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Family of Marine Killed By Palm Springs Police Will Hold Vigil

By Suyun Hong, News Producer, Suyun.Hong@kesq.com
Rich Tarpening, Assignment Manager, Rich.Tarpening@kesq.com
Published On: Nov 10 2012 03:43:17 PM CST
Updated On: Nov 15 2012 03:23:41 PM CST
Marine Killed In OIS

Family provided photo on Facebook

Marine Cpl. Allan DeVillena II, 22, San Jose

PALM SPRINGS, Calif. -

The family, of Allen DeVillena II killed by Palm Springs Police on Saturday, posted on facebook that there will be a candlelight vigil in honor of the marine tonight at 6pm

The family posted the announcement early this morning and say it will take place at the downtown parking garage on Indian Canyon and Baristo Rd, that is the location officers fatally shot him early Saturday morning.

Police say DeVillena was attempting to run over one of their officers, as another officer was hanging from the car window, as he tried to drive away.  Those two officers remain on paid administrative leave per investigations, being conducted internally by Palm Springs Police and by the Riverside County District Attorney's Office. 

Earlier this week, Palm Springs Police Chief Al Franz held a news conference to defend the actions of his officers during the confrontation that left a U.S. marine dead.

Franz read a statement, saying, on Saturday, November 10, 2012, at approximately 1:59 AM, two Palm Springs Police Department police officers were on bicycle patrol outside of the parking structure at 275 South Indian Canyon Drive, following the local bar closures.

As the officers rode outside, they heard yelling coming from inside the parking structure. The officers rode into the structure to investigate. They saw a male individual walking towards a black Chrysler 300 that was stopped facing the south wall. They recognized him, as well as the suspect driving the vehicle, from an earlier interaction with the two involving public intoxication that had been successfully resolved without incident. 

When the two men began yelling derogatory comments at the officers, the officers dismounted from their bicycles and approached the vehicle on foot. One officer asked the suspect to turn off the car. The suspect ignored the officer's orders and began turning the vehicle around. The officer repeatedly ordered the suspect to stop the vehicle but he refused to do so.

One of the officers climbed partially through the passenger 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. The suspect continued driving until crashing the vehicle near the exit.

In the course of these events, fearing for their safety and the safety of others both officers discharged their weapons.  Emergency medical personnel responded to the location. The driver of the vehicle was pronounced dead at the scene. The Coroner's office has not officially named the victim.

Durng the investigation at the scene, Palm Springs Police officers were contacted by the victim of an alleged theft. The theft victim reported that his wallet and iPhone had been taken from him in the downtown area prior to this incident.

The victim used an application for his iPhone which tracked the phone to the area of the crime scene. Investigators at the scene began hearing the victim's stolen Iphone ringing in the suspect's vehicle and recovered it. The theft victim's I.D. card and an ATM card were later found in the driver's pants pocket. The theft investigation is ongoing. 

Both officers suffered non-gunshot wounds during the incident. They were treated and released from a local  hospital. The two officers have been placed on paid administrative leave, in accordance to the department's policy.

We will have a crew at tonight's vigil.  Join us beginning live at 5pm on KESQ and at 5:30 on CBS Local 2.