Stating The Obvious

October 31, 2014

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David Martinez made his initial appearance in court yesterday. Martinez, a member of the Mongols Motorcycle Club, is charged with the murder of a Pomona, California Swat officer. That charge is enhanced with the accusations that he murdered a police officer engaged in his official duty and that he is a member of a criminal street gang.

Martinez is alleged to have shot Officer Shaun Diamond in the back of the head as a fourteen man Swat squad broke down Martinez front door in the darkest hour of Tuesday morning – five and a half hours after the moon went down and more than three hours before dawn. Martinez’ mother, father, wife, his two children and his sister who is afflicted with Down’s Syndrome were all in the house at the time.

Twin Towers

Martinez has not yet entered a plea. His attorney, a man named Tom Medrano, asked Judge Renee Korn to continue the hearing until November 13. Medrano said he hadn’t yet seen the search warrant which another judge named Maral Injejikian sealed on October 23. Medrano told CBS that Martinez’ mother and father were at the door when the warrant was served and that the case is “not what it appears to be.”

In court Medrano told the judge that Martinez has been kept naked in his cell in Los Angeles’ infamous Twin Towers jail and that he has not been fed since his arrest. Late last month, six former Los Angeles County Sheriff’s Deputies were sentenced to federal prison for deliberately obstructing an FBI investigation into the extent of violent abuse of inmates in the Twin Towers. Martinez appeared in a court in a yellow jumpsuit, which is the color reserved for mentally ill inmates.

Judge Korn replied, “The court would instruct them to have him clothed unless there is some sort of security concern on behalf of the Sheriff’s Department.” Korn then ordered Martinez held without bail.

A spokesmen for the Sheriff’s Department later told CBS that Martinez had been clothed in a “cloth” that couldn’t be torn and that he was being “watched closely.” The innuendo is that Martinez is a suicide risk. The implication of that is that alleged cop killers may have a higher suicide rate than other accused men in the Twin Towers.

Blue Ribbons

The Martinez case is a local Los Angeles story but it illuminates some realties in postmodern America that should probably work their way onto the national agenda. News coverage has focused on the perceived tragedy that befell Officer Diamond. Most of the city of Pomona is festooned with blue ribbons. There was a vigil for the dead man last night. Martinez is routinely vilified as a “motorcycle gang” member.

Most Los Angeles media are covering the story as if it would somehow be disrespectful to Diamond to think out loud about the chain of events that led to his death, how it could have been avoided and how Diamond, wearing a suit of armor, came to be shot in the back of the head.

What is most obvious about this news event is that the Swat raid in which Diamond was killed was intended to punish Martinez for the non-crime of being a Mongol. Whether one approves of motorcycle clubs, or the Mongols, or the Hells Angels, or the Tea Party or the Masons or the Communist Party or the Ku Klux Klan the government of the United States is forbidden by our most fundamental laws from punishing their members simply because they have exercised their God given right to identify with any group they want. Dynamic entry Swat raids are a form of extrajudicial punishment that is intended to circumvent most of the Bill of Rights.


The raid that resulted in Diamond’s death, the wounding of Martinez’ father and Martinez’ current legal jeopardy exemplifies the perils of such punitive raids. The federal police force that instigated the raid, the Bureau of Alcohol, Tobacco, Firearms and Explosives, hid their involvement behind local police. Police shopped for a judge, in this case Injejikian, who would be gullible and cooperative enough to give police everything they wanted. The information on which the warrant is based is secret and was supplied by a confidential informant who may or may not have lied. As long as the affidavit on which the warrant is based remains secret the reasonableness of the search can never be examined.

There is no probable cause to believe or even an articulable reason to suspect that Martinez and his family would not have cooperated with the search. The police were looking for a gun. There is no indication they found the gun they were looking for. “Oh they found a gun,” a witty lawyer quipped yesterday.

The raid was, to quote a Los Angeles federal prosecutor named Reema M. El-Amamy, “guerilla street theater” and it was a way to extra-judicially punish a man and his totally innocent family.

Diamond would be alive today if the investigators in this case had simply walked up to Martinez’ door and knocked.

Blocking The Fatal Scene

The other great mystery in this case is how Diamond, wearing body armor and a helmet, got shot in the back of the head by a suspect who was standing in front of him. Multiple Sheriff’s spokesmen have said repeatedly that “Diamond was standing behind officers as they smashed through the front door of the home with a battering ram.” The most recent, official blocking of this strange scene says that Martinez was hiding behind his mother and father when he fired.

Martinez father was wounded. He was wearing a bandage on his arm yesterday in court. And when Martinez fired he somehow struck his father in the arm which was probably hanging, at most, 50 inches off the ground. This most miraculous of all shots then failed to hit the officers directly in front of the Martinez family but did somehow strike Diamond, standing outside, in the back of the head, at a height of say 69 or 70 inches, and penetrated his Kevlar helmet.

Whether the press will broach the subject or not, there probably isn’t a competent defense lawyer in Los Angeles who will not say privately that they think Diamond was probably killed by the accidental discharge of shotgun being held at the ready by another cop. The most likely series of events is that a Swat officer standing behind Diamond with his finger on the trigger of a shotgun was jostled as the team broke into the Martinez home. The buckshot would have penetrated Diamond’s Kevlar helmet and then fragments of the helmet or deformed pieces of buckshot would have wounded Martinez’ father.

“I want to know what happened to the taggants,” one unusually competent and informed source said yesterday. Taggants are microscopic markers that can be placed in munitions to trace their origin. The ATF, which was responsible for this raid, is a great proponent of taggants. Unfortunately, in this case, the round that killed Diamond probably did not contain taggants.

Which raises the next obvious question: What was removed from Martinez’ father’s arm? And the question after that: Was Martinez’s father’s arm burned? And the question after that: Was Diamond autopsied?

And the question after that: Does the Los Angeles County Sheriff’s Department have a history of telling the truth?

And the question after that: If a dozen heavily armed and masked men smashed in your door and swarmed into your house in the middle of the night what would you do?

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76 Responses to “Stating The Obvious”

  1. Paul (PJ) Says:

    This is truly sad. I hope David Martinez is cleared.

  2. jj solari Says:

    there is not a cop in America who on a daily basis does not commit more mayhem upon the community in which he lives and works than any Mongol could do in ten lifetimes. Not that a Mongol would even want to. Unlike a cop who actually gets paid to do so. For some reason.

  3. Meh Says:

    The shotgun projectile question is relevant. If the fatal projo is compared to the ammo the cops carried and that which the defendant owned there is much to be learned.

    Metal isn’t anonymous and alloy composition can be measured using a spectrometer.

    When the physical markings of a fired bullet recovered from a crime scene are too mutilated for visual comparison or the firearm used in the crime is not recovered, the bullet can be compared with other bullets associated with a suspect by its elemental composition. When a crime-scene bullet contains the same analytical elemental concentrations (i.e., match in composition) as the bullets from known cartridges, a single source for these bullets cannot be excluded. During the manufacturing processes, thousands of lead specimens (bullets and bullet cores) are produced with analytically indistinguishable compositions. However, those lead specimens that share the same composition are generally packaged within the same box of cartridges, or in boxes of cartridges of the same caliber and type at the same manufacturing plant, on or about the same date. When the differences in element concentrations are small but analytically significant, a comparative examination can be used to differentiate among bullets made of different alloys or to exclude a single source for bullets of the same alloy.”

    In a discharge within a home there should be zero shot or wadding unaccounted for.

  4. StrategyIsZen Says:

    thank you austin – i am aware i am kind of a strange person – and that is my local reputation too. IDK how to say – it’s like i am just so very grateful to not have died yet, despite mistakes. i think also i just got frustrated at how media portrays people who like to be together in groups and ride motorcycles. 7 once said things just “are” – in other words “real is real.” once on this site i said “people like IO would end up in the ditch behind my house.” that is because “bodies are still found in the ditch behind my house.” there is a right, and there is a wrong. i am going to stop posting here for a bit because i have a real life that i really, really screwed up. behind the pixels on the internet, there are real people. not all the pixels. but some of the pixels. people with families, and hopes and dreams. media is just so off on things. media is not reality. much respect to all.

  5. lonesurvivor Says:

    Ok I’m gonna comment but going off by what I read. Here’s my question, and as a female and growing up with a dad who owned a gun store I’m kinda familiar with guns. If a shotgun is shot doesn’t it spray? Which means more people would have been hit right? Secondly if “Martinez” is a known gang member don’t you think that if he fired that shot the cops wouldn’t have killed him? It doesn’t make sense to me if they have no problems killing innocent people why the cops wouldn’t fire on someone who supposedly shot one of their own. This is something to think about.

  6. panamaa Says:


    Ya, kinda like…

  7. Austin Says:

    “…maybe also because i miss people i normally see all the time…”

    Exactly. I am so sorry.

  8. Austin Says:

    @ SIZ – Respects Sir. There is something about being a stand-up honest person – that speaks out against dishonesty and unsafe conditions that – in my industry- has gotten me blacklisted for union activity, and fired more than once. I’ve won a lot of battles; gotten rid of unsafe practitioners, improved Stand-By pay, won mandatory rest between shifts, and beat Meg Whitman, to name a few – but overall – I lost the war. I went a few years without speaking to one of my kids – Still cant get a handle on civilized behavior with the Ex., and at my new job (where they are 15 years behind ) all the same battles are heating up again. Now – I just smile and say “Sure!” to everything. Call me Ms. Stepford.

    If I had a magic wand – I’d use it to make Rebel’s dream come true… because my own happy ending is mixed up in all that same crap. I agree with your overall assessment of the io situation being media-spin based, however I think if the netizens keep spreading the word – we can make a difference.

    Drifter put up a video over in the saloon that is from “our” geographical area. Powerful lesson in keeping your cool, stating your intentions, and calling them out “Are you a man behind that badge?” Wow. The tide is drawing down.

    Best Regards, and don’t beat yourself up – we’ve all got History.

  9. StrategyIsZen Says:

    anyways – this has been yet another strange thread and i am aware that i might have had something do to with that. but i really do see with eyes what happens when certain things go wrong. people are saying “do something about our broken system,” but yet won’t even attend a city council meeting. they are saying “do something about IO,” but won’t even take the time to do some research on what IO really is (a media creation like Kim Kardashian, IMHO.) they say “do something” about the police, when all it takes sometimes is just meeting with brass in your local towns. the system won’t change itself. talking about it does not change it. changing it changes it. yet at same time – i am an example of an asshole who did too much “changing system.” for the rest of my life, i have to be the most law abiding person you will ever meet. i don’t have a problem with that, but i don’t like HAVING to do it. i would rather that it be choice, and not imposed on me. but it was me that did it to me. and our system is what we do to ourselves. just my two cents. not my intent to disrespect anyone. if people are angry at what i say, i am happy to debate the issues. i could even be wrong. but again – talk does not fix “stuff.” 10,000 internet conversations have less impact than one sincere meeting.

  10. StrategyIsZen Says:

    @red – i can’t speak for my church. i can say that it is respected by a lot of people. what i meant was that he was someone who may have been hurting people. that is not righteous no matter what you are. that is what i meant by change. not change from being a biker – change from being a person who needlessly hurts others. personally, i can’t wait to get back on my FXR and do whatever it is that i do.

  11. StrategyIsZen Says:

    also – the only thing i would respectfully ask is that people not post my home address. since i put it on the first page of google for a reason. that reason is i stand behind everything i say. if i say something that seems wacky – then i will listen to other viewpoints. people know where to find me, and this includes all sorts of three letter agencies. but again – social change is not caused by poking system. that is the big thing i have learned. it is caused by seeing where system can be steered. and even then, must be done with caution. in the end, i think Gandhi was right that we must become the change we wish to see. i somewhat failed at that. that is why i am admitting it.

  12. StrategyIsZen Says:

    ha – great – now everyone is going to know my dogs’ names!

    @austin – i would like to – but i can’t – i really messed up my life from all the drinking and “trying to save the world” crap. that is why i am being so honest here. i had this stupid idea in my head that i could save the world. for about seven years – i just worked harder and harder – yet forgot to save me. i don’t want to say what caused me to do this – but some people know. at the most basic core – i see now how hate turns in on a person. that is why i post here – partially just to get it out and explain it – maybe also to warn people. maybe also because i miss people i normally see all the time.

  13. Austin Says:

    @ Strategy is Zen – I bet Rebel would hook you up with Mr. Martinez’ legal representation and you could help him out. – I mean – if you aren’t doing anything much these days. He could use some help.

  14. Austin Says:

    @panamaa – Oh – you mean – like this?! LOL

    I kinda like it – Straight up Popeye – “I yam what I yam.”

    Waaay better that any of those whiny-ass io idiots.

  15. Rusty Says:

    SIZ…not sure Chaplain wasn’t a communist. But this I’m sure of, if you state yer opinion, speak yer mind, stand yer ground, and refuse to be one of the sheep, you will be labeled a lot of things and ostracized by the “establishment”.

    Respect to the deserving

  16. Red&Gold Says:

    @strategyiszen…Thank god, and your bishop’s pointy little head, that he got out of a being a “fairly notorious biker ” back in the day and “Changed” his ways! lol…

  17. Red&Gold Says:

    @ Strategyiszen… Thank your bishop and his gods shiny little head he got out of being a “fairly notorious biker” and finally “Changed”…lol…

  18. StrategyIsZen Says:

    that speech killed Chaplin’s career BTW. it was from his heart – look at his eyes. he is near tears at the end. he know what he was doing to his career when he made it. there is much story behind this one movie speech. it helps if people know Chaplin was influenced by Leo Tolstoy.

    Tolstoy influenced both Ghandi and MLK. Threats to system are taken out, basically. Tolstoy had some Teflon because of his wealth, yet he was also a pariah after he “went political.” Ghandi was able to amass enough support to live. MLK was taken out. Chaplin was economically “taken out.” His career died, and in fact he was investigated as a communist (he was not a commie.) true change to system, will always be seen by system as “criminal.” question is what price are people willing to pay. the above assumes non-violence BTW. violence as a means of social change, only causes a new “more violent” system to replace the old system. all just two cents. not in a club. just speaking about this stuff since it came up.

  19. StrategyIsZen Says:

    tooj – i always come back to this – it just summarizes how i personally think people should treat each other.

    at the most basic level, and my Bishop in church said this to my face a couple of years ago – if each person started loving those around him more, the country would slowly heal. he was a fairly notorious biker in the local black set here, so when he says things like that, it is not stuff he got out of books. this was also more than 25 years ago when he changed. i think just like people can change, so can countries. a country is the collective thought and action of its people.

  20. StrategyIsZen Says:

    tooj – IDK.

    i am aware that it is not typical protocol here for people to out themselves. i think there is one other poster who does it, AFAIK. i have been thinking about this stuff for a long time (more than 25 years.)

    right now, we live in a time when people absolutely fear merely speaking. yet is this not what the people in power want?

    to me, and this is just me – this entire country is kind of a seething mass of various groups of people who somehow work in balance. or kind of did for maybe a few decades. maybe they never did. hard to tell. right now things are very out of balance. but how does this resolve? do we just go down into the hole of history as yet another failed country? do we try and change? how is this done? nobody knows, really. the most powerful thing i know is that each person has a measure of control over their own destiny. i also know that families are key to all things. maybe also that the ownership of property is a basic thing (and rights are property.)

    i think you are right that the measure of a man is how he treats those around him. and by men, i mean both genders, or however many genders there are these days. reality is far stranger than fiction. yesterday i was talking to some youth here in my urban hole where i am confined for a bit. i was walking one of my dogs. they were asking me where to get guns. they were very young, maybe 15 or 16. in the back of my head i was thinking “i know a lot about guns.” they were acting so hard, yet they were really afraid. i could see it in their eyes. i told them my dog would not hurt them. it started licking their hands and they softened up and became normal children again. is this our future? children trying to become killers? from what they see in media? police who have nothing better to do than to rob people? IDK IDK IDK. personally, and i am just being honest here, and i am nobody – things are upsetting beyond all measure. yet at same time, if we collectively throw up hands and say “we will eat shit” – we WILL EAT SHIT.

    i do know that any man who says “i have answers” – has nothing. much respect. thank you and whomever else tolerates me, for at least tolerating an old man. my other sin is idealism. that one can’t be let go of.

  21. Tooj Says:

    What I find note worthy is that the ideas presented here are not figments of the imagination nor are they fiction to entertain, scare, sway, and such.

    Experience, past events and testimony point to why these theories seem VERY reasonable.

    EVERY group culls itself in one way or another. Corporations, social groups, bowling leagues, etc. Is the measure how they do it?

  22. Phuquehed Says:

    A good pig, is one that’s not breathing.

    @Glenn S. – Right on man! Good to see you’re gettin’ there, slowly but surely!

  23. sherides Says:

    I saw a segment on ABC7 yesterday that showed Martinez during his arraignment. (Via Directv living in the woods allows me to purchase national feeds)

    The look in his eyes denied his being a stone cold cop killer.

    I hope that someone steps up and helps stop this train he’s on.

    This deserves a thorough independent investigation. I hope his attorney can help make that happen.

    I will remain hopeful.


  24. StrategyIsZen Says:

    the above is also why i thought IO was going to fail (like they are.) it is simply not possible to go against “the grain.”

    there is “a grain” and it can never be opposed. that is why it is “the grain.”

    again – personal experience. this is also why i said “the smart civil rights lawyers have gone on DL.” if there is a single theme i have seen from my own life, and just from reading and posting here, it is “karma.”

    it can’t be escaped. it works like a leviathan. in my faith we call it God. there is not a way to get around it. anyone who thinks they can get around it, is a fool.

    Can you pull in Leviathan with a fishhook
    or tie down its tongue with a rope?
    2 Can you put a cord through its nose
    or pierce its jaw with a hook?
    3 Will it keep begging you for mercy?
    Will it speak to you with gentle words?
    4 Will it make an agreement with you
    for you to take it as your slave for life?
    5 Can you make a pet of it like a bird
    or put it on a leash for the young women in your house?
    6 Will traders barter for it?
    Will they divide it up among the merchants?
    7 Can you fill its hide with harpoons
    or its head with fishing spears?
    8 If you lay a hand on it,
    you will remember the struggle and never do it again!

  25. StrategyIsZen Says:

    @7 – police forces are also a type of brotherhood. between the two, i think personally that bikers are closer and tighter, but that is just my opinion, and i am not in a club.

    that being said, i do not actually hate the police. in my reality, i simply do not deal with them. it is apples and oranges. i do think that many of them have gone way beyond “protect and serve” now. anyways, inside of any brotherhood, if there is an untrustworthy link, that link will be taken out. this has been true for thousands of years. media makes us think that such things do not happen. they are actually very common.

    an example would be someone calling for “backup,” but yet no other officers respond, or they respond slowly. there is no way to prove this, and it is a way that officers cull their own herds. trust is very important to people. the one thing that people must never do is violate trust. if i had one blessing, that would be it. in a reality where every single person i know, is armed, i learned a few things. other things, it took a while.

  26. StrategyIsZen Says:

    @glenn – yes. the system will generally seek a person’s weakest point, whatever it might be. this is from experience. this is always why i have been saying that people can learn from the failures of others, not just the successes. in fact, the failures often contain more insight. much respect.

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