UPDATE: No charges coming against one-time homicide suspect
by Eric Firpo
Dec 18, 2009 | 5108 views | 7 7 comments | 15 15 recommendations | email to a friend | print
Benjamin Wayne Diaz, 19, was arrested on Saturday in Bakersfield / Courtesy of Tracy police department
Benjamin Wayne Diaz, 19, was arrested on Saturday in Bakersfield / Courtesy of Tracy police department
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The San Joaquin County District Attorney's office has declined to file charges against the man arrested Saturday on suspicion of killing Tracy resident Clayton "Cotton" Riggins, prosecutors said Thursday.

Prosecutors have declined to explain the decision against filing charges.

Benjamin Wayne Diaz, 19, was arrested in Bakersfield a week ago and was extradited to San Joaquin County Jail in French Camp on Wednesday.

Riggins was found beaten to death in his Carlton Way home Nov. 17. A robber stole collectible coins and a few antique guns kept by the 72-year-old retired railroad worker, police said.

The one-time suspect's fate is unclear. He remains in county jail, and a San Joaquin prosecutor said the DA’s office is under the impression that he's wanted on a $50,000 Stanislaus County warrant for reportedly trying to sell marijuana.

Tracy police spokesman Sgt. Tony Sheneman said Diaz will not be released "any time soon."

However, a check of records by Stanislaus County Sheriff's Office Capt. Tim David shows no such warrant, the captain said.

Diaz was arrested in mid-November by the Modesto Police Department on suspicion of trying to sell marijuana, a felony, David said.

A $50,000 homicide warrant from San Joaquin County in Diaz’s name is still in the system, David said, despite the fact that Diaz was taken into custody on that warrant two days ago.

Diaz was scheduled to appear in court Friday afternoon on what were expected to be charges of robbery and homicide before the revelation was made that no charges would be pursued by San Joaquin County prosecutors.

Riggins’ stepdaughter, Rhonda Rallios, could not be reached for comment.

Sheneman said the investigation into Riggins’ death is moving ahead.
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Comments
(7)
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bobbyhope
|
December 22, 2009
yall sound like panzees hahahahah
Reply
LMD
|
December 19, 2009
NO ONE HAS THE RIGHT TO TAKE YOUR REPUTATION,BUT IN BEN'S CASE THEY DID!BUT HE WILL OVERCOME THIS AND WILL WALK WITH HIS HEAD UP HIGH! HERE'S SOMETHING TO THING ABOUT EVERYONE--I HEAR MUCH OF PEOPLE'S CALLING OUT TO PUNISH THE GUILTY...BUT VERY FEW ARE CONCERNED TO CLEAR THE INNOCENT.
Reply
picasso
|
December 19, 2009
I am soooo glad to hear that they are not filing any charges against Ben. I hope they are going a different direction & that he is innocent. People should not be so quick to pass judgment. The real killer is out there somewhere. They need to find him. So Mindimarie or what ever you title was... the "it was me, not your son" spleal, should had been written "it was me, not the killer". Both families here now are victims & Ben's face has been plastered all over the news. So please, in the future, try to let the law do the judging. I just hope & pray that Ben is released & found innocent & the true killer is caught.
Reply
CommentSeven
|
December 19, 2009
This press release sounds a bit convoluted, or intentionally designed specifically NOT to release intimate details on the Riggins' case.

"The San Joaquin County District Attorney's office has declined to file charges against the man arrested Saturday on suspicion of killing Tracy resident Clayton "Cotton" Riggins, prosecutors said Thursday."

"Prosecutors have declined to explain the decision against filing charges."

"The one-time suspect's fate is unclear. He remains in county jail, and a San Joaquin prosecutor said the DA’s office is under the impression that he's wanted on a $50,000 Stanislaus County warrant for reportedly trying to sell marijuana."

"However, a check of records by Stanislaus County Sheriff's Office Capt. Tim David shows no such warrant, the captain said."



Is there some justification for the deliberate ambiguity?

Was this individual connected with any of Mr. Riggin's missing possessions?

Is there some kind of forensic link between Diaz and Riggins?



Or the universal detective ploy to with-hold details only the real killer/killers/accomplice(s) would know and to what extent does Diaz play a role in all this?

"Tracy police spokesman Sgt. Tony Sheneman said Diaz will not be released "any time soon.""

Why? Does he know who did it?

(???)

Reply
FalconPride
|
December 18, 2009
@ Tinfoil - The kid could not have murdered the man because he was "too clean shaven"?? Are you kidding me?! I find your daily posts ASININE and IGNORANT and but greatly entertaining.
Reply
DavidinSeattle
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December 18, 2009
I'm still curious as to why he is being released. I would hate to see an innocent man jailed for a crime he didn't commit but I would be even more sickened to see a guilty man released back into the community with the potential to do even more harm to innocent people due to some silly technicality. Up here in the Seattle area we have recently lost 5 fine officers to twisted individuals who slaughtered unsuspecting people who were doing the job that we asked them to do (defending our safety). I don't want this to happen anywhere especially in my home town of Tracy. When can we feel safe in our own cities and homes? ~DavidinSeattle
Reply
Tinfoil
|
December 18, 2009
I'm glad it was'nt him that murdered the old man. What bothered me was he's too clean-shaven. No observable gang tatoos. His ears are sticking out like Dumbo the elephant. All indications of what I used to be circa 1969. A dumb kid. The $50,000 for selling pot is no biggie. I had $100,000 bail on me back in the old days for simple possession. His present predicament is a wake-up call. There's a good life ahead of him if he dumps his druggie 'friends'. I had to do that and it sure was'nt easy. I really hope that this is one young Hispanic who ends up with all the good things in life looking back on his younger life as a learning-experience.
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