POMONA, Calif. (KABC) -- The suspect accused of killing a Pomona SWAT officer who was serving a search warrant in San Gabriel has been charged with capital murder, with the special circumstance of murder of a police officer engaged in his duties.
David Martinez, 36, appeared in court Thursday, but his arraignment hearing was continued to Nov 13. He was ordered to be held without bail.
Martinez wore yellow garb in court Thursday, marking him as an inmate being examined for mental health issues.
Martinez has been held in isolation since his arrest. He was being held in a mental health ward on suicide watch.
He told the court through his attorney that deputies have not fed him, and that he was being held naked. The jail captain told Eyewitness News Thursday that those allegations are untrue.
Investigators said Officer Shaun Diamond, 45, was shot almost immediately upon breaching the outer door of a house on the 100 block of San Marino Avenue early Tuesday morning.
The interior door opened and a shotgun was fired, allegedly by Martinez. Diamond was hit above his ballistics vest. He was wearing a Kevlar helmet, and may have been stuck in the back of the head, according to the sheriff's official.
He was rushed to Huntington Memorial Hospital in Pasadena, where he died Wednesday.
Diamond, a 19-year law enforcement veteran, was taking part in a multi-agency operation targeting criminal motorcycle gangs in an investigation into escalating violence between the gangs. According to the L.A. County District Attorney's Office, Martinez is a suspected Mongols motorcycle gang member.
Martinez's attorney says that according to the family, the mother went to answer the door, and the father pushed her out of the way. The father was struck in the arm by the single shotgun blast that hit Diamond.
Sheriff's detectives say Martinez dropped the weapon after firing it and laid down on the floor. He was then arrested.
The L.A. County Sheriff's Department clarified Thursday Martinez's criminal history: Domestic violence and a criminal threat, both misdemeanors. Officials say Martinez was the target of several warrants..
Prosecutors will decide at a later date whether to seek the death penalty.
A candlelight vigil was scheduled to be held in Pomona for Diamond Thursday night.
The Pomona Police Officers' Association will be accepting donations on behalf of Diamond's family.
Checks can be made out to the Pomona POA, with Officer Shaun Diamond's name on the memo line. If donating cash or gift card, Pomona police ask that you leave a short note with information on who the donation is coming from.
Donations can be sent to: Pomona Police Officers' Association at 174 W. McKinley Ave. Pomona, CA 91767.