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.