Remembering David Martinez

January 6, 2017

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Remembering David Martinez

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.

I’m Sorry

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.”

Fallen Hero

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.

 

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27 Responses to “Remembering David Martinez”

  1. swampy Says:

    I’m still unclear if Dave Martinez ever discharged his firearm. If in fact he did NOT, shouldn’t that be at the forefront of his defense? I bought a new model 37 in ’81, extension tube and rifle type sites. It did NOT have trigger disconnect – swapped it for an older 1100.

  2. Hey there Says:

    Rebel i seen his blood brother if u can reach him he has lots of info. Also that nothing came back on his hands from the allege shooting. No residue nothing. That even lapd in jail are treating him better because they know the truth….. From what i heard even Atf dropped case left to lapd now cause truth is gonna come out….Is that part true?

  3. Angry White American Says:

    @ Paladin
    Very good points sir.

    I hope one day soon the autopsy report will be obtained by the defense and this very sick drama will be ended.

  4. Paladin Says:

    Angry White American Says:
    January 8, 2017 at 6:24 pm
    “How likely is it the SWAT goons that raided the Martinez residence were using pre 1975 Ithica model 37’s?”

    I don’t know how likely or unlikely it might be. But, it should definitely be looked into for the following reasons: 1) When a law enforcement agency purchases firearms from a manufacture, they can be ordered in just about any configuration desired. What may be deemed by a manufacture as unsafe for civilian sales would be acceptable for sales to the military or law enforcement, due to a soldier’s / officer’s ongoing training and the purchaser’s acceptance of any liability issues that might arise.

    2) Even though shotguns are deployed in a good many agency’s gunships, they’re seldom, if ever used. As a result, they don’t wear out. Because they don’t wear out, they rarely need to be replaced.

    3) Even though there may be funds allocated in a Department’s fiscal budget, those funds are usually spent elsewhere. It’s like a deputy’s or officer’s yearly uniform allowance. Given yearly, but never spent on uniforms unless absolutely necessary.

    If I were to be working this case, I would be delving into the training records of the individual directly behind Officer Diamond in that entry stack, as well as having a look at the weapon used by that individual officer. I would also be looking at that Department’s policy on “no knock” search warrants. In general, “no knock” search warrants are issued on drug raids in order to minimize the chance of the evidence going down the drain. It’s really hard to flush a gun.

    Long May You Ride,

    Paladin

  5. Paladin Says:

    @ Seig,

    As long as I can remember, LASD has for the most part exclusively used the Ithaca, model 37. As of 2011 they were all without trigger disconnectors.

    Paladin

  6. Sieg Says:

    Paladin, most older pumps lacked a disconnector. I was always a fan of the Western Field variants for just that reason, but i kinda doubt any pd, especially a high-zoot tommy tactical swat outfit, would have anything that old.

  7. Angry White American Says:

    How likely is it the SWAT goons that raided the Martinez residence were using pre 1975 Ithica model 37’s?

  8. Paladin Says:

    @ Seig,

    Up until about 1975, a good many Ithaca, model 37s were built without trigger disconnectors and could be fired by operating the slide while keeping the trigger depressed. Model 37s configured without trigger dicconnectors were primarily marketed for military and LE use, but were readily available to civilians as well.

    Long May You Ride,

    Paladin

  9. Sieg Says:

    xplor,modern shotguns don’t fire if you rack the slide with the trigger pulled.

  10. xplor Says:

    Most likely what happened was the officer responsible for breaching the door had his finger on the trigger when racking the shotgun. He would have approached the door with no round in the chamber and the safety off. This would explain why there were no powder marks on the door.
    frangible rounds work well when you know what you are doing.

  11. Davr Says:

    NOT the first time LEO has been shot by one of their own. Happened in Tacoma some years back as swat was entering a house. Shot with MP5 9mm to the back as I recall.

  12. Paladin Says:

    Firing Brady Sullivan was and very well may be the biggest mistake David Martinez will ever make.

    Paladin

  13. Ol' KnucK Says:

    Thanks for staying with this Rebel, everyone needs to hear about this

  14. Rebel Says:

    Dear Dasein,

    Martinez has had, as far as I can tell, four different lawyers. Let’s see how I can put this. The best of them, I believe, was a public defender named Brady Sullivan. Martinez and his family had personal differences with Sullivan so they fired him and hired a private attorney. Several sources, with knowledge of the case, have told me that might have been a mistake. Okay?

    Rebel

  15. Dasein Says:

    Rebel: Can you please address this 35 prelims” matter a bit? First off, for those of us not familiar with court proceedings, a “prelim” would seem to be something that precedes something else, another stage of the proceedings, something entirely different. Unless they can’t get these “prelims” “right”, and need to repeat them, maybe once, or perhaps twice, how can they just keep happening? Why can’t this case go forward? Is it at all normal to have more than one prelim, or two, much less 35? The parallels with WACO here, though superficially unrelated, seem to involve severe manipulation of judicial proceedings, which only serves to prove, if they want to get you, even “the law”, which is already in their favor, isn’t going to stop them if it actually gets in their way. So basically, specifically here, just how “lawful” can these 35 prelims be construed to be? Shouldn’t a judge somewhere just say “holy shit”? I think the friendly fire thing here is just too large a problem for any normal outcome, and there must be a pretty big “conspiracy” behind this ongoing coverup. (not to denigrate “conspiracy” theories, at all.)
    Thanks

  16. Angry White American Says:

    I doubt the piece of shit who actually shot Diamond gives a flip about Martinez but he will bear the burden of knowing he killed one of his ‘brothers in blue’ for the rest of his life. I sincerely hope he is gut wrench tormented by that thought every day. I wonder. How have they keep him silent for so long? Money? Promotion? Blackmail? Perhaps he’s already dead?

    Then again, perhaps he is just another psychotic, murdering SWAT goon!

  17. Rebel Says:

    Dear Dasein;

    Diamond was killed by “metal fragments.” To the best of my knowledge, the autopsy report remains sealed. I haven’t seen it and nobody who will talk to me has seen it. I do not believe that Martinez fired the shot that killed Diamond. Even if he did, I think he has an excellent case for self defense.

    I wrote this slim, little piece, because I do not think that Martinez should be forgotten and I intend to try to publicize what has happened to him.

    Thirty-five goddamn prelims. Thirty-five goddamn prelims!

    Rebel

    Rebel

  18. Boots Says:

    I knew from the get go the cops screwed up big time everybody makes mistakes those officers involved know it also come on bullets come out straight and stay that way they don’t make turns you think remember actions speak louder than words

  19. popeye Says:

    Thanks for the update Rebel. Every time I hear about a swat raid gone wrong it makes me think of this case. I was wondering what had happened to Mr Martinez since his arrest. In a honorable world the cop who put a breaching round into the back of Diamonds head would come forward and admit his mistake to give both Diamonds and Martinez’s families peace. Both families could use some justice.

  20. Dasein Says:

    As Paladin says, “what caliber is the projectile that was removed from the neck / head of Diamond?” Wouldn’t that absolutely rule in, or rule out, the possibility it was Martinez’ shot? If it’s not a shotgun pellet, how can it be from Martinez? If it is, did any SWAT also have/fire a shotgun? This is just so basic this case probably could’ve been decided in 5 minutes, unless it was in fact friendly fire, which needs to be covered up, which is apparently taking some time. And also, this (bogus) opportunity to stigmatize the club, and make it so that Diamond didn’t die entirely in vain, cannot be wasted.
    Paladin’s other observation is telling in this context, “Martinez exclaimed, “I’m sorry! I’m sorry! I thought you were the Mongols,” supposedly overheard by a cop on the scene. This supposed fratricide further degrades the Mongol image, and suggests that Diamond was killed by accident (true), but by Martinez, who did fire intentionally, at other Mongols. Aside from that pesky ballistics report, this line at least has Martinez pulling the trigger on purpose, at other Mongols, no less, but still doesn’t prove he shot Diamond.
    There’s a lot of BS and misdirection going on here, including all the time and hearings. It sure doesn’t seem like a complicated case, and I can only assume that each of Martinez’ four lawyers has been told to find a way to lose, or quit the case.

  21. Nihilist Says:

    This is fucked up on so many levels. How can one have 35 preliminary hearings?? What the hell is going on here? Why is Rebel the only one staying on top of it? This is some of the most depressing news I’ve read since Ruby Ridge. Well, maybe top 3…

  22. Rebel Says:

    Dear Ronbo,

    He’s in men’s central jail. No bail.

    Rebel

  23. Bone Head Says:

    stroker Says:

    “35th Preliminary hearing”

    “…While it’s only a travesty for one person (Martinez) and his family, compared to Waco, it’s far worse for the blatant cover up of all the cops involved, and the judges et al that are perpetuating this farce…”

    Well spoken sir.

  24. stroker Says:

    “35th Preliminary hearing”

    Waco’s got nothing on El Lay when it comes to stall tactics. One can only wonder at the collective sociopathic (maybe psychopathic) mindset of all those in the courts and law enforcement in the city of angels, as they seek to divert the public’s attention from the real facts of this case. I, for one, have been following this case on rebel’s site since it was first reported. While it’s only a travesty for one person (Martinez) and his family, compared to Waco, it’s far worse for the blatant cover up of all the cops involved, and the judges et al that are perpetuating this farce. On the surface of it, the circumstances would lead any rational person to agree, it’s damn near impossible to shoot somebody in the back of the head, when you’re standing in front of them! It seems no one in that city has ANY conception of right vs wrong if a biker’s the one involved!
    Disgusting.

  25. Ronbo Says:

    Thanks Rebel, I was wonder how that case was going. Is Mr. Martinez was still being held or what. 35 Preliminary hears? What the fuck, if they have such an open and shut case lets get it on. I know, Just more pig shit ways to fuck with some one be for they are found not guilty. Thanks for all you do.

    Ronbo

  26. Sieg Says:

    The only “evidence” that will ever be seen will be that manufactured by the state. There will be just enough produced to elevate Mr. Martinez to Manson status.

    FTF/FTP
    TOSIAR

  27. Paladin Says:

    “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.”

    If the above statement isn’t a lie (which it is), it begs the question: Why would Martinez be attempting to defend himself against a club he was a member of? Also, what caliber is the projectile that was removed from the neck / head of Diamond, or is that evidence sealed along with everything else?

    Paladin

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