Martinez Not Guilty Of Murder

June 28, 2019

All Posts, News

Martinez Not Guilty Of Murder

This afternoon in Los Angeles, a jury found David Martinez not guilty of premeditated murder in the death of Swat officer Shaun Diamond.

Martinez, a Mongol, was arrested after a middle of the night Swat raid on his home on October 28, 2014. The aftermath has been mostly ignored.

Martinez was in his living room, standing behind his father, when Diamond was shot. Diamond had just battered the home’s front door in and was standing on the front porch. The raid on the Martinez home was one of seven simultaneous search warrant services. The warrants were served by Swat, presumably, because breaking into the home of a Mongol at four in the morning was considered more dangerous than having a couple of detective’s knock on a front door at breakfast time.

Public Defender

Martinez’ defender at trial was Public Defender Brady Sullivan. Sullivan acknowledged that Martinez shot Diamond but argued that he acted reasonably and acted in fear for his life. Martinez testified that he feared the police were members of the Mongols from whom Martinez was estranged at the time. He also testified that he aimed high to fire a warning shot and that was how his father was wounded.

Over the years, multiple attorneys and experts connected to the case have disagreed about whether Martinez shot Diamond or Diamond was a victim of friendly fire. Sullivan believes Martinez fired the fatal shot.

Deputy District Attorney Jack Garden blatantly wanted the jury to convict Martinez because he was a Mongol.

The jury could have found Martinez guilty or not guilty on three felony charges: First degree murder, manslaughter or involuntary murder. The jury agreed he was not guilty of deliberate murder but it hung on the manslaughter charges.

It is not yet clear whether the state intends to retry Martinez. As of 4 p.m. Pacific Time, Martinez remains in custody.

Share

13 Responses to “Martinez Not Guilty Of Murder”

  1. Phuquehed Says:

    It’s good news, but still sounds like his lawyer isn’t trying as hard as he should. It sounds like he’s going to try for a ‘least amount of time for the least charge’ type of thing instead of plain and simple truth that Martinez did nothing and the pigs shot one of their own and are too cowardly to admit it.

    Still hoping for the best for him and his family as this is at least a sort of start.

  2. Ronbo Says:

    OUTSTANDING ! Free Dave

  3. SB Apollo Says:

    @Dasein

    Excellent analysis

  4. Aanon Says:

    Finally some good news. Someone is already planning the welcome home I’m sure. Damn good news.

  5. Shovel Says:

    Congratulations Brother.

  6. david Says:

    Glad to read the jury overruled the lying, self-interested pigs and the DA. When lies are fronted without any conscience, the mental disease of a psychopath is the motivating cause.

  7. Tomo Says:

    Great news!
    But if Martinez really had fired a shot, how is it the SWAT team didn’t use that as an excuse to shoot everyone in the room?
    If I remember rightly, even LE website commentators admitted that they were surprised that the Martinez family made it out alive.

  8. Stevo Says:

    What a great start to the weekend! Now let the man walk free.

    Stevo

  9. Mad Midget Says:

    Congratulations to both Mr’s Martinez and Sullivan!!!!! And a nod to the jury for seeing through the horseshit delivered by that baglicker DA. I hope David is home with his family soon.

  10. Dasein Says:

    This is still sketchy. The fact that ‘friendly fire’ wasn’t deemed a viable defense suggests either a)Martinez himself feels he DID fire the fatal shot, and Sullivan is acting on that, or b) there’s just way too much political pressure to establish that truth, and thereby free Martinez altogether. That strategy is probably now dead, a huge victory for the government, a ‘dodged bullet’, so to speak. Self Defense seems a convenient, but flawed compromise, which the jury bought, possibly sensing the unaddressed Friendly Fire angle themselves. But the verdict is not altogether exonerating, and assuming there is actually another cop who fired the shot, and remains beyond the charges that rightfully belong to him, Martinez still carries that unjust load. That said, after being screwed out of five years, a very positive outcome, so far, for Mr. Martinez.

  11. Hangaround Says:

    FTP! Jury nullification, these home invasion cases are bullshit

  12. Paladin Says:

    Glad to hear that Martinez was found not guilty of deliberate murder. Hopefully; if re-tried, Martinez will be cleared of any remaining charges the state may choose to pursue.

    Paladin

  13. Coolhand Luke Says:

    I was wondering about this recently. I’m glad to hear that common sense prevailed for that jury, on the murder portion.

Leave a Reply