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Marine Killed By Police Identified

Cpl. Allan Devillena II allegedly refused to turn off his car and was shot when he tried to drive off and struck one of two officers trying to detain him, according to Palm Springs police.

A Marine fatally shot by Palm Springs police when he allegedly drove into an officer during a confrontation in a parking garage was identified today as a 22-year-old San Jose man.

Cpl. Allan Devillena II allegedly refused to turn off his car and was shot when he tried to drive off and struck one of two officers trying to detain him, according to Palm  Springs police. The shooting happened about 2 a.m. Saturday in the parking garage at 275 S. Indian Canyon Drive.

Devillena was attached to Camp Pendleton's 1st Marine Logistics Group and stationed at the Marine Corps Air Ground Combat Center in Twentynine Palms, public affairs officer 2nd Lt. Savannah Moyer said.

Palm Springs Police Chief Al Franz said Devillena refused an order to turn off his car and stop it as a police officer was leaning in the passenger- door window of the black Chrysler 300 Devillena was driving.

"First, let me say this -- this is a tragic incident for everyone involved," Franz said.

Franz said the two bicycle-mounted officers saw one of the men walking toward the Chrysler and recognized him and the driver from an earlier public intoxication incident, which had been resolved.

"The two men began yelling derogatory comments at the officers, the officers dismounted from their bicycles and approached," Franz said.

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

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

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

"The suspect accelerated directly toward the second officer, striking him, and continued on with the initial officer suspended from the passenger- side window," Franz said.

The car crashed near the garage exit onto Indian Canyon, Franz said.

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

DeVillena died at the scene. The passenger, who was uninjured, was arrested for a on local warrant and for public drunkenness, cited and released, Franz said.

Both officers, each of whom has 4 1/2 years with the department, were treated for minor injuries. Both are on administrative leave, pending the outcome of a use-of-force investigation.

The police department initially reported that the bicycle officers saw a fight break out in the parking structure as they approached the Chrysler.

Franz said that around the same time, a man told police his wallet and iPhone had been stolen in the downtown area.

An iPhone app tracked the phone to the area of the Chrysler, and officers heard the phone ringing in the car. The man's identification and automated teller machine card were allegedly found in the driver's pants pocket, Franz said. The investigation into that theft also was ongoing.

Palm Springs Mayor Steve Pougnet said today the city "is deeply saddened by the loss of United States Marine Cpl. Allan Devillena."

"Our thoughts and prayers are with the individuals, families and loved ones of everyone involved in this tragic incident," Pougnet said.

The District Attorney's Office is conducting an independent investigation into the shooting. The investigative team is "committed to conducting a complete and thorough investigation and continues to ask for the community's patience during this time," Pougnet said.

Moyer said the Marine Corps was also cooperating with the investigation.

Anyone with information about the shooting was asked to call the Palm Springs Police Department at (760) 323-8116.

Brenda November 29, 2012 at 03:38 AM
Justice, I would also like to like you :) But I completely agree with VAnessa here. All of the articles have huge holes, statements made by Palm Springs PD themselves that discredit the officers actions and what exactly happened. I am looking forward to get moreinfo from this case, especially from the drunk Marine if he can remember and any possible witnesses.
Brenda January 12, 2013 at 09:42 AM
Constant I am right there with you on this as you know. There was NO probably cause for the officers to approach the men again after the earlier incident was resolved. You had a police officer climbing through the passenger side window with his gun drawn? You have two officers unloading their weapons into the driver of that car. Per the last and first article on this story. Cops get called names all day long, and do we see those cops crawl through a open car window with a gun, another one with a gun unloading a weapon at the guy? Hell NO. There is 1. grab the keys 2. shut off the engine 3. throw it in another gear 4. shoot out the tires, they were that close for gods sake and the men WERE NOT ARMED 5. shoot the guy in the fricking leg! 6. tear gas, tazer They murdered an unarmed man, who did nothing but call names which is not illegal. I hope his family and his friend that was also there sue them over and over and so much in exemplinary fee;s to set an example that officers cannot just go around throwing themselves in unarmed peoples cars and unloading their weapon in them.
Brenda January 12, 2013 at 09:48 AM
Updated article with his name and even more ignorant statements by the police. "First, let me say this -- this is a tragic incident for everyone involved," Franz said. "An iPhone app tracked the phone to the area of the Chrysler, and officers heard the phone ringing in the car. The man's identification and automated teller machine card were allegedly found in the driver's pants pocket, Franz said. The investigation into that theft also was ongoing." I will believe all this cell phone and credit card stuff later if it is proven in trial. But at this point, even if they did have it, since when do we ride up on our horses, shoot a possible suspect cause a phone is ringing, shoot him to DEATH, and then go on to find out there is a credit card belonging to someone else in his wallet? What is that thing we hear all the time? Innocent until proven guilty? And probable cause? It says in both articles, the police got off their bikes and approached them because they were being called names! Not because they suspected them in a crime of a cell and card.
Guy Falkes January 17, 2013 at 12:35 AM
We have keystone cops, the level of incompetence is obvious just by the bumbling from one mistake to the next, there isn't much of anything they did right. What a pity they bothered to turn up to work.
Valerie February 26, 2013 at 08:52 PM
http://www.change.org/petitions/petition-prosecute-the-police-officers-responsible-for-the-murder-of-usmc-cpl-allan-aj-de-villena

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