[Citation.] In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. According to Debbie, defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but was not doing it. He was a year or two younger. The inmates are notified in three different ways. WebNorteos 14 - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. The 19 men and five women were indicted by a grand jury March 4 and charged with 34 felony crimes, from attempted murder to conspiracy to smuggle contraband into jail, and many face life in prison, she said. He once said a wife could not testify against her husband. 519.) . She said defendant thought Clark was ignoring them. As they do not involve criminal street gangs in general or the NF in particular, we see no need to distinguish each factually, as the Attorney General has done. In a conversation on August 16, Debbie said, "I got youryour funny letter today." Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. The premise of defendant's assertion of one overarching conspiracy is that everything defendant did was for the advancement and under the direction of the NF gang. The appellate court acknowledged that these words by themselves "did not articulate a threat to commit a specific crime resulting in death or great bodily injury." That day Debbie went to the office of the investigators and agreed to cooperate. at p. Defendant said he did not have to worry about that now and the conversation turned to her suspicions about him writing letters to other women. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. ", We consider Vargas, supra, 91 Cal.App.4th 506 to have been a unique case factually where the prosecution's evidence of one overall conspiracy was apparently so compelling that no reasonable juror could have found the existence of more than one conspiracy. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), He became a NR member in 1989 and a NF member in 1994. After disputing the remaining charges, defense counsel clarified that he was asking the jury to "find my client not guilty of . Before trial, in a motion to set aside the indictment defendant contended that "Counts 2, 3, 4, 6 and 7 should either be set aside or consolidated into one single conspiracy count" instead of being pursued as separate conspiracies. After the jury verdict, he entered a no contest plea to the weapon possession charge and admitted a strike allegation with the understanding that the prosecutor would dismiss the other charge and various enhancements and that defendant would receive a 16-month consecutive sentence for that offense. In May or June 2006, Greg approached Clark about working in defendant's regiment. . Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. 240 saying the letter had to be only a substantial factor in causing Debbie's fear, it would have weakened his absolute position and made it easier for the jury to convict defendant of the criminal threat charge. "Over defense counsel's objection, the court told the jury that the threatening statement does not have to be the sole cause of the victim's fear for her safety and that a statement the victim does not initially consider a threat can later be considered a threat because of a subsequent action or event." 518.) Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. ", Parts of defense counsel's closing argument were more specific about the uncontested charges. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. He received two ounces of PCP from Mario Cisneros every seven to 10 days. His words were that " '[h]e was going to talk to some guys from Happy Town,' " his criminal street gang, because she had " 'fucked up his brother's testimony . "]; People v. Burnett (2003) 110 Cal.App.4th 868, 879 ["No reasonable jury could have found that defendant's actions were not a substantial factor in causing Leo's death or that Leo's death was unforeseeable."].). A member on freeze is still active, but should not be informed about current gang business. Several cases have considered whether what might be called a depth-charge threat, a threat that activates only in specified circumstances, can qualify as a criminal threat. We do not understand the distinction attempted in this last point. We disagree. contains alphabet). / CBS San Francisco. Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. During intake they sign a form acknowledging that phone calls can be monitored. But it says in association with, you might find if it's been proved and the subsequent crimes have been proved.". Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. La Eme ainda est activa? . Norteos. We're not contesting that." La Positiva 31.12.2022. Please enter valid email address to continue. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. "[I]f a defendant, again acting with the requisite intent, makes a sufficient threat that is received and understood by the threatened person, but, for whatever reason, the threat does not actually cause the threatened person to be in sustained fear for his or her safety even though, under the circumstances, that person reasonably could have been placed in such fear, the defendant properly may be found to have committed the offense of attempted criminal threat." Get 1 point on providing a valid sentiment to this Antonio Guillen was not a witness, though he was described by several witnesses. (People v. Osslo (1958) 50 Cal.2d 75, 84.) The kite also stated, " 'Also concerning Bear Cervantes. Clark was primarily responsible for the day-to-day operations of the regiment. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. The court denied defendant's motion, explaining: "What is clear, however, is that this Court has a sua sponte duty to instruct in this area when there was sufficient evidence to support either finding either a single or multiple conspiracies, and I believe that the record is replete with evidence to suggest either theory. In 1992 and 1993 she was convicted and imprisoned for possession of PCP. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. It was a specific threat to have her killed. You better ask somebody." * Enter a valid Journal (must Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. The next rung of leaders in Pelican Bay includes Daniel Stork Perez of Salinas; Anthony Chuco Guillen of San Jose, who was involved in the murder of a Tirri learned that defendant was the regimental commander of the jail. Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. Code, 182, subd. The prosecutor in our case acknowledged to the jury, "Obviously there was a delay because when she became real fearful from that threat from August 15th, until she began cooperating with law enforcement in December of 2007 . It was for the jury "to decide, when she got this letter, it was something that put her in sustained fear as opposed to something else that happened later . On February 27, Cervantes was placed in protective custody. "What you wrote in that letter. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. He answered, "Yeah, you" and asked if she was getting cold feet. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. As this court has said before, "a conspiracy can have multiple criminal objectives." This is mere argument on appeal. Accordingly, the court instructed the jury in terms of CALJIC No. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. (Cf. As the Attorney General states, "the defense theory was that the interactions between appellant and his wife showed that the letter did not cause fear, not that it was only a remote cause of the fear." The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Defendant was "the overall authority in the county jail as the regimental commander . (b); Health & Saf. You should consider all of the applicable evidence and determine this issue. Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. Defendant once told Debbie about a situation in the 1990s when one of the wives got killed for talking after several gang members got arrested for drug sales. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. Greg said Droopy was going to cover it. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. .". Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. The gang's rules were not always followed. at p. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 1671.). The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." Appellate counsel for both sides make some factual arguments not presented to the jury. " (Id. Enhance your digital presence and reach by creating a Casemine profile. No one has to approve it even if the offender is a NR member. When the ally produced a gun, Clark shot them both. They have to know exactly what it is. WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. He testified that one of the NF principles was that NF business should not be discussed with any outsider, wife, or girlfriend, but the rule was not always followed. Debbie testified that she provided methamphetamine and PCP to Cindy at Cindy's request so that she could give them to Greg, who was in jail. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. They did not meet in person at the time. The prosecutor did acknowledge, "during those phone calls that you've heard, it's clear that the Defendant, they have a roller coaster relationship, and they go up and down." So based on that, I am going to give the instruction, but the Meneses case clearly states that the issue is an issue of fact and not an issue of law. [']" Mendoza testified that people break gang rules all the time. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. In 2009, Tirri and defendant were housed together in administrative segregation. Cervantes was returned to jail on January 30, 2009. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. The FBI's Santa Clara County Violent Gang Task Force ran the Oct. 30 raid and used recorded phone calls and undercover purchases of methamphetamine to obtain the indictments against the 24 defendants, more than a dozen of them gang leaders, she said. He's to be dealt with ASAP.' (b)(1)(A).) Debbie testified that when defendant met with other regiment leaders, Ramirez talked about messages he had received from Pelican Bay saying defendant had not been communicating with them and "hasn't paid his dues . He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). And there is an oral warning at the beginning of every phone call. Immediate means the degree of seriousness and imminence which is understood by the victim to attach to the future prospect of the threat being carried out should the condition not be met." Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. We need not closely examine or itemize the distinct details of each conspiracy to determine whether a factual issue was presented regarding the number of conspiracies. Copyright 2015 by CBS San Francisco and Bay City News Service. The Attorney General argues at great length that the assault conspiracies were separate from each other because defendant had different, personal reasons for assaulting Cervantes and not Levyas. 1960s: Origen de la pandilla Dieciocho. He argues that Debbie's fear was caused not by his August 1997 letter, but by the NF's reputation for dealing harshly with snitches. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. He's not authorized to make those kinds of decisions himself." The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. A few minutes later, her sister came home and told her defendant's friend was looking for her. 1338.) Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. If substantial evidence supports the jury's implicit findings, an appellate court should "not substitute its evaluation of a witness's credibility for that of the fact-finder." ( 667.5, subd. Interact directly with CaseMine users looking for advocates in your area of specialization. He has [a] motive . 1272. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. at p. He became a Category III member after his arrest. You would not." 549.) (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). They sometimes spoke during a three-way call involving Debbie. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified The Attorney General asserts that the jury in this case could have reasonably concluded: "the NF's goal was simply to have money put in the NF bank and on the books for members of the NF"; defendant's " methamphetamine and PCP conspiracies were in his private interest, each involving separate, if sometimes overlapping groups, and that while he paid dues to NF and was given street authority by Guillen, the conspiracies alleged were not solely conspiracies with members of the NF solely to fund the NF"; and defendant "did not have an agreement with the NF as such, but rather that any agreement he had was with Guillen, the NF general in Pelican Bay who controlled the street regiments." (b)) on January 8, 2007. November 26, Ruiz told him not to worry about it and just pay it off after his release. Ruiz heard in January 2009 that defendant was no longer on freeze. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. "[A]t the time that that message went out, we know that the only person that had the authority to be the authority behind that kite deeming Bear Cervantes 'no good' was the Defendant. What does Kanpol tattoo mean? It is the commander's responsibility to conduct an investigation before deeming a person no good. According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). And that's Count One, that's being actively involved in a criminal street gang. Williams determined that when separate conspiracies are not alleged, though conspiracy is a theory of culpability, the jury need not be instructed to agree on whether there was a single or multiple conspiracies. An act causes [fear], only if it is a substantial factor in causing the [fear]. Defendant later told Debbie he was upset because he was supposed to receive the drugs, but Greg got caught with them. According to jail inmate John "Boxer" Mendoza, at the same time defendant arrived in jail, so did his codefendants Frank "Joker" Ruiz, a Nuestra Raza (NR) member, and Marco "Huero" Abundiz, a NF member. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. At trial Debbie could not remember "Bear's" real name. (a)(1)) and ammunition (count 2; 12316, subd. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). (Id. He did not want to go at first but he was placed in protective custody. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." . It's not an issue of law. Viramontes turned toward the open garage and tried to run into his home. Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Some kites allude to orders from the alleged top crime boss of the gang, Antonio Chuco Guillen, who commands the criminal enterprise from within a secure When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. While all Nuestra Familia (a)(1).) " ' "If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment." This dialog followed. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Among those arrested and incarcerated in the county jail is 28-year-old Steve "Pnut" Barba, who was convicted last year of stabbing San Francisco 49ers player Aldon Smith in the chest at a party outside Smith's home near San Jose in 2012. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. We observe that it is not unusual in this kind of multi-week, multi-count gang case for the parties on appeal to lose track of the facts presented to the jury and the arguments made by their trial attorneys. Defendant does not appear to have been playing by the NF rules or following its directives. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. However, this court rejected Vargas's contention, stating, "Assuming that more conspiracy counts could have been charged under the facts, the decision to charge defendant with only one conspiracy count was a prosecutorial charging discretion that we do not review. The next rung of leaders in Pelican Bay includes Daniel "Stork" Perez of Salinas; Anthony "Chuco" Guillen of San Jose, who was involved in the murder of a While all Norteo soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains ". Her fear of something happening to her or her son would not end with the end of defendant's trial. The witness then feared for her life and called the police. (c).). , but it's clear that they were moving drugs. Debbie testified that in many of their phone conversations defendant was either telling her to arrange to have Clayton Clark available for the next telephone call or to contact different people and tell them she was collecting money for defendant. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." Defendant said to "let . "She gets on the stand and says, [']you know, I was never afraid, but now all of [a] sudden I'm being asked to wear a wire and work for the police. Ramirez had Abundiz supply him PCP that he obtained from defendant. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. (Health & Saf. Tirri was housed on 2nd East Max. In fact, though Tirri said that he heard Cervantes was assaulted, Cervantes testified that he was never assaulted and that no one had tried to assault him. . The evidence in that case focused on NF activities between 1989 and 1993. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. "My one and only, my sometimes difficult one and only, but, nevertheless, she's mine and I love her to death and I mean that literally. (Id. (Santa Clara County Super. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix . Their paperwork should be reviewed. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Defendant had never discussed Cervantes with him. Debbie admitted at trial that when she received the letter, "at the time I didn't take it, like, real serious because I never thought that I was going to turn on him. ), Mendoza, supra, 59 Cal.App.4th 1333 illustrates that actions by others can also make a threat real after it is uttered. (Id. [Citation.]' Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. Clark kept returning to prison after being released. They are all considered enemies of the gang. Clark said "the black guy was just at my house." Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. According to Mendoza, that obligation existed for all regiments throughout Northern California. Anthony "Chavo" Jacobs is currently in prison, at p. Defendant gave him a quarter pound initially. Gillotte was not aware that Cervantes actually had been removed by an assault. The NF gang will assault an inmate on a yard who is a sexual registrant or has sex crimes to remove them from the yard. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified that, at the time of trial, Antonio "Chuco" Guillen was the general in Pelican Bay State Prison in charge of NF street regiments. And that authority only resides with the regimental commander, and that was the Defendant. Above the phones is a placard saying the same thing. Solis called Debbie on January 8, 2008 and met with her the next day. The Attorney General acknowledges that defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but he was not doing it, according to Debbie. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. I believe his name is Henry Leyva. WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. He was confirmed as a NF member when he returned from Mexico. Debbie testified that she was not afraid when she received the letter in August 2007 because she intended to stand by defendant, but she became afraid in December 2007 and January 2008 when conditions changed and she agreed to cooperate with law enforcement after they searched her residence and confronted her with evidence of her guilt. Gillotte testified that the kite identified its origin as from the "AIC" of "SCCJ MJN 4-B," which stood for Santa Clara County Jail, Main Jail North Unit 4-B. On appeal defendant contends "the trial court should not have instructed the jury to determine whether there existed multiple conspiracies or one single conspiracy, but should simply have consolidated the conspiracy counts into one single count" as the defense had requested. There was no such testimony. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . The prosecutor did not mention this letter in closing argument. When the drugs were returned to defendant, an ounce was missing. Ruiz said he would be on freeze, but not deemed no good. . 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