Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. 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. . 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. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. . During a recorded call on December 14, 2007, before Debbie agreed to cooperate with law enforcement, she asked defendant if he remembered his friend "Bear," for whom he had done tattoos. The messages, written in English with in micro-lettering on tiny pieces of paper, sometimes use codes, such as female names in place of specific men and even the titles of popular films, according to prosecutors. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. Clark was aware that defendant was selling PCP he received from Mario. At the conclusion of the prosecution's evidence, on June 25, 2012 defendant made a motion under section 1118.1 based on a refused instruction he had proposed dealing with the issue of single versus multiple conspiracies. La Positiva 31.12.2022. There was no evidence of a reciprocal communication from defendant to Guillen. When the ally produced a gun, Clark shot them both. The evidence in that case focused on NF activities between 1989 and 1993. Who is Danny Popeye Roman? Ct. Nos. That day Debbie went to the office of the investigators and agreed to cooperate. His implicit premise is that the trial evidence as a matter of law proved the existence of one overall conspiracy that involved the commission of the five separate crimes. Droopy told Cindy that Kelly would be calling her the next day. Please enter valid email address to continue. [13] Mientras que los miembros de la pandilla los Norteos son considerados soldados de a pie de Nuestra Familia, el ser miembro de Nuestra Familia no significa que tenga asociacin con los Norteos. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." ), However, that premise did not apply to this trial. Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. No one has to approve it even if the offender is a NR member. However, the commission of the specific crimes, and the drawing up of plans required to commit them, were all in pursuance of the overriding purpose of the NF, which was to establish power through the use of crime, force, and fear, and to use that power to further strengthen and perpetuate itself by killing its enemies, raising money for the gang, and instilling obedience and discipline among its members by killing members who break its rules. The inmates w 1338.) Citation. Algunas At trial she denied appellant's words alone frightened her." In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. A threat which may appear conditional on its face can be unconditional under the circumstances. According to Sergeant Lewis, when Debbie began cooperating, she spoke with two intermediaries of Clayton Clark, one named Anthony Solis and his cousin Moses Rodriguez. 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. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. (a)(1)) and ammunition (count 2; 12316, subd. "She" would direct her where to go and it had to be done today. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Facebook gives people the power to share and makes the world Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. Vince Tirri, a member over time of the Campa, Mendoza, and Ramirez regiments, testified pursuant to a use immunity and a plea agreement resolving charges of active gang participation, conspiracy to sell methamphetamine, and two counts of forcible assault with a gang enhancement. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." 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 WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. People v. Meneses (2008) 165 Cal.App.4th 1648. Algunas According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. And we know that the Defendant actually told Vince Tirri whey they were housed together in the Super Max that he told Vinni Tirri that the reason why he had Danny Cervantes removed and deemed him - well, not removed, but why he deemed him 'no good' was "because Danny Cervantes owed him a $400 drug debt . Their paperwork should be reviewed. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. It's not an issue of law. It is the highest category in the NF organization below the generals. "Frank Ruiz said, ['] well, I was running this as the overall authority. While all Norteo soldiers and We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. Mendoza described what he considered to be an indirect communication by Guillen to defendant. Before his incarceration in 2007, he sold methamphetamine and PCP. As they lived together, she learned of his gang involvement. We're not contesting that issue. Shortly after 1:00 p.m., Cindy Mendoza was involved in two concurrent phone calls on different telephones, one with defendant and the other with his brother Greg, Cindy's boyfriend. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix . WebNorteos 14 - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. His regiment sold more methamphetamine than PCP. In the end it's all about money, and how they go about it. " " 'There's also a registered sex offender in M-8. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. While she was cooperating with the police, "it was Solis and Rodriguez, on behalf of Clayton Clark, who made threatening phone calls to her, expressing suspicion that she was cooperating with law enforcement . In May or June 2006, Greg approached Clark about working in defendant's regiment. Yes, American Me is based on a true story.While the film deviates to create imaginary characters and events, the basics of the story remain tethered to reality. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Is OKC or Tulsa safer? November 26, According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. Gillotte attempted to locate Cervantes, but he was not in custody. Join Facebook to connect with Anthony Guillen and others you may know. Cervantes still acknowledged it was his fault. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. This was a theme defendant had sounded in his opening statement ("what she's really afraid of is going back to prison," "she wasn't afraid of him, and her real fear happened after the police essentially gave her no choice"), but he did not elaborate on this theme in closing argument, perhaps because it was unsupported by Debbie's testimony. 1014.) At the time, defendant and Gutierrez were housed together in 2nd East Max. We assume that defendant is referring to the five conspiracies described in his summary of counts 2, 3, 4, 6, and 7 of the indictment. . (Ibid. There was testimony in this case that the NF constitution was revised in about 2005. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. . WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. Somebody's wife was going to bring it to the guy who takes it in. Without citing Solis, the Attorney General argues, "Section 422 does not state that the fear from the threat must be the sole source of fear that a victim experiences after receiving the threat. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. Ramirez became a NR member in December 1995 and a NF member in September 1997. at pp. Unspecified section references are to the Penal Code. A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. Even if each gang member had uniformly testified that the gang controlled all his thoughts and actions and those of other NF members, the jury would not have been required to believe them. She asked him not to leave her. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. According to Mendoza, sex offenders are not automatic gang targets. A person's intent must often be inferred from circumstantial evidence. We're not contesting that." [']" Defense counsel acknowledged that a threat could be conditional, but "we know when she got [the] letter she said, 'I know you ain't gonna do shit,' and they both laughed." I believe his name is Henry Leyva. The shootings led to charges of murder involving personal discharge of a firearm and attempted murder involving personal discharge of a firearm causing great bodily injury, among the charges resolved by Clark's plea agreement. . This court recognized that "[a] trial court is required to instruct the jury to determine whether a single or multiple conspiracies exist only when there is evidence to support alternative findings." Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. (Id. The threat need not create an immediate fear. On appeal he asserts they had a contentious, roller-coaster relationship "sometimes resulting in threatening statements from both parties" and he points to their first phone conversation about the letter on August 16, 2007 to illustrate his intent. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. It is up to the conspirators to establish the primary goal or goals of the conspiracy. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. (Id. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. Documento de Documento de. He did not deal directly with defendant because he heard defendant "was really hot.". ", Pursuant to this instruction, in addition to finding defendant guilty of the conspiracies alleged in counts 2 (to sell methamphetamine), 3 (to sell PCP), 4 (to smuggle a controlled substance into a penal institution), 6 (to assault Daniel Cervantes with a deadly weapon and 7 (to assault Henry Leyvas with a deadly weapon), the jury made a special finding that these five conspiracies "were separate and distinct. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. Clark said he had asked Rodriguez to ask her what happened. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. (b)(1)(A).) Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary . Latin mexican traditions norteno. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. It was seized during the search of her residence but not identified until a day or two later. Tirri was arrested in October 2006. " (Id. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 553.) Roman said he had not touched it. 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. 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. Apellido Apellido Primer Segundo Nmero de la. He was on parole when they met. In that case, tried in early 1997 (id. Tirri learned that defendant was the regimental commander of the jail. Clark was primarily responsible for the day-to-day operations of the regiment. (In re George T. (2004) 33 Cal.4th 620, 630-631.) Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. According to Sergeant Lewis, a sex offender living in a gang member's area in jail could be assaulted without anyone's prior approval. (People v. Hardy (1992) 2 Cal.4th 86, 143.) WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. Another kite threatened someone to do a "removal," a term for murder, saying, "You are to conduct a removal within two or three weeks and if you don't, you will face violence," she said. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." . They called each other only about important matters like the prices of dope. He asked for the court, in advance of submitting the case to the jury, to either dismiss counts 2 and 3 or consolidate them into a single count. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . . On appeal Vargas argued that the trial court deprived him "of his state and federal constitutional rights to a trial by jury and due process by failing to instruct the jury to determine the essential factual question whether one or multiple conspiracies existed." The letter (Exhibit 168) does not appear in the record on appeal. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. That's really what it all comes down to when you're talking about [NF]. ['] Shut the hell up. Copyright 2015 by CBS San Francisco and Bay City News Service. 231.). Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. ", The jury in People v. Solis (2001) 90 Cal.App.4th 1002 (Solis) asked the very questions at the heart of defendant's arguments during deliberations about a criminal threat charge. He answered, "Yeah, you" and asked if she was getting cold feet. 1300 has a technical meaning peculiar to the law that requires definition. Clark called Debbie on February 5, 2008. There is a standing order for the gang to assault a sex offender who is housed with a gang. We won't be contesting that issue. Defendant had never discussed Cervantes with him. Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. That case, tried in early 1997 ( id focused on NF activities between 1989 and 1993. who is with. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting not directly. A lack of proof that he intended his wife to take his letter as a threat I running... 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