Jack Ochoa supplied defendant with "ice," methamphetamine. "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. And we know that everyone, you've heard from all of the experts, John Mendoza, Sammy Ramirez, even sex offenders, every one of those individuals that are going to be removed by the organization, there has to be an investigation done into it. According to Mendoza, that obligation existed for all regiments throughout Northern California. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. at p. Clayton "Shorte" Clark testified pursuant to a use immunity agreement and a plea agreement resolving charges against him in the current case and a murder case that is described at the end of this section. at p. The maximum time for a call until the jail changed systems in 2010 was 15 minutes. Defendant asserts that the third one is most comparable to his case. In contrast, being put "on freeze" means the gang was looking into your gang credentials. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. He worked under defendant when they were both in 4-B3. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 1960s: Origen de la pandilla Dieciocho. " " 'There's also a registered sex offender in M-8. Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. Norteno gang member found guilty of drug possession while. Like you said in your letter, I'm like whatever, I mean that." Ruiz told him not to worry about it and just pay it off after his release. And then at the end they send money, in theory, they send money to incarcerated members, and they carry out directives coming from inside of the institution." Do you know what 'wouldn't' means?" "This is a very organized group. Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. [16] While members of the Norteos gang are considered to be affiliated with Nuestra Familia, being a member of Nuestra Familia itself does not signify association as a Norteo. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. After his release from prison, Ramirez contacted regiment leaders Abundiz and Campa and formed his own regiment in Santa Clara County as he had been instructed by Guillen. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. "It even says, 'you better ask somebody.' at p. Defendant laughed. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. The only serious challenge to the first four counts that defense counsel made in closing argument was whether they involved multiple conspiracies or one overall conspiracy. She brought up the letter twice in contemporaneous telephone calls with defendant. Suffice it to say that the jury had reason to disbelieve each one of them. Other evidence that defendant had engaged in multiple drug sales conspiracies was that defendant had at least two different individuals as sources of methamphetamine and PCP, and he provided those drugs to different individuals. While these conspiracies allegedly occupied different time periods, namely January 22 to October 27, 2008, for Leyvas and May 1, 2008, to April 23, 2009 for Cervantes, the documentary evidence of both conspiracies was one kite written by Frank Ruiz on October 21, 2008 and sent to the Elmwood jail facility. "It's a little bit hard to understand about the PCP . In one case, a gang member who threatened a man in front of the man's wife and children was ordered by gang leaders to pay a $500 fine, she said. According to Lewis, that meant more people were interested in buying PCP. ." . WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. While all Nuestra Familia Lewis testified that a money order placed on Guillen's books in Pelican State Prison was found during a February 20, 2008 search of one of Charlie Campas's residences. 1671.). En los aos 60 mientras el idealismo inici una dcada de activismo en contra de la violencia, la marginacin de los barrios de Los ngeles transform a los antiguos pachucos en una nueva clase de pandilla callejera. 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 Most of his arguments are directed at his conviction of threatening his wife (count 5), namely that there was insufficient evidence of a criminal threat, that the evidence established at most an attempted threat because she was not frightened, and that the court should have defined causation sua sponte. As far as he is concerned, there should be no problems with Debbie and PJ helping out with some of the chores around the house when necessary. They did not meet in person at the time. Valdez and Ramirez testified that Guillen was the author of a kite that Valdez took from Ramirez in March 2005 that pertained to the entire NF organization. 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. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. ", Defendant asserts, "the entire thrust of the prosecution's evidence in this case was that all of the drug sales shown, both inside and outside the jail, as well as the planned assaults on Cervantes and Leyvas, were conceived and controlled by the [NF] and its members and agents, and all had the common purpose of furthering the success of the [NF] by generating revenue and disciplining [NF] members, Nuestra Raza members and Nortenos so as to assure that the [NF] rules were followed." WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. . . She said defendant thought Clark was ignoring them. Cisneros brought the PCP in a Victoria's Secret bag and defendant kept the PCP in a pink cloth bag that Debbie got from Victoria's Secret. For a period of time, Vince Tirri was Ramirez's second-in-command. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and 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. (People v. Saling (1972) 7 Cal.3d 844, 852.) Lewis said he did not believe her based on the recorded telephone calls. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. "[I]f we're out there selling drugs, it's supposed to be 25 percent of anything that we bring back, it goes back to the organization off the top. This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. There is a replete record from which there is a sufficient basis in which a jury did make their findings, so the request to grant a new trial or modify the verdict is denied at this time. Debbie had another telephone conversation with Clark on February 16. He is now a "three striker," a person who can face a harsher sentence such as life in prison for committing a felony for the third time, McKeown said. A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. The Ruiz kite, addressed to the Elmwood facility, was intercepted and brought to the attention of Dennis Gillotte, a Correctional Deputy for the Santa Clara County Sheriff's Office. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Within a prison or county jail, the regimental commander has the authority to deem someone no good. at p. . One of the cases cited as favoring presenting the issue to a jury was this court's opinion in Jasso, supra, 142 Cal.App.4th 1213. 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. You're to pay $200. 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 has [a] motive . 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 . . 1342.). (U//LES) Kanpoldirectly translating as south great references aztec numbering and Sureo. Lines in Aztec numbering represent 5, and dots represent 1; two lines and three dots add to 13. CALCRIM No. 549.) Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. Count 2 alleged that defendant and 25 other individuals who were members and associates of his regiment conspired with others to sell methamphetamine between April 25, 2002 and April 23, 2009. According to jail records, Cervantes was taken into custody on May 1, 2008. Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in 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." A member on freeze is still active, but should not be informed about current gang business. (a)). (Id. He wouldn't be here if he wasn't helping him . (Health & Saf. However, no one until now has described this call as threatening. When he returned to custody in January 2008, he was told he needed to get to the fourth floor and he was housed in 4-B, where he met Frank Ruiz. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. .". ), Jasso, which involved three conspiracy counts, relied on the Vargas dictum and concluded "that the court erred in failing to instruct on single versus multiple conspiracies." Solis is a member or associate of the SJG criminal street gang in which Clark was involved. Defendant gave him a quarter pound initially. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. Ruiz did not discuss the kite with defendant before writing it. Algunas He's to be dealt with ASAP.' Any NF member can put someone on the bad news list. March 20, 2015 / 11:00 PM ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. 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 . When he asked which one, she said, "I got that one where you're so funny, 'when death,' well, 'when death does us part,' or something, and 'you better ask somebody.' In the end it's all about money, and how they go about it. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. [] However, if you find beyond a reasonable doubt that there was not one overall agreement, but separate agreements, each accompanied by an overt act, then separate conspiracies have been established. Because removing someone from the organization is something that you can't go back on, and whoever makes the decision is responsible for that decision. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . They sometimes spoke during a three-way call involving Debbie. . In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. 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 According to Sergeant Lewis, Officer Gillotte, John Mendoza, Sammy Ramirez, and Vince Tirri, "only the regimental commander has the authority to order removals in the county jail, and they must conduct an investigation before that order is given." He did not investigate the claim that Leyvas had tried to rape someone's sister. The kite discussed several reported problems in the facility and asked for reports to be filed with 4-B, where Ruiz and defendant were housed in jail. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. The threat need not create an immediate fear. Apellido Apellido Primer Segundo Nmero de la. 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. I believe his name is Henry Leyva. Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. Debbie said that "Sheila" wanted to get on the phone. During a conversation on August 18, Debbie said she wished she could feel defendant. The evidence of a conspiracy to smuggle drugs into the Santa Clara County Jail between January and June 1, 2007 was primarily seven recorded telephone calls, all on April 26, 2007. 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 facility at the Pelican Bay State Prison up north in Crescent City, where he is serving a life sentence for murder, she said. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. Sammy Ramirez testified pursuant to an immunity agreement and a plea agreement dated June 17, 2012 resolving charges arising from the criminal activities of his regiment, including conspiring to sell methamphetamine and PCP, active gang participation, assault involving a deadly weapon or force, and extortion. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. Ramirez had Abundiz supply him PCP that he obtained from defendant. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. She asked, " 'Cause I know you, babe, would you really do that?" ", Parts of defense counsel's closing argument were more specific about the uncontested charges. [Citation.] They would want to make money on it. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) Anthony Tipo de Nmero de. ", Defense counsel was more equivocal about count 4, stating, "I haven't paid a lot of attention to the smuggling charge because, I mean, there's inferences there and [the prosecutor's] point is that if [defendant] was involved in any way in that, that there was a conspiracy to smuggle drugs into the jail. "So he's just relaying information that has been related to him. He's been deemed no good. On December 17, 2007, the police conducted a search of Debbie's residence while she and her housemate, Leslie Frost, defendant's cousin, were present. You better ask somebody." It means you are in bad standing with the organization. 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. When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." Actual cause is used in its ordinary sense in that instruction. He continued to laugh. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. Furthermore, he is chairperson at [']" Mendoza testified that people break gang rules all the time. 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. La Eme ainda est activa? Most sexual offenders are placed in protective custody on a case-by-case basis. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). In a conversation on August 16, Debbie said, "I got youryour funny letter today." 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. They reminisced about how Ochoa used to sell a cut pound of methamphetamine to defendant for $6,500, but he said no one wanted cut stuff anymore and a pure pound cost $20,000. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. Aside from Barba, those indicted as a result of Operation Red October were Arlindo "Gino" Silva, 44; Benjamin "Big Happy" Mendez, 37; Carlos Roman, 40; Cassey Klauer, 27; Colleen Dunn, 51; Daniel "Bird" Millich, 37; Diego "Chucky" Mendoza, 25; Fidadelfo "Lil Sav" Ortiz, 17; Frank "Digit" Cruz, 29; Fred "Maton" Macias, 35; Freddie DeLaCruz, 33; Herman "Chango" Sifuentes, 34; Jacob "Tank" Dominguez, 29, James "Pistol" Gonzales, 33; Jesus "Yoosh" Varela, 30; Juan "Monster" Garcia," 22; Juanita Rivera, 48; Karlee Ochoa, 35; Peter "Payaso" Avila, 29; Raymond "Oldies" Garcia, 35; Rodolfo "Zeke" Rodriguez, 36; Shawn Vernon "Bam-Bam" Lee, 34; and Sonya "Giggles" Rodriguez, 49. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. I didn't discuss it with Lorenzo Guzman. La Positiva 31.12.2022. Get 2 points on providing a valid reason for the above Debbie pointed that that both Bear and Roman were users. It's commission monthlies, they call them monthlies on every member of the regiment is to pay $200, and it goes back to the main bank plus the 25 percent." After some conversation, Clark took the phone from Debbie. They have to know exactly what it is. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. The Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. Who is Danny Popeye Roman? In 2009, Tirri and defendant were housed together in administrative segregation. His nickname is Lencho. . In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. 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 . Who is the original Crip? "It's incredibly dangerous what he did and he is in great danger," McKeown said. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. That's really what it all comes down to when you're talking about [NF]. Because if my baby does me wrong, death going to part us. Removals were always at the direction of gang superiors. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 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 Defendant had never discussed Cervantes with him. [] The word 'immediate' means that degree of seriousness and imminence which is understood by the victim to be attached to the future prospect of the threat being carried out, should the conditions not be met. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. He said gang leaders who are serving life sentences have been able to orchestrate crimes, including murders, throughout California from their cells at a secure housing unit at the Pelican Bay State Prison in Del Norte County by using cell phones that have been smuggled into the prison. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. ['] So much so that she even told the officers, [']it's in the letter. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. Apellido Apellido Primer Segundo Nmero de la. According to Tirri, Ruiz told Tirri that Cervantes had been removed. He said, "I'm not going to, that's what I'm not gonna do. According to Sergeant Lewis, a NF member who is "deemed no good" by a gang member is subject to violent assault by other NF members. (Health & Saf. California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). The kite complained that reports "using only Cana codes" did not identify the authors. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." In defendant's new trial motion, however, he argued that the court should reduce his criminal threat conviction to an attempted threat because the element of sustained fear was lacking. A more significant factual difference is that Vargas described an organization in which NF members on the street made regular contributions to the NF bank. [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. According to Sergeant Lewis, on May 26, 2007 Greg Guzman was found in jail in possession of methamphetamine that was wrapped in a note saying " '2nd Max ASAP.' "The people in this indictment are on a level of sophistication and leadership, and with corroborating evidence, that we have never seen before," she said. (a)(1)) and ammunition (count 2; 12316, subd. 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. "[Defendant] Because you're the only girl that I love . Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. The informant, who agreed to turn state's evidence, is a convict currently in protective custody in the Santa Clara County jail, where his name has appeared on a "hit list" due his assisting law enforcement, she said. It was a specific threat to have her killed. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." The appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. (Vargas, supra, 91 Cal.App.4th at p. Defendant sometimes brought her along when he picked up money and dropped off drugs. 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. Nf are placed in protective custody on a case-by-case basis with Clark on February,... Clark was involved Cervantes was taken into custody on a case-by-case basis, he did not in... Housed at Pelican Bay consists of anthony "chuco" guillen Stork Perez, Anthony Chuco Guillen and Puppet! Determine their status with the NF about why he decided to relocate her February! 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A conversation on August 18, 2008 recognized Livingston as an expert in the area of gangs! In 1979 what it all comes down to when you 're talking about [ NF ] 15 letter, 'm! Gang rules all the time NF ] Rodriguez to put her in contact with Clark on 19!