(Id. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." Debbie said she would tell Ochoa to call. On appeal defendant points to another potential source of Debbie's fear. When due for release from prison in March 2005, guards caught Ramirez with a kite that included a rewritten NF constitution and a message from Anthony "Chuco" Guillen, one of the NF generals in Pelican Bay Prison, regarding the loss of authority of the NF generals who had been relocated to federal prisons. (b); 1170.12.) NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. The Nuestra Familia gang, based on evidence from captured kites, even has an internal code of conduct. 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 . 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. ), We accept the premise that when there is a factual dispute about whether a criminal defendant's conduct was among the causes of a victim's fear, injury, or death, the trial court sua sponte must give instructions about proximate causation and intervening, superseding causes. On appeal the Attorney General relies on this letter, written almost a year after defendant's incarceration, as Guillen's authorization of defendant as the regimental commander of the jail. (a)(1)) and ammunition (count 2; 12316, subd. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. Ruiz did not discuss the kite with defendant before writing it. Apellido Apellido Primer Segundo Nmero de la. While all Nuestra Familia It's not an issue of law. She asked if "those kids" had given Clark her messages and he answered yes. She said defendant thought Clark was ignoring them. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. (Ibid.). . Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. at pp. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. . In 2009, Tirri and defendant were housed together in administrative segregation. I'm going to have to stay gone. Greg said he wanted some for himself. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. [Citation.] March 20, 2015 / 11:00 PM 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. 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. [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. At 1:36 p.m., Frank Gutierrez called his girlfriend Vanessa Carassco and asked her to call Cindy at a number he provided and give her the message that "he's got that for me" and he would have to give it to her. "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. ", 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. What is the biggest gang in California? They've done it since the 60s.". According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. She asked him not to leave her. ", Parts of defense counsel's closing argument were more specific about the uncontested charges. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. According to Tirri, Ruiz told Tirri that Cervantes had been removed. Is OKC or Tulsa safer? When he was 17 he was involved in a Norteo gang called Westside Gardens. The prosecutor did not mention this letter in closing argument. 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. He has [a] motive . This is mere argument on appeal. ". His son Danny and Stephanie helped. Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. (Id. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. (People v. Hardy (1992) 2 Cal.4th 86, 143.) He did it on his own." Ruiz told him not to worry about it and just pay it off after his release. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. Therefore, the evidence establishes that Debbie Guzman was placed in fear not by the August 2007 letter, but rather the actions of the police in making Debbie wear a wire and testify against gang members. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. Debbie lost contact with defendant after her release from the juvenile facility until 2005. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. 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. 1340. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). You can listen to the evidence on that, and then you can decide." November 26, 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. Anthony "Chavo" Jacobs is currently in prison, The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. 520-529.). Tipo de Nmero de. ", 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. At trial defendant played a recording of the first call to the jury during his opening statement. Jack Ochoa supplied defendant with "ice," methamphetamine. 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." Sureo and white gangs also assault sex offenders. ['] 'Death will part us.' We cannot say as a matter of law that there was no evidence to support alternative findings about the number of conspiracies or their objectives. As we have explained above, defendant did not acknowledge to the jury that his letter caused her any fear at all. And she even gave him on that phone call, an out; an opportunity to say, [']no[, t]hat was just a joke[, t]hat was just a joke['] because she specifically came back to it and asked him about it, and she said, 'you wouldn't really do that to me,' and he said, 'yeah, I would.' I didn't discuss it with Lorenzo Guzman. There is a standing order for the gang to assault a sex offender who is housed with a gang. However, no one until now has described this call as threatening. Anthony (Id. (a).) 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. ", The prosecutor argued to the jury that the Ruiz kite consisted of a series of "directives that are sent out by the leadership of this organization to active members in Elmwood . She told him, "if you fucking write that ho back your fucking dick will be up your ass." I always thought I was going to be with him, so I wasn't really afraid at that time.". ), After the jury convicted defendant as charged and made a special finding that the five charged conspiracies "were separate and distinct," in bifurcated proceedings defendant admitted allegations of three prior convictions, one for attempted murder and two for possession of controlled substances. Founded 1968; Allies: Nuestra Familia Hells Angels Outlaws Motorcycle Club People Nation CJNG Crips {in some state such as Washington and Citation. What does Kanpol tattoo mean? Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. Within a prison or county jail, the regimental commander has the authority to deem someone no good. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. 211398 & 211138). He asked why she had not disclosed that the police had searched her house. Code, 11370.2, subd. change. 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. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. Debbie resumed using PCP with defendant in 2006. 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 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. 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. Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' The witness then feared for her life and called the police. He asked for the allegation against defendant to be deleted because defendant was not involved. As to Henry Leyvas, Ruiz testified that he put his name in the kite after hearing that Leyvas had tried to rape someone's sister. The key documentary evidence of two conspiracies was a single kite (Exhibit 412) that was dated October 21, 2008 and signed by "C/R Calpolli." (a)(1).) On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. Interact directly with CaseMine users looking for advocates in your area of specialization. The Inner WebMariano Chuy Martinez Varrio Nuevo Estrada was tried separately as he faced a possible death sentence for his involvement in the crimes detailed in the indictment. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. Apart from Ruiz's testimony that defendant was temporarily removed from his position as the overcall NF jail authority when Ruiz wrote the kite, the prosecution's evidence established that defendant was the only NF authority in the Santa Clara County Jail who could authorize removals and that he had a motive to deem Cervantes no good, namely an unpaid drug debt. WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. After they married, defendant told her he was in Category II of the NF and ran the local streets. . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Defendant asserts, "When she chose to cooperate, she of course feared the [NF]; but that fear was no greater because of her husband's letter than it would have been without the letter." The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). Lewis told her to stay in a hotel overnight. " ' "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." In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." In that conversation she again brought up whether he meant what he had written, even though they had laughed about it during a conversation two days earlier. However, it does not have to be the only factor that causes the [fear]." You better ask somebody." Defendant taught Debbie how to package methamphetamine and PCP for sale. The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. This was not what defendant argued to the jury. It would be against protocol to delegate that authority. at p. Gillotte spoke with Leyvas about going into protective custody. Code, 11379, subd. 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. 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 . Debbie testified that she knows what defendant is capable of. 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. Gutierrez called Vanessa a third time at 3:45 p.m. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. 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. If you have found the Defendant guilty of more than one coun[t] of conspiracy, you must then determine whether there was one overall conspiracy to commit multiple crimes, or whether there were separate conspiracies. He was a year or two younger. The gang's incarcerated leaders order the state's Norteno members to commit violent street crimes, from murders to assaults, robberies, burglaries, illegal drug sales and witness intimidation using kites at times smuggled in the rectums of gangsters who violate their parole in order to gain temporary entry to county jail, she said. Clark was paroled in October 2005. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. 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. Clark was aware that defendant was selling PCP he received from Mario. "[E]ven if the evidence would support a finding that Mr. Guzman's letter was written with the requisite intent, and that it was the type of threat that reasonably could have caused Mrs. Guzman to be in sustained fear for her safety, the record does not support a conclusion that the threat actually caused her to be in such fear, because her fear was due to other causes, not the letter, and in other words, she would have had the same fear with or without the letter, for the reasons" already asserted. And, again, immediateobviously, the Defendant does not have someone right there at the time the letter is read to carry out the threat, but that's not what the law requires. Asked if `` those kids '' had given Clark her messages and he answered yes Bad Boy walked the... Of fact for the jury that his letter caused her any fear at.... Attempted criminal threat had 'snitched on Pablo Pena, Panther. 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