A member of the Mongols had methamphetamine in his system hours after he was shot dead an officer of Pomona SWAT who was serving a search warrant at his San Gabriel home in 2014, a prosecutor said Tuesday.
David MartinezThe 44-year-old was screaming, sweating profusely, gritting his teeth and swinging back and forth after officers evicted him from his home on Block 100 on San Marino Avenue on Oct. 28, 2014, Deputy District Attorney Hilary Williams said in opening remarks Tuesday. . , April 12, at Martinez retrial for murder of Officers Shaun Diamond.
Martinez is charged with second-degree murder and assault with a firearm on a police officer.
A multi-agency operation targeting the Mongols motorcycle club served several orders in various locations that day. Pomona SWAT was not part of the task force investigating the Mongols, but helped deliver the order to Martinez’s home.
Officers noticed the lights in the house were on when they arrived, Williams said. The entry team knocked and then knocked on the screen door, made announcements, but no one responded. In addition to the screen door, the house has a wooden front door.
There were other certain teams on different sides of the house. The team assigned to secure the back of the house could not pass through a closed gate. A sergeant told the entry team to break down the screen door, Officer Adam Viers testified Tuesday.
Viers, who was with the entry team, said Diamond and another officer used a tool called a tool to pull with their fists to forcefully open the screen door. Two people are required to use the tool.
After the door was broken, he said the general rule is to remove the vehicle from the road. The diamond, which held the tool, had its back to the door.
After the screen door opened a few inches, Viers said he had a shot. He also testified that he had seen the wooden door open as soon as the screen door was opened. Diamond fell from the porch and sat face down on the street, he added.
Viers shouted for doctors. Paramedics from the Los Angeles County Sheriff’s Department Special Enforcement Bureau were already at the scene as part of the operation. Viers said he could not go to Diamond.
“From my position, I had to go through the front door, which was a risk at this point,” Viers said.
Martinez’s father, Arturo, had opened the front door.
Martinez pulled out a fully loaded shotgun and fired at the back of Diamond’s neck, Williams said. The 45-year-old Diamond died the next day at Huntington Hospital.
Martinez’s father, who was caught in the shooting, was hit in the arm, she said. No single officer fired at the home, according to Williams.
Attorney Brady Sullivan, who represents Martinez, told the jury on Tuesday that the shooting was a tragic accident. Martinez heard clashes, but not police reports, he said, adding that the family dogs were barking and officers were using a metal tool to beat at the closed gate.
Martinez thought it was the Mongols who entered the house, Sullivan said. His client was tired of the Mongols and wanted to leave the group, but evidence will show that it is not so easy to leave the group, he said.
Martinez and other members were also concerned about the Mongols shooting at the time, which included a fatal shot allegedly from the Angels of Hell, according to Sullivan.
On October 28, 2014, he said Martinez knew his parents were sleeping in the living room and snatched the rifle he was carrying for protection.
“All he saw was a rifle barrel aimed at his father. “He fired to deter intruders,” Sullivan said.
He claimed it was self-defense and that Martinez was protecting his family. Martinez heard his father shouting that police shot him, which turned out to be false, Sullivan said.
After the shooting, he said Martinez dropped his weapon, lay on the ground and told police: “I’m sorry. I did not know you were cops! I thought you were Mongols! ”
But the prosecution said Martinez lied when he said he did not know it was the police at the door.
Martinez, whose name is “Bumps,” was still a well-to-do member of the Mongols at the time of the shooting, Williams said. An officer who infiltrated the Mongols will prove that there is a process to enter and a process to leave the Mongols, she said. The jury will hear how the Mongols handle the problems, Williams said.
“They do not go to your house and do not attack you,” she said.
And when he was in the county jail, she said some Mongols, including the then national president, sent money to Martinez, Williams said.
When police searched the home, she said they found methamphetamine wrapped in a brown chair. They also found two pistols and a 12-game shotgun used in the shooting.
Martinez had taken blood to a hospital and methamphetamine was found in his system, she said.
The first trial in 2019 ended in a dependent jury.
The city’s news service contributed to this story.
2nd trial begins for suspect in fatal 2014 shooting of Pomona SWAT officer – Daily Bulletin Source link 2nd trial begins for suspect in fatal 2014 shooting of Pomona SWAT officer – Daily Bulletin