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Police: Marine Killed by Officers Accelerated Car Toward Them

A Camp Pendleton Marine was shot and killed by police early Saturday morning in a Palm Springs parking garage fight at bar-closing time.

Updated Monday 4:15 p.m.

A pair of Camp Pendleton Marines assaulted two police officers in the moments leading up to a confrontation that led to one of them being shot to death inside a Palm Springs parking garage early Saturday morning, the police chief said Monday.

Chief Al Franz told reporters that one Marine was visibly drunk, and the other refused an order to turn off his car and stop it as a police officer was leaning in his car's passenger-door window, attempting to prevent their departure from a downtown Palm Springs parking garage.

No names have been released by the coroner or police, but the Desert Sun newspaper said family members had come forward to identify the killed motorist as Cpl. Allan DeVillena II, 22, of San Jose.

Franz stepped before reporters today to give an accounting of the events leading up to the two bicycle-mounted officers firing their service weapons inside a parking garage at 275 S. Indian Canyon Dr. at 1:58 a.m. Saturday, as nearby bars were closing in the heart of the resort city's entertainment district.

The officers saw the two men walking into the garage and "recognized one of them from an earlier public intoxication incident.

"The two men began yelling derogatory comments at the officers, and they dismounted and approached" the men inside a black Chrysler 300 sedan, Franz related.

"One officer asked the suspect to turn off the car, but the suspect ignored the officer's order and began turning the vehicle around" inside the parking garage, the chief said.

"The officers repeatedly ordered the suspect to stop the vehicle but he refused to do so," he said.

"One of the officers climbed partially into the passenger's side window, attempting to stop the vehicle.

"The suspect directly accelerated toward the second officer and continued on with the initial officer suspended from the passenger side window," he said. The car crashed near the garage exit, and the second officer was hit by the car.

At some point, the officers opened fire to protect themselves and others, Franz said.

The driver, identified by his family as DeVillena, was dead at the scene. The other man was arrested in an outstanding, unrelated misdemeanor warrant and for public drunkeness, but eventually released, the chief said.

Both officers were treated for minor injuries and released at a hospital.

Second Lt. Savannah Moyer, the public affairs officer with the 1st Marine Logistics Group at Camp Pendleton, said the dead man was attached to the 1st Marine Logistics Group.

The department initially reported that the bicycle officers saw a fight break out in the parking structure as they approached the Chrysler. Both police officers have 4-1/2 years with the department, and were put on administrative leave, pending the outcome of the shooting investigation.

–City News Service

Constant Comment November 15, 2012 at 09:22 PM
Brenda, do you know what 100 lawyers at the bottom of the ocean is called? 'A GOOD START !!!!! ' LOL }~)
Brenda November 15, 2012 at 09:28 PM
I asked those same questions earlier GAL Cann and hopefully we will soon have a follow up article after autopsy. But if you read my post I just left I really laid this all out last night and basically it is going to be a humm dinger. I think these cops are going to be found to be guilty of murder and this investigation should show these officers used unneccessary force to restrain these men, up to BOTH officers "opening fire". It also sounds like these cops were waiting for the guys to come out in hopes of getting them for drunk driving or some other violation. Just too convenient they were in the parking area at closing time and then this confrontation occured. Not a crime, a confrontation. Otherwise, the drunk guy would have gotten in the car with the driver who was not drunk, and drove away. Some verbal altercation does not lead to shooting and is not against the law. Officer walks away just like anyone being called names. IF THAT happened at all and it was the suspects who started it.
Constant Comment November 15, 2012 at 09:44 PM
Thats right Brenda, I totally concur! It is more likely that the guy crashed AFTER being shot by the idiot cop in the passanger window. When you are shot & dying you crash...you are not AIMING at anything....period! The other cop was probably standing near by & that was their excuse; saying the car was trying to run him over....all after the fact. Cops use that one all the time! they also defend each other; including the Police chiefs. If this officer was hit, why was he not hospitalized? Why no broken bones or anything? Sounds more like a convenient cover up to me. }~0
Net November 16, 2012 at 08:21 AM
Justine: Just change your name to TROLL already. It'll make it easier on everyone.
Brenda November 16, 2012 at 08:40 AM
You would have to believe that a sober MARINE, was going to run down an armed police officer first, to believe that car was a weapon. As I go on to say somewhere in here there was absolutely NO reason for the cops to have been there at closing time unless they planned on meeting up with these guys later to give them a tough time from earlier. 2. When in training an officer knows that you meet the same amount of force with the same. Now, a sober guy in a car is not a threat, they do not mention where the drunk one is at this point, so all they have to worry about is the sober one in the car. Where in any training would a training officer tell you to shoot the driver of the car? He would say, idiot cop who "MIGHT" be in the way of the car, move, 2nd use tear gas, tazer, and baton training to subdue or slow down your subject, and worse to worse is to shoot out tires, or shoot the guy in the leg. There is nothing said that "Driver of vehicle was doing donuts in the parking area with the 2nd officer hanging out of the car window trying to subdue him, as the other police officer was trying to get away from the driver intent on running HIM OVER."
Brenda November 16, 2012 at 08:40 AM
You would have to believe that a sober MARINE, was going to run down an armed police officer first, to believe that car was a weapon. As I go on to say somewhere in here there was absolutely NO reason for the cops to have been there at closing time unless they planned on meeting up with these guys later to give them a tough time from earlier. 2. When in training an officer knows that you meet the same amount of force with the same. Now, a sober guy in a car is not a threat, they do not mention where the drunk one is at this point, so all they have to worry about is the sober one in the car. Where in any training would a training officer tell you to shoot the driver of the car? He would say, idiot cop who "MIGHT" be in the way of the car, move, 2nd use tear gas, tazer, and baton training to subdue or slow down your subject, and worse to worse is to shoot out tires, or shoot the guy in the leg. There is nothing said that "Driver of vehicle was doing donuts in the parking area with the 2nd officer hanging out of the car window trying to subdue him, as the other police officer was trying to get away from the driver intent on running HIM OVER."
Brenda November 16, 2012 at 08:46 AM
It is not the last "bastion"? of defense JOA. Its true, Palm Springs is a very white City in case you have not been there lately. But besides that police and fire departments are thata boy clubs. Its unbelieveable everything those guys do, most everyone knows and get away with it. The stories I could tell you, whooo, and names I could name, LOL. But like they tell you right up, "I have buddies who will take you out for 50 bucks, remember that if you think about causing me problems".
Brenda November 16, 2012 at 08:51 AM
JOA, THERE DOES NOT APPEAR TO BE ANY PROOF, EVEN IN THE STATEMENTS ABOVE BY THE POLICE THAT THE SOBER MARINE DRIVING THE VEHICLE HAD THE INTENTION OF RUNNING OVER ANYONE. Matter a fact it says he HIT A WALL, and then as an after thought and then hit the officer. Officers who neither were injured. Were taken to be checked out and both were released with no injuries. NONE< zip, zero. Now dont you think that if two strong young Marines wanted to kill those cops they would have at least put a scratch on one before they shot HIM TO DEATH??? How does a sober man mean any harm by walking to their car, the sober one driving, and try to leave the location they were at???
Brenda November 16, 2012 at 08:53 AM
A good lay works far better then Midol (sp) Justice, damn you must be older then me to not know THAT!! Or your wife has been lying to you all these years.
Brenda November 16, 2012 at 08:58 AM
Exactly ConComm, and I think we have wrapped up this case pretty well. Will be interesting to see how it all turns out. Should hear first where the victim was shot, what part of his body, and a more detailed police report. Of course the internal investigation will take up to 6 to 8 weeks which gives them all time to get their stories straight. I pray to GOD there is another witness then the drunk Marine. Also if there were people around another reason why the cops would not be allowed to shoot for any reason! Wonderful comments folks. Justice, man I dont know huney you just sound like a mean ole man who likes the idea these two cops both shot a 22 yr old Marine in a car(it does not say trying to run them down), with no injuries whatsoever to the cops, no physical altercation ever occurred. There is bad apples in every group of people Justice.
Mike D Curry November 16, 2012 at 09:51 AM
Is the Teller of Truth and Constant Comment the same person? Most of their posts are always agreeing with each other and appear back-to-back. Plus they are rude and obnoxious. Maybe they're just gay lovers }~)
Justice For All November 16, 2012 at 06:12 PM
I think you're right. At the very least, they have synchronized their menstrual cycles. If they had the comfort of a real man instead of their rubber toys, maybe they would mellow out.
Justice For All November 16, 2012 at 06:18 PM
Haha Brenda, you are so right. CC definitely hasn't been laid in a while. Yelling with her caps lock on is the first sign of sexual frustration!
Galactic Cannibal November 16, 2012 at 06:50 PM
So what punishment wiil be given to the trigger happy cop who shot and killed an unarmed 22 yr.old Marine. The cop 'feared for his life" but the Marine 'lost his life". Were I the parents of the murdered Marine, i would hired the top criminal attorney's to go after these murdering cops, to make sure they were punished to the max. that the Law allows. It will not bring back the dead Marine but maybe the killer cop gets punished properly and not some slap on the wrist,with pay and counseling.
Justice For All November 16, 2012 at 07:52 PM
Unfortunately, your suggestion does nothing but fill the pockets of slimy attorneys and grind the court system. The family should just pick up the pieces and move on. Hopefully they can some day hide the embarrassment that this kid brought upon their whole family. As for the cops, IMHO they deserve a commendation and paid vacation.
Justice For All November 16, 2012 at 08:26 PM
I stopped reading after visualizing you under the ton of bricks. hahaha! Why don't the two of you go back to watching Scooby Doo and solve some real mysteries..... trolls!
Justice For All November 16, 2012 at 08:42 PM
Oh sorry. Having difficulty reading and spelling the big words again? Poor baby ;.(
Galactic Cannibal November 16, 2012 at 09:06 PM
"Hopefully they can some day hide the embarrassment that this kid brought upon their whole family." Dude your comment above makes me feel even more sorry for you. This young Marine volunteered to joint the US military, but was shot and killed by a trigger happy cop at home, and not by a Taliban fighter in Afghanistan.
Justice For All November 16, 2012 at 09:17 PM
I'm glad you agree. Instead of going out a hero in combat, he chose to die as a cowardice thief. But no need to feel sorry for me. Thank God I wasn't related to him.
Brenda November 16, 2012 at 09:37 PM
Figures Justice, just another internet pervert with nothing better to do then argue a point in the "opposite" of evidence just to have someone to talk to. AND eventually work your sexual stalking persona on. Eventually it always comes out right? Yep, I am done with this thread along with my friends. Good luck perv.! See ya on a follow up story kids. "Justice for all 10:12 am on Friday, November 16, 2012 I think you're right. At the very least, they have synchronized their menstrual cycles. If they had the comfort of a real man instead of their rubber toys, maybe they would mellow out"
Constant Comment November 16, 2012 at 09:39 PM
@Galactic Cannibal, you see that this troll Justine, has no grasp of reality nor good arguement for his assinine comments. What I find is that when you ignore the idiots, they eventually just go away......Have a good one! }~)
Justice For All November 16, 2012 at 09:41 PM
Sorry Brenda. This thread was exhausted awhile ago. But don't feel embarrassed. I'm sure your a.d.d. is just kicking in. If you want to continue to share your hair-brained comments, try going to the updated article.... http://temecula.patch.com/articles/marine-killed-by-police-identified
Brenda November 16, 2012 at 09:46 PM
Not one but TWO Officers "opening fire" (not shot the suspect, nor even suggested he was a suspect, like as of what would he be a suspect of"?) on an unarmed sober man sitting in his car. DEFINATELY this will be one of the largest civil suits that any County/City has seen for a long long time if ever. It does not grind the court system Justice unless it goes to trial, and only about 1 to 4% of cases go to trial, rest are settled OUT of court. As far as the attorney lining his pockets, well I would be slimy too if I had become an attorney, LOL. But their sliminess does serve a purpose, they get the job done, err well their Paralegal does, LOL Paint that as ME! This case will be a slam dunk, will never see a court room, and I will put money on it there will be a huge settlement. Not ever enough to bring back that innocent boy, but enough to punish the City, the officers. The greatest punishment will be when we hear the results of the autopsy and investigation, which most of us know how it will come out.
Justice For All November 16, 2012 at 09:52 PM
CC: Read my last comment for Brenda... it applies to you. PS. I think your theory is flawed. I've tried ignoring you, but low and behold, you still come back, thinking that all your pitiful comments have some value.
Constant Comment November 16, 2012 at 09:56 PM
Right on Brenda! Couldn't have said it any better! }~)
Valerie February 26, 2013 at 08:54 PM
http://www.change.org/petitions/petition-prosecute-the-police-officers-responsible-for-the-murder-of-usmc-cpl-allan-aj-de-villena
Daniel Woolfolk February 26, 2013 at 09:21 PM
Thanks for the tip. I linked to it here http://oceanside-camppendleton.patch.com/articles/online-petition-urges-prosecution-of-officers-who-shot-killed-marine-corporal-allan-devillena
Becky Honkington February 26, 2013 at 09:22 PM
Justice for all - Your logic is infallible. It is good to "hear" another voice of reason on The Patch. :)
Daniel Woolfolk February 26, 2013 at 10:21 PM
Hi Brenda, here's an update. http://oceanside-camppendleton.patch.com/articles/online-petition-urges-prosecution-of-officers-who-shot-killed-marine-corporal-allan-devillena
ROBERT BLACKMEN February 26, 2013 at 11:55 PM
cops killing Marines ..Marines killing cops it's all stupid.. but I support our military..u.s.m.c...

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