Jurors to decide fate of Mongols member accused of killing Pomona SWAT officer

POMONA, Calif. (KABC) -- A prosecutor told jurors Friday that the evidence overwhelmingly shows that a man murdered a Pomona SWAT officer who was helping to serve a search warrant in San Gabriel.

Meanwhile, the defense attorney urged jurors to acquit his client, whom he argued acted in self-defense without realizing it was police who were outside the home.

David Martinez is facing second-degree murder and assault with a firearm on a police officer in connection with the 2014 shooting of Officer Shaun Diamond.

The 45-year-old officer was placed on life support and died a day after the bullet severed his spine and shattered his lower jaw.

Jurors in Martinez's first trial acquitted him of first-degree murder in June 2019, but deadlocked on the lesser charge of second-degree murder involving the death of the 16-year law enforcement veteran.

The first jury did not vote on the assault charge.

Martinez, now 44, surrendered to police shortly after the shooting, telling officers, "I'm sorry. I didn't know you were the police. I thought you were the Mongols.''

Prosecutor Jack Garden told jurors that statement was the first in a "web of lies" spun by Martinez to save his skin, including claims by Martinez that he wanted to quit the Mongols motorcycle gang.

During Friday's hearing, the jury heard phone calls showing Martinez was still in contact with fellow Mongols years after the killing.

Jurors again heard audio of a jailhouse call.

Martinez and other Mongols, including one named Cadaver, said, "I miss the (expletive) out of you bro." "I love you bro."

Deputy District Attorney Hilary Williams urged jurors to hold Martinez -- a Mongols member at the time -- responsible for his actions.

"The evidence in this case overwhelmingly supports that this man is guilty of murder,'' the prosecutor said.

Williams told the panel that it was "irrational on every level'' to shoot a law enforcement officer in front of some of the defendant's own family members, but said that he was "high on methamphetamine'' at the time of the shooting.

Martinez's attorney, Brady Sullivan, called what happened a "tragic accident'' and said Martinez was lawfully defending his family after seeing the barrel of a gun.

Martinez's lawyer said it was not reasonable to believe that Martinez would deliberately fire a shot at police and put his entire family at risk inside the home.

"He didn't know it's the police. He thinks it's an intruder,'' Sullivan said.

Jurors were also told of a threat Martinez received the night before the shooting from fellow Mongol "Scarface," who told him, "You better watch your back pal."

Martinez claims he was not high on meth that morning and that he never heard the SWAT team yell, "police" or "search warrant."

The jury is due back in court Monday Morning to begin deliberations.

City News Service, Inc. contributed to this report.