David Martinez, the Mongols Motorcycle Club patch holder who was arrested on October 28, 2014 for shooting Pomona, California Swat officer Shaun Diamond, will have his 35th preliminary hearing on January 17, at 8:30 a.m., in Room 105 of the Clara Shortridge Foltz Criminal Justice Center in Los Angeles.
After Diamond died on October 29, 2014 Martinez was charged with murder. Diamond was widely celebrated as a hero. Martinez was widely portrayed as a criminal gang member. And the case was widely described as open and shut.
Diamond, who was wearing body armor and a military style helmet, was shot in the back of the neck as police broke open the door to the Martinez’ family home at four of the morning after cursorily announcing their presence. The raid on Martinez’ home was one of seven simultaneous raids undertaken to substantiate an ongoing investigation of the Mongols by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Fourteen officers participated in the raid on Martinez’ home.
Police allege that Martinez shot Diamond with a shotgun while standing behind his mother and father. Diamond was almost certainly killed by friendly fire. At a hearing in July 2015, a medical examiner named Ogbonna Chinwah testified the fatal shot appeared to come from behind and below Diamond. Sources, speaking anonymously, told The Aging Rebel in 2014 that immediately after Diamond was shot a Swat officer standing behind Diamond exclaimed, “I’m so sorry man! I’m so sorry man! I’m so sorry man!”
At the preliminary hearing in July 2015, a Pomona Swat officer named Richard Aguiar testified that after Diamond was shot, Martinez exclaimed, “I’m sorry! I’m sorry! I thought you were the Mongols.”
Immediately after his death, Diamond was mythologized as the most wonderful of cops and other police rallied around that myth to punish the Mongols and other motorcycle clubs. Police harassed visitors at several Mongols events in retaliation for Diamond’s alleged “murder.”
Over the course of his case so far, Martinez has been represented by four different lawyers.
Martinez’ current attorney is Edward Anthony Esqueda. Attempts to speak to Esqueda have been unsuccessful.