A woman who witnessed a deadly police shooting in Palm Springs in 2012 told the Desert Sun newspaper that the two officers were not in harm’s way when they fired at a Marine’s car in a downtown parking garage. Lesley Diggins, 42, who was only a car-length away from the shooting, said in a federal court deposition that Cpl. Allan DeVillena II never struck a police officer with his car, nor was he driving at an officer when police opened fire. DeVillena, 22, was shot six times in the early morning hours of Nov. 10, 2012, the birthday of the Marine Corps. He and another Marine, Pfc. Clinton Harris, drove to Palm Springs from Twentynine Palms, then parked in the parking garage before heading to the string of bars along Palm Canyon Drive. The criminal investigation was forwarded to the Riverside County District Attorney’s Office in August 2013. Ten months later, the DA’s office has still not decided if anyone involved in the shooting will be charged.