Capital Murder Charge Filed Against Man Accused Of Killing Pomona SWAT Officer

POMONA (CBSLA.com) — A suspected member of a motorcycle gang accused of fatally shooting a Pomona SWAT officer appeared in court Thursday.

David Martinez, 36, was charged with capital murder in connection with the killing of 45-year-old Shaun Diamond.

Investigators say Diamond was shot in the back of the head as he was helping to serve a search warrant at Martinez's San Gabriel home. The warrant was part of an investigation into an alleged outlawed motorcycle club.

According to the felony complaint, investigators allege that Martinez fired the single shot that killed the veteran officer with 16-years of experience in law enforcement. The complaint against Martinez also includes gun and gang allegations.

During the hearing Thursday, Martinez's attorney Tom Medrano told the court his client was being held inside a cell naked, and asked that clothing be provided to Martinez.

"The court would instruct them to have some clothes unless there is some kind of security concern on behalf of the sheriff's department," said Los Angeles Superior Court Judge Renee Korn.

CBS2 was referred to the Department of Health Services to inquire as to whether Martinez was being held without clothes. An update was not available at the time of publication.

Medrano declined to speak with CBS2 on camera.

Meanwhile, Martinez was ordered to be held without bail. His arraignment was postponed until Nov. 13, the Los Angeles District Attorney's Office said.

Prosecutors are expected to decide at a later date whether to seek the death penalty.

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