Martinez Case Continued Again

November 13, 2014

All Posts, News

Mongols patch holder David Martinez has still not entered a plea in his murder case and is still, technically, without legal representation. Martinez was in court this morning for a plea hearing. Superior Court Judge Renee F. Korn continued the hearing until December 3.

Martinez is accused of murdering Pomona Swat Officer Shaun Diamond at about four in the morning on October 28. Diamond was part of a 14 man Swat team supporting the service of a search warrant. The warrant was part of an ongoing investigation of the Mongols Motorcycle Club by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Although it was a federal investigation, the Swat team was acting under color of a state warrant. Martinez’ home was one of seven homes raided simultaneously that morning. Police have not announced if they found the gun they were seeking.

Diamond was, reportedly, shot in the back of the head by Martinez and as the case has unfolded it has been difficult to visualize how Martinez managed to do that. Also reportedly, Martinez was standing behind his parents as Swat broke in his front door. The team threw a flash bang grenade inside and two Swat officers entered the residence. Allegedly, Martinez then fired a shotgun. According to official police statements, the discharge wounded Martinez’ father in the arm, missed the Swat officers already in the house and struck Diamond, who was outside the front door in a mob of a dozen militarized police, in the back of his head. Whatever was in the shotgun round, presumably pellets, penetrated Diamond’s military style Kevlar helmet and mortally wounded him. Multiple. independent sources with knowledge of the incident and the investigation have suggested Martinez’ father was injured by shrapnel from the flash bang grenade and not by any shotgun blast.

Waiting For Mister Green

Judge Korn continued this morning’s plea hearing because the attorney currently advising Martinez, a Pasadena lawyer named Tom R. Medrano, has not yet worked out a fee payment agreement with Martinez. Korn told Medrano she would appoint a public defender for Martinez at the December hearing if the two had not worked out the money details by then.

The Mongols Motorcycle Club is probably not in a position to pay for Martinez defense. In previous federal cases against the Mongols and other motorcycle clubs, federal investigators have characterized legal defense funds as “racketeering acts” that prove motorcycle clubs are criminal conspiracies. Preventing motorcycle club members from paying for a competent legal defense is a long standing tactic used by prosecutors to prevent club members from getting a fair trial.

Such unethical tactics are not limited to the Mongols. One reason why influential Hells Angels David Burgess was singled out for prosecution was Burgess’ prosperity and his generosity.

Additionally, the Mongols are currently involved in an expensive federal law suit in a case titled United States versus Mongols Nation Motorcycle Club, LLC. In that case the Department of Justice intends to seize the club’s collective membership marks. The government’s theory is that the club as a whole is a criminal organization; that motorcycle club names, club patches and other symbols intimidate the public at large; and that intimidation is integral to motorcycle clubs’ assumed criminality.

Eating Now

After his arrest, Martinez was held in cruel and illegal conditions that seemed intended to coerce him into confessing to a crime he did not commit. He was kept virtually naked and he was not fed. A source with knowledge of Martinez incarceration said the accused man is now being clothed and fed.

At Martinez’ initial court appearance two weeks ago, Medrano complained that he had not seen any of the evidence against his client. There was no indication at this morning’s hearing that Medrano has seen any of that evidence yet.

Martinez has also been charged with being a member of a criminal street gang and of unspecified “weapons charges.” The “weapons charges” may be intended to provide a way to charge Martinez with murder even if Diamond was shot by another Swat officer. Under California’s Felony Murder Rule, a defendant may be charged with murder if he is engaged in a felonious act while someone dies.

It doesn’t seem likely to happen but it is possible that Martinez could legally be charged with murder if he illegally possessed or discharged a gun during the raid, even though Swat had just broken in his door in the middle of the night and even if in the confusion of the raid another cop shot Diamond.

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32 Responses to “Martinez Case Continued Again”

  1. Dasein Says:

    Rebel, Thanks for the explanation.

  2. Shovelhead Says:


    “Fuck you Welk. Fuck you too, Ciccone. I have been told you were disappointed in the verdict. Please manage to get yourself eaten by a shark.”

    That’s funny!! Good idea too, lets toss a bunch of donuts in the ocean, maybe we can get a whole bunch of Pigs eaten by sharks.

  3. Rebel Says:

    Dear Dasein,

    Martinez had multiple attorneys and after more than four years he beat the big charge. Yes Martinez fired a gun. They bagged his hands. It is also possible that the residue showed up because he had fired a gun earlier that day or because the gun he held that night was dirty. Diamond died from injuries from a shotgun slug fired from a smooth bore shotgun. What ballistics?

    Martinez was in his own home and if he fired he probably fired what was intended to be a warning shot. Whether Diamond died from the shot Martinez fired or friendly fire has been the subject of debate the whole time. I think Diamond was a casualty of friendly fire.

    Because I was trying to agree with his attorney, I did testify that during Mongol Nation that I believed he fired the fatal shot. I did not intend to disagree with his lawyer. I did actively consult on the case, under seal, from May 2018 through the week before trial. I did not testify at that trial. Martinez’ lawyer, Brady Sullivan, thinks Martinez fired the fatal shot and that he was justified in doing so.

    I always thought the case was a stupid, malicious prosecution. Welk tried to discredit me because I called Diamond a “Swat Thug.” Fuck you Welk. Fuck you too, Ciccone. I have been told you were disappointed in the verdict. Please manage to get yourself eaten by a shark.

    Your pal,

  4. Dasein Says:

    “It doesn’t seem likely to happen but it is possible that Martinez could legally be charged with murder if he illegally possessed or discharged a gun during the raid, even though Swat had just broken in his door in the middle of the night and even if in the confusion of the raid another cop shot Diamond.”
    Doesn’t appear this was the eventual basis of the charge, but instead that Martinez himself supposedly fired the fatal shot. A simple ballistics test would reveal whether that shot came from a shotgun, as allegedly fired by Martinez, or from SWAT ammo. Was there such a test? If not, just like the (still?) sealed autopsy report, it suggests the gov’t. doesn’t want to introduce ANY evidence of (potential) friendly fire. Why didn’t the defense demand that report? Was the Game settled at that moment, the shooting, where it was decided simply to frame Martinez instead, as the actual shooter? As others here have suggested, if Mr. Martinez had been DIRECTLY responsible, it’s unlikely he, at least, of anyone in that room, would’ve survived. Also, the prosecution must know what the cops know.

  5. Mike 184 Says:

    @ Ron, that is just an uneducated, sheepish prayer. There are hundreds of instances of where the police have gunned down innocent victims….

    This is the part that I can’t stand:
    The Sheriff’s Department initially claimed that Guerena had fired on officers; at least three of the SWAT members including the team commander reported in their post-operation debriefings that they had observed muzzle flashes aimed at them from inside the house.[5] After an examination of the rifle Guerena allegedly pointed at the officers however, it was determined that the rifle had not been fired; the safety was still engaged.

  6. Ron Burgundy Says:

    Don’t commit illegal acts and the cops will stay clear of you, Nuff said!!!!

  7. RtC Says:

    @ VAGO 1%er, IMAGINE THAT, huh? I like the Assemblyman-Barron’s
    statement “You think Ferguson was bad…keep killing us here and getting
    away with it…” Damn straight! I just keep being thankful I live where I
    do. FTP FTG & BIG FTUOcunts!

    RESPECTS for the REAL

  8. Bill Says:

    Speaking of cops:

    Since he’s apparently “gay”, it’s probably politically unwise to pursue prosecution. I’m betting he’s now in line for a compensatory appointment to the secret service.

    “What would you do if a police officer pulled you over for a traffic stop and exposed his private parts to you when he came up to your vehicle? Well, this actually has been happening in New Jersey…

    A Newton police officer was arrested Monday on accusations that he unzipped his pants and exposed himself to young male drivers during “numerous” traffic stops.

    Jason R. Miller, 37, of Hampton Township, a patrolman since 2001, turned himself in at the Sussex County Prosecutor’s Office and has been indefinitely suspended without pay pending the outcome of the criminal case, according to a statement issued by Sussex County Prosecutor Francis Koch and Newton Police Chief Michael Richards.

    Miller was charged with two counts of official misconduct, one count of a pattern of official misconduct and one count of lewdness, the statement said.

    Miller would expose his genitals to motorists “to satisfy his prurient interests” and then let them leave without issuing traffic summonses, according to a police complaint.

  9. VAGO 1%er Says:

    Hey, what do you know? another accidental cop shooting while trying to open a door!

  10. Eochaidh MacDhalaigh OghaChruithne Says:

    I live at 1312 West Market Street, Silver City, New Mexico 88061-4047. Cops lie.

  11. popeye Says:

    The patriot act was passed as an essential tool in the war on terror. One of the more controversial provisions is the sneak and peek power for feds. It allows the feds to conduct searches without informing the target of the search. We were assured before it passed it would only be used against terrorism. Since its been passed the number of sneak and peeks has grown from 16 per year to around 11,000.
    Out of the 3,970 total requests from October 1, 2009 to September 30, 2010, 3,034 were for narcotics cases and only 37 for terrorism cases (about .9%). Since then, the numbers get worse. The 2011 report reveals a total of 6,775 requests. 5,093 were used for drugs, while only 31 (or .5%) were used for terrorism cases. The 2012 report follows a similar pattern: Only .6%, or 58 requests, dealt with terrorism cases. The 2013 report confirms the incredibly low numbers. Out of 11,129 reports only 51, or .5%, of requests were used for terrorism. The majority of requests were overwhelmingly for narcotics cases, which tapped out at 9,401 requests.
    The senate is about to secretly reautherize the patriot act.

  12. dirk diggler Says:

    Money before justice is pretty fucked up. I guess just the way it is.

    Good luck, Mr. Martinez

  13. SYLM Says:

    We’re praying for you Mongol Martinez


  14. popeye Says:

    He has a good lawyer who has worked for other Mongols before. He’s gotten quite a few murder chages outright dimissed. I think he’ll have a field day with this case

  15. BMW Says:

    The real reason they haven’t turned over the evidence yet is because they have not finished manufacturing the evidence. I would like to see Martinez’s lawyer subpoena the telephone logs from the people who are supposed to be “investigating”. I’ll bet there are a lot of strange calls as they look for help constructing a theory of the case and manufacturing the evidence they would need to win it.


  16. 2old2ride Says:

    The more I read the more questions I have.

  17. Paladin Says:

    The truth & TheOne,

    I had based my comment and inquiry on Rebel’s article. If Mr. Martinez has secured the services of an attorney, that’s good news.

    Long May You both Ride,


  18. The truth Says:

    Mr.Martinez has a lawyer,he has not been able to enter a plea because they have not been given anything regarding the case..Mr.Martinez lawyer has made it clear the shot that killed officer Diamond did not come from the LEGAL Shotgun Martinez was allegedly in possesion of..The injury Martinez father recieved was from something other then a gun blast.

  19. Paladin Says:


    The judge continued Mr. Martinez’ arraignment in order for Mr. Martinez to try and work out a payment schedule with his prospective attorney. If Mr. Martinez is unsuccessful in his payment negotiations, a PD will likely be assigned to him on his next court date.

    A while back, I worked with an outstanding PD, on a case that involved some very suspicious evidence. I inquired about the possibility of lining up this particular PD with Mr. Martinez. I was told that PDs are assigned based on the Court the accused is arraigned at and other factors that make it more “luck of the draw” than anything else.

    Long May You Ride,


  20. Sieg Says:

    Listening to Enemy Radio this morning (NPR) to get the latest comint from the other side…they were talking about “what’s going to happen in Fergfuson”. And they are worried about it.

    But they aren’t worried about what’s gonna happen in Pomona. Cause guess what? NOT A FUCKING THING is gon happen in Pomona, but in Ferguson? Man, you got them Black folk out there with guns n machetes n shit, ready to do some violence.

    Now, I’m out of touch with what the youngsters in the sets are doing, but I still know some people who know some people who know some folk, and what they tell me is that there is a truce on in and around Ferguson, no hassles being pursued, and no strikes on anyone representing there.

    Did you catch that?

    The Black gangbangers can call a truce, and get all their members to work together to fight what they perceive as an attack on their collective interests.

    Maybe these boys are smarter than all the MC’s put together.

    Or maybe there should be a National Watdafuk Day, or a National Ride Against Federally Fabricated Crimes. You’d think that if a bunch of semi-literate ghetto-dwellers could put aside their beefs, then we-Patches, and scooter-trash in general-could put aside our differences to maybe fight back a little. Before we’re all in the camps.

    One day a year. Packs riding every major x-way in every major town. Slow. Tie it all up for the day, shut it down. Buy a beater for $50 or $100, drive it out behind the pack and kill it. Pull the wheels, get a few, make it fun.

    Or shit, I dunno…just keep bitching and taking potshots at each other whenever we can.



  21. Dirk Diggler Says:,2817,2472148,00.asp

    Report: Feds Spying on U.S. Cell Phones Via Planes

  22. Jim666 Says:

    Im not up on how shit goes down in Cal. courts,
    but here in Va. they have to give you arraignment w/in 72 hours and allow you to speak w/ your lawyer w/in another certain amount of time “cant remember how long,”
    But they have by law to abide by the stated time.
    This is just from what I understand, I might be wrong.

    Although there are a couple lawyers on this board that would know.


  23. John Deaux Says:

    Just when you think things have got to get better more shit comes around.
    Best wishes and much luck Mongol Martinez on getting the facts out and regaining your freedom.

  24. CN Says:

    Mainstream America loves her Big Bad Machines, always has. Tanks, Firetrucks, SWAT Vehicles and Motorcycles are a regular part of small town and big City American Holiday Parades. Firehouses and Police Stations keep their big bad machines shiny and clean and trot them out to our primary through high schools and county Fairs where curious children and adults get to sit inside and fantasize being in uniform and being brave. It happens on any given weekend somewhere in America. Mainstream America worships it’s Military, Law Enforcement and Fire Fighters and gladly pays higher taxes while giving up more and more Freedom and Liberty to have more of them, the bigger the better!

    When Mainstream America isn’t preoccupied with the worship of her “Heroes” in harm’s way she is now about the business of being “Crime Stoppers”. “See something – Say something, Report DUI. Dial *HP”. America’s Most Wanted and Cops are highly rated never ending TV indoctrination into the an insipid insidious gradual brain washing most Americans feel really good about that makes them feel safe and helps them to sleep safe and secure in the “knowledge” that tonight and every night, out there somewhere, men in black uniforms operate large heavy equipment moving silently into the nests of criminality, the “good guys” always win. Sure they make mistakes and “sometimes” the good guys get it wrong, hey nobody’s perfect but for the most part they “put their lives on the line” every time they put on that uniform, kiss their Wife and kids and go into that deep dark night for you and me never knowing if they will see their loved ones again all to serve and protect a populous, that ungrateful horde. Just imagine what courage it takes to pull a car over on a dark country road not knowing what’s going to happen next, wow!

    Now some of you (and me for that matter) may be crying “Bullshit”! The problem is the key word there is “some”. And, until “some” becomes “most”, the parades and County Fairs will continue to propagate the big lie and the men in black uniforms will get away with shooting each other and blaming it on us. Provided it’s confined to an isolated segment of society like Motorcycle Clubs (you know, “the bad guys”), ain’t nobody gonna’ give a rat’s ass regardless of how many toys for tots runs we sponsor. Maybe, just maybe, it’s time we went back to being what we were before we thought that PR would make any difference.

  25. panamaa Says:

    Fucking “racketeering acts” …… If they can’t get you coming, they get you going….

    The best of luck to Mr.Martinez, his family and his Brothers…

  26. popshd Says:

    So does any one know if there was shot gun pellets or pieces of metal from the flash bang
    Grenade that struck mr.martinez father

  27. nowhereman Says:

    Righteousness is a term that is long lost on the imbeciles inhabiting this land. The current state of this country is fucking sickening when you think about where we came from and why our forefathers even came here in the first place. If I recall correctly religious freedom and freedom from an obtrusive and oppressive government were at the very core of their motivation. Are we not men? It would seem as though; no, in their eyes, we are not. We are now all slaves to a system so intricate that there is no realization much less escaping. What do we own? The clothes on our backs and our self respect and that’s about it. Everything else you pay taxes on. Pay cash for a house outright and pay taxes on it til you die. If you don’t grow your own food you are eating some shit that some evil mother fucker somewhere figured out some chemical to put in it that will slowly take the life from you. Shit even if you grow your own food the seeds are genetically modified with some horse shit that will weaken you somehow whether mentally or physically. There’s fucking soy in EVERYTHING now. Why is that? Because it increases estrogen production in men causing their natural man essence to dwindle. They’re not worried about ISIS, they WERE worried about Americans coming out of their gluttonous stupor and remembering who we are and where we came from. But that threat is long gone.

    Deceptive, evil, soulless, vile beings have taken what was once pure and infected it with a “vaccine” of sorts that is slowly killing off a way of life that once lost, will never have the ability to be resurrected. I’m not talking about the MC OR 1%ER lifestyle; even though that is as much a part of it as apple pie or baseball. No, the glorious way of the warrior I speak of is an American dream that has become impregnated by demons of the highest order creating an abominable American night terror that the sleeping zombies of this land can neither wake from or even comprehend that it is indeed reality.

    Sorry about the length of this post but not the content. It’s late and I just finished a 17 hour day. So my mind is prone to weary wandering at this point.

    I pray to the Biblical God that this country was founded on that David Martinez will see the only outcome that represents true justice which would be all charges dropped and some type of rectification for the un-American gestapo tactic bullshit he is going through. You are not alone.

  28. Anonymous Says:

    Cops can invade your property, shoot each other, and blame it on you. This is straight bullshit no matter how you slice it.

  29. Ol'LadyRider Says:

    I’m very glad to know Mr. Martinez is finally being fed and clothed. The rest of this situation remains as it began: cruel and unusual.

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