* Enter a valid Journal (must 518.) [']If you leave me[,] I will kill you. Debbie pointed that that both Bear and Roman were users. While defendant laughed, she continued, "Ass kicking, you can ask somebody." . Debbie said defendant was wondering if she ever got the money. They would want to make money on it. 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. According to Frank Ruiz, there is no protocol to removing sex offenders. However, it does not have to be the only factor that causes the [fear]." The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Mendoza was testifying pursuant to a use immunity agreement as well as a plea agreement of September 9, 2008 resolving charges against him arising partly out of his regiment selling drugs, including conspiracy to sell methamphetamine, active gang participation, possession of heroin, and possession of marijuana for sale. 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. ", 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. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. . We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. 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. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. 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. 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. Code, 11379.5, subd. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. Gillotte attempted to locate Cervantes, but he was not in custody. Viramontes turned toward the open garage and tried to run into his home. . 2015 CBS Broadcasting Inc. All Rights Reserved. ", 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." (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) Cervantes acknowledged that defendant had once fronted him a quarter pound of methamphetamine that Cervantes was unable to sell. [] 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. Documento de Documento de. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. Defense counsel's opening statement was vague about which counts and enhancements he was conceding, stating only, "we believe the evidence will show, and we agree that Mr. Guzman, my client, has been and is a [NF] gang member." She asked him not to leave her. 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.' Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. "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. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " . The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. The jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. At the time, defendant and Gutierrez were housed together in 2nd East Max. In that case, tried in early 1997 (id. He was confirmed as a NF member when he returned from Mexico. / CBS San Francisco. He has [a] motive . (b); Health & Saf. 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. 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 On appeal defendant points to another potential source of Debbie's fear. 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. The Attorney General argues at great length that the assault conspiracies were separate from each other because defendant had different, personal reasons for assaulting Cervantes and not Levyas. They did not meet in person at the time. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. Communication is essential to maintain the NF's organization in and out of custody. Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. .". 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. at p. Facebook gives people the power to share and makes the world In the letter were the statements: " 'Debbie's sister was given the house and kids when Debbie last moved out, so that should be respected. They want to determine their gang credentials and keep out inmates charged with sex crimes. 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. And that's Count One, that's being actively involved in a criminal street gang. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. A threat which may appear conditional on its face can be unconditional under the circumstances. He wouldn't be here if he wasn't helping him . ." The witness then feared for her life and called the police. For example, while defendant regularly supplied Clayton Clark, his second in command, with methamphetamine to sell, defendant did not involve Clark in PCP distribution until after defendant was arrested. In the other two were Frank Ruiz and Marco Abundiz. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. I believe his name is Henry Leyva. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. ( 667, subd. ." The evidence in that case focused on NF activities between 1989 and 1993. .". 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. 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. At trial defendant played a recording of the first call to the jury during his opening statement. [] There are different degrees of unconditionality. As the Attorney General states, "the defense theory was that the interactions between appellant and his wife showed that the letter did not cause fear, not that it was only a remote cause of the fear." 1338.) An act causes [fear], only if it is a substantial factor in causing the [fear]. that . " ' "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." (Ibid. He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. Who is the original Crip? . Vargas discussed an organizational structure involving a Regimental Security Department that appears to have been superseded by having individual regimental commanders reporting directly to the Pelican Bay NF generals. Short of disbelieving Debbie's testimony about her fear, the jury could not have concluded that defendant's letter was not at least a substantial factor in causing her fear. Evidence that Mrs. Guzman might have experienced fears from another source does not mean that the threat did not cause sustained fear." 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 Sureo and white gangs also assault sex offenders. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. The next day, Lewis told her to act like the wife of a NF member. There was evidence at that trial that "[t]he Nuestra Familia (NF) is a prison gang that was founded in September 1968 by inmates at the California State Prison San Quentin (San Quentin). Her testimony that she thought back to the letter with fear once she was considering cooperating with law enforcement was substantial evidence supporting the causation element of the offense. Get 1 point on providing a valid sentiment to this The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. Ruiz testified that he wrote the kite on his own initiative. He had another message from "Junior," a nickname for defendant. In case of any confusion, feel free to reach out to us.Leave your message here. (Jasso, supra, 142 Cal.App.4th at p. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" (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. 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. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Debbie had another telephone conversation with Clark on February 16. In a conversation on August 16, Debbie said, "I got youryour funny letter today." 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). Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified at p. The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. They are all considered enemies of the gang. If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. 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. Is OKC or Tulsa safer? On February 27, Cervantes was placed in protective custody. (b); 1170.12.) Somebody's wife was going to bring it to the guy who takes it in. The threat need not create an immediate fear. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. . (a).) Copyright 2015 by CBS San Francisco and Bay City News Service. A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. 553.) ." The Northerners in Elmwood were required "to follow the directives to remove inmates once they were ordered, and once they were determined and told to remove this person, or that this person was deemed 'no good,' that it was incumbent upon them to remove them with a deadly weapon. 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. Catlin (2001) 26 Cal.4th 81, 156 ["the evidence was overwhelming that paraquat poisoning was at least a substantial factor in, if not the sole cause of, her death. 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. Stephanie used methamphetamine, while Debbie never did. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them.