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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 16, 2012 at 10:18 PM
The department is doing an investigation into issues of force, and its being investigated by other departments. However, it says the military is only going along with the investigation. I think they as well should be investigating his death. It appears all of them have some questions about this murder and opening their own investigations which is good.
Constant Comment November 16, 2012 at 10:20 PM
Brenda, why does Justice get his panties in a wad when you question his sexuality?He just revealed himself! A gay dude struggling with his feelings of inadequacy & sexuallity! I mean really...what dude says "girlfriend" ? OH SNAP! Its ok to come out of the closet already, nobody cares. What a clown! I also think feeding into his masochistic ramblings might be setting his therapy back. He's sick...nuff said! }~)
Justice For All November 16, 2012 at 10:25 PM
Cpl. Allan Devillena II brought a Chrysler 300 to a gun fight. You can find mounds of statistics about how many people are killed by cars vs. guns. I guarantee you stand a better chance going up against a gun than a car. A car can plow threw dozens of people in seconds. And cars don't have to reload. He made his decision to try to run over a cop. He deserved to die. End of argument.
Constant Comment November 16, 2012 at 10:27 PM
Brenda, everyone totally agrees with you. As far as that annoying little troll Justine goes.... you can't have a battle of wits with some one that is a dimwit! End of story! }~)
Justice For All November 16, 2012 at 10:37 PM
Oh Brenda, oh Brenda, oh Brenda... I'm not sure if you sound like Marcia Brady or a couple of lezboze.
Justice For All November 16, 2012 at 11:01 PM
Clearly you trolls have reduced this thread down to nothing but name calling since you obviously can't come up with any intelligent comments or arguments. Suffice to say that you will never find a plausible argument to defend this pathetic marine. He deserved to die and you simply don't have the mental acuity to wrap your heads around that. The cops did nothing wrong, but you apparently insist on living your lives embracing all the stereotypes of the misinformed, thinking there is some sophisticated police cover-up behind every shooting. I'm afraid that this battle of wits with you unarmed trolls has lost it's entertainment value. If you don't have any more constructive comments you should quit embarrassing yourselves and find a new hobby.
The Teller of Truth November 16, 2012 at 11:23 PM
Justicefornone, you ceased to be amusing quite awhile ago when you were dismissed. Might I suggest that you go trolling at your local gay bar instead of on here, wrestling with your sexual identity. I firmly believe that there is always someone for everyone, even for you. And if that doesn't work out for you, I agree that you should stop embarrassing yourself with your immature comments & perhaps even find a constructive hobby. In the alternative, there is always psycho therapy! Good luck with whatever you choose!
Justice For All November 16, 2012 at 11:35 PM
Check your facts. Both officers received injuries. They were transported to the hospital. They were treated for their injuries (however minor) and were released to recover at home. You apparently suffer from reading comprehension problems. Please have someone read this article to you so that you can really absorb it's contents.
Justice For All November 17, 2012 at 12:00 AM
Dismissed? What are you, still in junior high? All kidding aside, you are truly pathetic and should seek professional help. Consider this friendly advice.
Brenda November 17, 2012 at 05:42 AM
I was thinking the same thing. Now all of a sudden there is a lost phone from somewhere else that these guys just happen to have that the police did NOT know about earlier or when this situation in the parking lot happened. NOW all of a sudden a stolen phone comes into play, STILL no reason to shoot someone even if the police knew about it prior of which they DID NOT. They heard "the cell phone ring". Now how in the hell would they know it was "THAT" Cell phone.................buncha idiots. These two Cops will come out dirty on this. There is no way anyone investigating could not put two and two together on this. NO way in hell. And these are comments being made by their own people at the department...........so cant take them back either.
Justice For All November 17, 2012 at 11:54 PM
What? No pithy comeback? I accept your defeat, troll!
Constant Comment November 18, 2012 at 12:45 AM
Justice , you should change your name to Jacka*s...}~)
REZ10 November 18, 2012 at 10:33 AM
Brenda, You are a clueless internet troll. Try reading and paying attention to details this time, where it said the stolen property was in the Marine's car and he struck an officer with the same vehicle. Better yet, why don't you stand in front of a car and have it run you over and then tell us what you think about defending yourself from this "threat" as you call it. Get a clue woman.
Brenda November 18, 2012 at 10:59 AM
Justice how in the name of GOD you can say that this 22 yr old man DESERVED TO DIE makes me physically ill. You are just a sick phucking person saying this chit to make others angry so you have somethng to do, or someone to argue with. For whatever reason you do it. But there is never a reason to say someone deserved to die. I am not going to respond to you any longer and help you get your jollies, because of how now you turn everyones comments sexual. That is some serious sickness when discussing the death of a young man to be able to take ones comments and get your rocks off on it. Hey girls and guys, my friends, see you on another thread, this man is making me ill. Not feeding the troll, perverted dimwit again. Makes me sick and right ConCom, End of Story, till we hear more from the PD, investigators, Parents attorney etc.
Brenda November 18, 2012 at 11:08 AM
The TOT, you are right. His perversions came to light pretty fast in his posts. He gets the attention from the murder of this young man by spouting off insane defenses for these cops. Then starts in the perverted sexual comments while everyone is still reading him. Good call. Then Justice, Actually you are wrong. When I first read an article about most police shootings they appear to be legitimate, however every once in a while a few show up that are a blatant disregard for training in meeting force with force etc. This is one of those that stands out so loud and clear to be a serious case of police murdering this man that others and I stand up and say.............WAIT, something is seriously wrong here. Now, dont address me further, I wont be reading.
Justice For All November 18, 2012 at 11:42 AM
@Brenda: I know you may not read this, but actually I'm impressed with your ability to express a fluid argument in support of your comments. Even though we may be diametrically opposed in our opinions on this case, I respect the fact that you can apply some reasoning to your thoughts. I would certainly entertain intellectual dialogue with you if you could distance yourself from some of the trolls in this forum. I realize that some of my comments crossed the line, and for that I apologize. Hopefully, we can agree to disagree in some others threads without taking pot shots.
Brenda November 18, 2012 at 05:51 PM
REZ10, dont just address me, as then you make it personal. Almost everyone commenting here feel same as me so stop stalking ME and read other's posts as well. Or better yet, educate yourself and read the other articles about this shooting and you will see the differences, discrepancies, in the ENTIRE Story being fed to the public. If everyone was to breeze through these articles on this shooting death not taking notice of every detail, quotes from police, witness's and any others, take in every bit of information and analyse i, then you are going with the flow and basically just "dont give a chit". I take these questions I have from an article and I ASK THEM. I take the details, times, and ask myself a first question like in this case......... "bicycle-mounted officers saw one of the men 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. My first question would be, officers did NOT know about a supposedly stolen wallet at that time. Why did two officers who are used to being called names approach these guys who were in their car already, pulling out, and the driver was sober? Question 2, why would an officer literally climb over the drunk passenger trying to get the driver to stop? Why would all have this even started?, and then more questions open up....
Brenda November 18, 2012 at 05:57 PM
Charles at least you are reading this article(read the previous ones also please) and asking questions. That is all I do, is read, and things that do not ring true, or lets say correct in my opinion I question. Then others question and like a back seat detective you then try to put it together as to what really could have happened, because sometimes like in cases like this one, they just do NOT make sense. Nothing had been said about a stolen phone until this article when now the public is asking questions and the Department are flooded with questions about the case. But in the original story the 2 officers did not know about a stolen phone, and for gods sake the statement that they heard the phone ring in the one guys pocket........LOL, I had to laugh as how in the world would he know that was the stolen phone? So as many of us try to say here, open your mind up, see the descrpancies and what does not ring true probably isnt, or at least to some degree.
Brenda November 18, 2012 at 06:01 PM
O-Really and a these good majority of cops you are talking about have some huge chips on their shoulders and are just waiting for someone to talk smack to them, call them a name or even make fun of them for riding bicycles. The bottom line is, there was NO probable cause for those officers to try and stop those Marines again. Thats it, and everything that occured from there on was unjustied :)
Brenda November 18, 2012 at 06:06 PM
JB as a Marine you should have some knowledge of whether or not those police even had the right to try and approach, and detain those two guys. 2 Marines leaving the bar, the driver is sober, and they are going home. Somewhere in there they "supposedly" call the cops a few names..........ok, and?? That did not give those cops the right to demand they stop the vehicle, nor for the one cop to climb through the window, and definately no right for both of the cops to "OPEN FIRE" on the car as it kept moving to LEAVE. It hit the side of the driveway and somewhere in there hit the police officer, during which time the officers "opened fire". If two officers unloaded their weapons at close range to my chest I would have hit the gas pedal too as a automatic reaction. Just think about it......lay itout, and not one single part of this makes a damn bit of sense.
Brenda November 18, 2012 at 06:16 PM
Again, both officers were close, actually could have been one on each side. Shot the driver in the foot, leg, or shot out a couple of tires for godsake. I had to see how many shots the driver of this car got in him from 2 officers "opening fire". Once, had a loss prevention guy go to the bank for a large store chain. They had been scoped out and knew what day they went etc. Even the criminals knew to shoot the two guys in the damn foot so they could not chase them or make phone calls. This was years ago, when it was mostly pagers. Seriously though, if a criminal can make a foot shot so can a cop.
Brenda November 18, 2012 at 06:23 PM
Justice for all 11:43 pm on Thursday, November 15, 2012 Please tell me where in the Constitution that you have a right to kill a police officer in the performance of his duties. Where does it say in Police Training Procedure and Policies that you can approach 2 men who have not committed a crime, except possibly calling them a few names, and then attempt to stop them from leaving, as they were doing. Then climb in the passenger side window, and then open fire on the driver? That was an unlawful attempt at detainment, and murder. Equal and easier way to stop the driver IF he was driving away before he was shot was tear gas, baton or tazer. Both officers shooting him was overkill and in no way necessary.
Vanessa DeGuzman November 29, 2012 at 12:28 AM
@ Justice for all: you speak with so much conviction. as if you were actually there and witness everything with your own eyes. it is very sad that you believe what you read and take it for the TRUTH. u fail to see that the press release from PSPD has many holes in it. the dots simply DO NOT connect.
REZ10 November 29, 2012 at 02:20 AM
Brenda, U obviously don't know anything U talk about regarding law enforcement. U've never been, so don't pretend to know...watching a couple episodes of COPS doesn't by default make U knowledgeable. U don't need probable cause to talk to anyone. An officer can talk to anyone they want...it's called a consensual encounter/contact...look it up B4 U blather. A vehicle is considered a weapon. Ur on here all the time and U don't know jack about what U speak of. So, stop acting like Ur an expert in all things law enforcement related. Go back to watching TMZ...it's more Ur style.
Brenda November 29, 2012 at 03:33 AM
Rez10, Why would someone who cannot even type a full sentence try to demean me Rez? I know more about police policies and procedures, criminal investigation then you will ever know, or we would ever see on cops. LOL, cops is always about men beating up their women anyway you doofus. Where in the world you get probable cause, these cops, and these Marines and this murder is so far out there its not even worth trying to answer it REZ. I am confident it will be shown that this man was shot prior to hitting the gas pedal, or shortly there after. I also confident this man was murdered and hopefully it wont be the good ole buddy thing, and it will be proven rightfully. :)
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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