El liderazgo restante de la organizacin en Pelican Bay consiste en Daniel Stork Prez, Anthony Chuco Guilln y George Puppet Franco. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. . 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. She attended some of his meetings with leaders of other local NF regiments, including Charlie "Brown" Campa, Sammy "Black" Ramirez, and Marco "Red" or "Huero" Abundiz. 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 After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. --------. Please log in or sign up for a free trial to access this feature. Soon after that conversation, Lewis put Debbie and her son into a witness protection program. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). Defendant said he had deemed Cervantes no good. . The court accepted Mendoza as an expert on NF, NR, Norteos, and Northerners, both in prison and on the streets based on his gang history. 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. According to Correctional Deputy James Kirkland of the Sheriff's Office, all telephone calls from the Santa Clara County Jail are recorded, except for calls going to lawyers and the clergy. Droopy told Cindy that Kelly would be calling her the next day. That's really what it all comes down to when you're talking about [NF]. ( 422. During her next meeting with Sergeant Lewis, he told that that she had to relocate that night. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. 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. The decision to kill Rosas, being one in furtherance of the overriding purpose of the conspiracy, was part of the overall conspiracy, and hence cannot be the basis for filing a separate charge of conspiracy." . The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 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." (Id. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. Cervantes was returned to jail on January 30, 2009. The record citations do not support this contention. Ruiz destroyed that kite. A substantial factor is more than a trivial or remote factor. Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. When the ally produced a gun, Clark shot them both. "[H]e was acting smart and he was acting rude and he was like saying how come you didn't tell us your house got raided . 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. . She read him the search warrant. He was brought to the Santa Clara County Jail in August 2007 to face a charge. In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. Cervantes acknowledged that defendant had once fronted him a quarter pound of methamphetamine that Cervantes was unable to sell. (a).) Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary 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. The evidence in that case focused on NF activities between 1989 and 1993. Debbie called Rodriguez and challenged the way he had questioned her. 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 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. (Id. 519.) 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. "Frank Ruiz said, ['] well, I was running this as the overall authority. 1223.) WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Copyright 2015 by CBS San Francisco and Bay City News Service. 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. He was housed in Main Jail North 4-B1 and then 4-B3, a single cell, until February 27, 2009. Evidence that defendant conspired to sell methamphetamine (count 2) and PCP (count 3) in association with the NF gang between April 25, 2002, and April 23, 2009 also proved his active participation in a criminal street gang (count 1). Gillotte spoke with Leyvas about going into protective custody. 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. Defendant later told Debbie he was upset because he was supposed to receive the drugs, but Greg got caught with them. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified ". Solis is a member or associate of the SJG criminal street gang in which Clark was involved. According to Frank Ruiz, there is no protocol to removing sex offenders. He did it on his own." ", 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." Within a prison or county jail, the regimental commander has the authority to deem someone no good. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. On February 27, Cervantes was placed in protective custody. Moreover, this court did not recognize any prejudice to defendant being charged with one conspiracy instead of multiple conspiracies. She initially denied any involvement in distributing drugs. 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. Cindy told defendant that Greg was going to talk to Pookie. Any NF member can put someone on the bad news list. The letter (Exhibit 168) does not appear in the record on appeal. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. September 1, 2010 / 9:38 AM / CBS San Francisco. Norteno gang member found guilty of drug possession while. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. It was not based on the debt owed defendant. In contrast, being put "on freeze" means the gang was looking into your gang credentials. At trial Debbie could not remember "Bear's" real name. [] 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. Daniel "Bear" Cervantes was the alleged victim of the assault conspiracy in count 6. Tirri became a NR member in April 2001. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. She recorded their conversation. The prosecution opposed this request. We focus on the evidence relevant to the issues and arguments on appeal. 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. He's to be dealt with ASAP.' ." 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). When the drugs were returned to defendant, an ounce was missing. At that moment, the threat became very real. 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. (b)(1)(A).) The maximum time for a call until the jail changed systems in 2010 was 15 minutes. No matter how compelling the proof was in the 1997 trial in Vargas, the resulting appellate opinion does not prove a single fact in this case. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' It would be against protocol to delegate that authority. 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 if "those kids" had given Clark her messages and he answered yes. Defendant asserted the incongruity of the prosecution alleging multiple conspiracies while also arguing that many hearsay statements by different individuals were admissible as statements of coconspirators in support of a single conspiracy. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. Defendant had also sent Carlos Roman to collect on the debt. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. Clark dealt with four people, each of whom had a crew working for him. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. At the time, defendant and Gutierrez were housed together in 2nd East Max. "It's never going to end. Stephanie used methamphetamine, while Debbie never did. He has [a] motive . ", 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 attempted murder was a serious felony for which he had been tried separately and served a prior prison term. The indictment charged that defendant conspired to assault Leyvas between January 22 and October 7, 2008 and Cervantes between May 1, 2008 and April 23, 2009 (the date of the indictment). 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.' [Laughs] I started rolling. 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. "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. It's not an issue of law. 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 key documentary evidence of two conspiracies was a single kite (Exhibit 412) that was dated October 21, 2008 and signed by "C/R Calpolli." Interact directly with CaseMine users looking for advocates in your area of specialization. Defendant gave him a quarter pound initially. 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 . Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). Code, 11370.2, subd. After disputing the remaining charges, defense counsel clarified that he was asking the jury to "find my client not guilty of . (Id. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. "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." It means you are in bad standing with the organization. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). ( 186.22, subd. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. 1340. . 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. 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. The girls got to learn how to clean house and learn to live and work together.' "[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. For the reasons stated below, we will affirm the judgment. Thus his removal was just.' Ruiz testified for the defense that after he was incarcerated in 2007 in the Santa Clara County Jail, he learned that defendant was the overall jail authority. 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. Cervantes still acknowledged it was his fault. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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." WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. "They are literally using the bodies of their members as mules to run their gang," she said. We have summarized above (in part II.A.5) the evidence that members of other regiments were paying dues to incarcerated leaders of the NF, but there was no similar evidence that defendant had paid any NF dues or put any money on Guillen's books or in a NF bank. She thought back to that threat, and that threat made her think, [']my husband is going to have m[e] killed if I make this decision. A threat which may appear conditional on its face can be unconditional under the circumstances. [Citation.] Under that standard, " 'an appellate court reviews the entire record in the light most favorable to the prosecution to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find [the elements of the crime] beyond a reasonable doubt.' He said he would be paying her money for defendant. He received two ounces of PCP from Mario Cisneros every seven to 10 days. Defendant asked Clark if he was done with the four "apartments." She told defendant that her young son had overheard her and complained about her language. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . 554.) Defendant was "the overall authority in the county jail as the regimental commander . Who started the Norteos? It ended, "Love you, always, your husband.". According to Lewis, Debbie kept bringing up a threatening letter. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Tipo de Nmero de. "[Defendant] Because you're the only girl that I love . (b); 1170.12.) Documento de Documento de. (Health & Saf. 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 . ( 4573.). 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." Clark said they were close to "finishing the house." 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. (Id. Every time she returns to Santa Clara County she fears for her life. Debbie said defendant was wondering if she ever got the money. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. In May or June 2006, Greg approached Clark about working in defendant's regiment. 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." .' Whether the drugs were brought into the jail for the sake of the gang or not or personal use, I don't know. 539, 543), various NF members testified about the organization and its criminal activities between approximately 1989 and 1993. Tirri was arrested in October 2006. [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. 553.) "So he's just relaying information that has been related to him. While all Nuestra Familia / CBS San Francisco. The Attorney General provides no record citations for these statements. Debbie had another telephone conversation with Clark on February 16. ", Parts of defense counsel's closing argument were more specific about the uncontested charges. ' " [Citations.]' Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . In 2009, Tirri and defendant were housed together in administrative segregation. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. (a)). When Debbie was on the witness stand, she was not asked if her fear of NF reprisal would have been the same without defendant's letter. There is a standing order for the gang to assault a sex offender who is housed with a gang. .". N]ow, I understand he has motive to help[] the actual gang member. (Id. 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