He holds important positions in 17 different companies. Defendant's opening brief reviews their testimony in great detail. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. . After some conversation, Clark took the phone from Debbie. As the prosecutor argued to the jury, that second phone conversation amounts to substantial evidence that defendant intended his wife to take his letter as a threat. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. He was treated as a minor celebrity in nightclubs. Defendant told Tirri all about Cervantes. He did not want to go at first but he was placed in protective custody. When she agreed to cooperate with the police after her residence was searched, she told Sergeants Lewis and Livingston that she had a letter from her husband threatening to have her killed if she cooperated. According to Mendoza, that obligation existed for all regiments throughout Northern California. Ruiz testified that he wrote the kite on his own initiative. He had another message from "Junior," a nickname for defendant. He wouldn't be here if he wasn't helping him . What the Attorney General asserts does not resemble the prosecution's arguments to the jury. (b); 1170.12.) Debbie said that "Sheila" wanted to get on the phone. 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. She asked, " 'Cause I know you, babe, would you really do that?" Please log in or sign up for a free trial to access this feature. The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? That day Debbie went to the office of the investigators and agreed to cooperate. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix . She told defendant that her young son had overheard her and complained about her language. It is the highest category in the NF organization below the generals. . (Vargas, supra, 91 Cal.App.4th at p. Mendoza had spent his teenage years in a Northern gang in San Francisco. 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. Tirri learned that defendant was the regimental commander of the jail. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. (a), subds. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." Theater. He once said a wife could not testify against her husband. He always carried a lot of money and he eventually admitted to her he was involved in selling drugs. Clark was paroled in October 2005. People v. Meneses (2008) 165 Cal.App.4th 1648. The Attorney General provides no record citations for these statements. Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. Cindy told defendant that Greg was going to talk to Pookie. Defendant laughed. "Cana codes" were gang codes used to confuse prison staff. As a teenager he was involved with Norteo street gangs. Join Facebook to connect with Anthony Guillen and others you may know. ' " [Citations.]' Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. ", 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. . [] There are different degrees of unconditionality. Like you said in your letter, I'm like whatever, I mean that." . 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. For a period of time, Vince Tirri was Ramirez's second-in-command. 1014.) 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. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . [Citation.] According to Mendoza, at the time Guillen was pulling Paul into the NF, so they were communicating. Clark said they were close to "finishing the house." El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. 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. Citation. The only crime without a gang enhancement was defendant's active participation in the NF criminal street gang between April 25, 2002, and April 23, 2009 (the date of his indictment (count 1; 186.22, subd. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. .' (Id. at p. 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." Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. with that brown ride." Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. 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. . [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. Debbie said defendant was mad about how Rodriguez had confronted her. (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) The Inner 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.' Tipo de Nmero de. Norteno gang member found guilty of drug possession while. When the drugs were returned to defendant, an ounce was missing. Tirri was arrested in October 2006. The remaining leadership of the organization in Code, 11379, subd. at p. Whether the drugs were brought into the jail for the sake of the gang or not or personal use, I don't know. And so if you make a bad decision, if you remove someone for reasons that are unjust, that person could be subject to discipline by the organization themselves. She transitioned out of the program in September 2010 and stopped receiving financial assistance. (Cf. "[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." The issues were brought before the jury. The prosecution opposed this request. 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. 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. 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." You should consider all of the applicable evidence and determine this issue. At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. 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. Gillotte was not aware that Cervantes actually had been removed by an assault. Instead, what defense counsel argued was: "when she got up on that witness stand and was asked about that letter, and she said, [']well, to tell you the truth,['] or words to that effect, [']I really [didn't] take it seriously at the time. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. You would not." 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 court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). Lewis told her to stay in a hotel overnight. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. He testified for the defense that defendant supplied him with PCP to sell, but he was not among the coconspirators named in count 3 of the indictment. The evidence in this case focused on defendant's conduct as a NF member between April 2002 and April 2009 and his conduct on the street until his March 2007 arrest. 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. 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. 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. And there is an oral warning at the beginning of every phone call. An immediate ability to carry out the threat is not required.". 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. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. "They were shocked," McKeown said of the gangsters when the raids went down, mostly in San Jose and in north Santa Clara County and Modesto and conducted by SWAT officers. "S" was going to be calling her and bringing her the moon stuff. Get browser notifications for breaking news, live events, and exclusive reporting. . "[Defendant] Because you're the only girl that I love . "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. at p. NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." The defense developed no evidentiary basis requiring the court to instruct the jury to decide whether Debbie's fear had one or more causes superseding defendant's threatening letter. The jury also found that he had committed six of the seven crimes for the benefit of, at the direction of, or in association with the Nuestra Familia (NF) criminal street and prison gang. He's to be dealt with ASAP.' Clark was primarily responsible for the day-to-day operations of the regiment. He became a NR member in 1989 and a NF member in 1994. Debbie called Rodriguez and challenged the way he had questioned her. "She" would direct her where to go and it had to be done today. 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. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Shortly after they met again he moved in with her. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. During her next meeting with Sergeant Lewis, he told that that she had to relocate that night. However, count 5 was not predicated on that conversation, but on a letter from defendant to Debbie postmarked August 15, 2007 that included the following passage. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Defendant later told Debbie he was upset because he was supposed to receive the drugs, but Greg got caught with them. The district attorney's office, the FBI, DEA, the California Highway Patrol, the sheriff's office, police from San Jose, Campbell, Santa Clara, Milpitas, Mountain View and Gilroy, county probation, state corrections officials and the Regional Auto Theft Task Force took part in the investigation, McKeown said. 1338.) Debbie lost contact with defendant after her release from the juvenile facility until 2005. "So I would expect that you would find him guilty of those counts, and I would expect that you probably would find the gang enhancement to be true because it was done in association with and for the benefit of." It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. Ct. Nos. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. The "kite" messages also seized in the raids are documents that law enforcement had not encountered, she said. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. Defendant had also served prior prison terms for the possession offenses. ), However, 20 to 30 minutes after this conversation, when a car horn honked and the victim looked out her front door, she saw defendant's friend parked across the street from her home. ", After the jury's verdict, in a sentencing memo and a motion for new trial defendant asked the trial court, among other things, to set aside the jury's separate conspiracies finding and to find "that counts 2, 3 and 4 were one single conspiracy to sell and distribute drugs for the organization." I think it's at leastI don't think you can reject Frank Ruiz's testimony. Defendant had never discussed Cervantes with him. Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. Ramirez became a Category II member in September 1998. A member on freeze is still active, but should not be informed about current gang business. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and While the second conversation was cryptic, probably due partly to their awareness it was being recorded, she posited that he "would not" do that to her. Ramirez was arrested on February 20, 2008. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " Debbie commented, "all that drama just over $400." Guillen was pulling Paul into the NF organization below the generals you should consider all of the alleged. 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