stops along a circuitous route to the LA county jail. 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. He felt abandoned, waiting in Mens Central Jail as time ticked forward. The #1 Biker News Website Since 2011-Covering up to minute biker news including Outlaw Motorcycle Clubs & Biker News Worldwide. He asked why they targeted his house. 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. She admitted Martinez owned the items and that he had been involved with the brotherhood for over three years. The shooter should pay for that. Morale was high. There was a clear conclusion that Jack Garden intended for the jury to draw Diamond died a horrible, painful death. "It's about honor, respect and pride," David Santillan said. 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. Now the Mongols want a new trial and say their former president, David Santillan, was a confidential informant for the ATF. Do inmates sometimes lie because they know theyre being recorded? he asked. I dont find theres sufficient cooperation to merit overturning the conviction, Judge Carter said in a ruling from the bench. Mongol Anthony "Bronson" Barrera, 43, was stabbed to death and two Hells Angels - Jeramie Bell, 27, and Robert Tumelty, 50 - were shot to death. The case status is Pending - Other Pending. Early in the morning David was taken to the Montebello police station where he was placed in a stark holding tank with several other Mongols. 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 . The interactions are recorded on audio and video surveillance and their use is admissible in a court of law. Now Sullivan and Martinez would have to account for each of those moments. David Santillan informants Mongols Motorcycle Club racketeering U.S. District Judge David O. 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