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Prosecutor paints different picture of suspect in fatal 2014 Pomona police shooting – Daily Bulletin

A San Gabriel man who claimed he wanted out of the Mongols motorcycle club and believed it was other members who broke into his parents’ home — when he fatally shot an officer — didn’t leave the group, continued to take attended group events and still spoke or texted Mongolian members, a prosecutor noted in court Wednesday.

The prosecution tried to undermine the defense argument that David Martinez44, fired a 12-gauge shotgun in self-defense to protect his family during the 2014 shooting. Martinez testified Tuesday and Wednesday in Los Angeles County Superior Court that he thought they were members of other Mongols at the door and did not know they were members of the Pomona SWAT team outside serving a search warrant.

One of the officers, Shaun Diamondwas shot in the back of the neck in the early morning hours of October 28, 2014. The officer died the next day at Huntington Hospital in Pasadena.

A multi-agency operation targeting the Mongols motorcycle club served several search warrants on the day Diamond was shot. Pomona SWAT was not part of the task force, but was asked to serve the warrant at Martinez’s parents’ home in the 100 block of San Marino Avenue in San Gabriel.

Martinez is becoming tried a second time on a charge of second degree murder for the death of Diamond. He was also charged with assault with a firearm on a peace officer.

His first trial in 2019 ended in a hung jury. The jury acquitted Martinez of first-degree murder, but deadlocked on second-degree murder.

Deputy District Attorney Jack Garden asked Martinez what he did to get away from Mongols after a motorcycle accident in April 2013. He asked, what did he do in May 2013? Martinez had previously testified that the accident was one of the factors that made him consider joining the group.

Martinez said he stopped paying his dues and stopped going to meetings. He told a member he wanted out, but did not express that at the highest levels, according to Martinez.

Garden said Martinez could have left the Mongols and that the group’s constitution allows for that.

“I don’t remember seeing him there,” Martinez said.

Garden used a projector to show a copy of the Mongolian constitution on quitting smoking.

He also asked Martinez if the Genghis Khan head tattoo on his chest was his only Mongol tattoo. Martinez said it was. However, Garden said the San Gabriel man also has a tattoo of “MFFM” on one arm, which he said stands for “Mongols Forever, Forever Mongols.”

After the lunch break, Martinez was told to remove his long-sleeved shirt and tie to show the jury the “MFFM” tattoo on his arm.

“You told the jury you don’t have (another) Mongol tattoo. That’s a lie, isn’t it?” Garden said.

The judge told the prosecutor that he was argumentative.

Two days before the shooting, Martinez said he attended a Mongols event where he took methamphetamine three times in a restroom. He fumbled with a business card, which he slipped into the small pocket of his Levi’s jeans.

“You chose not to reject it,” Garden said. “And you took it with you to rise again in the future.”

Police would find the drugs in a small room in Martinez’s home, which they referred to as an office.

From the same Mongol incident, Garden said Martinez brought home a stolen handgun and showed the gun to the jury. Martinez got the gun from another Mongolian member.

Martinez said it was left in his trunk.

But Garden said Martinez actually took the gun while chasing the pack at an event and read Martinez’s testimony during his first trial in 2019.

Martinez said he believes the gun came from another Mongolian member who was not wearing a Mongolian vest. He said he did not know the man’s name.

Garden pointed out that Martinez was asked at the first trial who he was holding the gun for, and Martinez testified, “I’m not going to tell you.”

The prosecution will continue to question Martinez on Thursday, July 21.

Prosecutor paints different picture of suspect in fatal 2014 Pomona police shooting – Daily Bulletin Source link Prosecutor paints different picture of suspect in fatal 2014 Pomona police shooting – Daily Bulletin

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