He was housed in Main Jail North 4-B1 and then 4-B3, a single cell, until February 27, 2009. 518.) The jury was instructed in terms of CALCRIM No. There was testimony about Guillen's communication with leaders of other NF regiments. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. . ." We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. He was confirmed as a NF member when he returned from Mexico. There was testimony in this case that the NF constitution was revised in about 2005. 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. . It's a fact. I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. ". On May 14, he was sent to a jail unit in Elmwood. During a conversation on August 18, Debbie said she wished she could feel defendant. ", 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. Stephanie used methamphetamine, while Debbie never did. "I don't think they have proven their case. The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? . The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. You would not." 1342.). There has to be an incident report explaining any assault. The next day, Lewis told her to act like the wife of a NF member. . Count 7 alleged that defendant and Frank Ruiz conspired with others between January 22 and October 27, 2008 to assault Henry Leyvas, while count 6 alleged that defendant, Ruiz, and another individual conspired with others between May 1, 2008 and April 23, 2009 to assault Daniel Cervantes. Defendant was "the overall authority in the county jail as the regimental commander . Defendant gave him a quarter pound initially. Tirri learned that defendant was the regimental commander of the jail. 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.' The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. (In re George T. (2004) 33 Cal.4th 620, 630-631.) They did not meet in person at the time. 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. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." Evidence that Mrs. Guzman might have experienced fears from another source does not mean that the threat did not cause sustained fear." Before confirming, please ensure that you have thoroughly read and verified the judgment. 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." to help Mr. Guzman. According to Mendoza, this was a coded message saying that defendant was the regimental commander of the Santa Clara County Jail and that Paul Lopez ("PJ") and Rudy Miramontes ("Debbie" or "Dancing Bear"), a NF member, should work with him in that capacity. Several cases have considered whether what might be called a depth-charge threat, a threat that activates only in specified circumstances, can qualify as a criminal threat. 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. 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). He spent time in two other units in Elmwood before being released from custody on September 21, 2008. Debbie testified that when defendant met with other regiment leaders, Ramirez talked about messages he had received from Pelican Bay saying defendant had not been communicating with them and "hasn't paid his dues . This dialog followed. (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). ." (c).). Suffice it to say that the jury had reason to disbelieve each one of them. "It's a little bit hard to understand about the PCP . ", The jury in People v. Solis (2001) 90 Cal.App.4th 1002 (Solis) asked the very questions at the heart of defendant's arguments during deliberations about a criminal threat charge. 620 [when more than one cause of death]. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. It concluded that the trial court "in response to the jury's questions, properly informed the jury that the threatening statement does not have to be the sole cause of the victim's fear and that a statement the victim does not initially consider a threat can later be seen that way based upon a subsequent action taken by a defendant . Clark said his boy had not heard from Ochoa yet. WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. . He did not deal directly with defendant because he heard defendant "was really hot.". It is up to the conspirators to establish the primary goal or goals of the conspiracy. This was a theme defendant had sounded in his opening statement ("what she's really afraid of is going back to prison," "she wasn't afraid of him, and her real fear happened after the police essentially gave her no choice"), but he did not elaborate on this theme in closing argument, perhaps because it was unsupported by Debbie's testimony. ' " [Citations.]' ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. So long as a NF member was present in jail, a NR member could not put someone on the bad news list. 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. It is a question for the fact-finder to determine when a charged conspiracy has ended, "considering the unique circumstances and the nature and purpose of the conspiracy of each case." Without citing Solis, the Attorney General argues, "Section 422 does not state that the fear from the threat must be the sole source of fear that a victim experiences after receiving the threat. ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. But it says in association with, you might find if it's been proved and the subsequent crimes have been proved.". Defendant and Clark obtained methamphetamine from Jack Ochoa. She told defendant that her young son had overheard her and complained about her language. While all Norteo soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains 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. NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." Antonio Guillen was not a witness, though he was described by several witnesses. WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. The maximum time for a call until the jail changed systems in 2010 was 15 minutes. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. [']" Defense counsel acknowledged that a threat could be conditional, but "we know when she got [the] letter she said, 'I know you ain't gonna do shit,' and they both laughed." 1338.) Any NF member can put someone on the bad news list. First, there is a subjective component, that the threat actually caused sustained fear. It is true that, after Rodriguez questioned Debbie during a January 18, 2008 phone conversation about why she had not mentioned the search of her house, she told Sergeant Lewis that she was afraid of being exposed as an informant. While there was no dispute that defendant was a NF member, there was evidence that defendant disobeyed the gang's directive to devote a portion of the proceeds of regiment drug sales to the gang. 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. Anthony "Chavo" Jacobs is currently in prison, Code, 182, subd. . Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. Defendant encouraged her to be more independent because he was not able to be there for her. The Attorney General also explains how federal decisions have differentiated " 'vertical' " or " 'chain' " conspiracies from " 'hub and spoke' " conspiracies, while acknowledging the distinction "is of only limited value in determining whether an illegal drug distribution network is one or more conspiracies. (Health & Saf. ['] Shut the hell up. 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. 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. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. In 1992 and 1993 she was convicted and imprisoned for possession of PCP. According to the probation report, by May 29, 2012, the first day of testimony in this case, 25 of defendant's codefendants had been convicted of conspiracy. 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. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." "What you wrote in that letter. While he was in prison, he was involved in removals, which usually involved one inmate slashing the face of a gang enemy, after which "the bombers step in with two people who physically assault the individual so the person that was slicing them can get away." Facebook gives people the power to share and makes the world Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. Somebody's wife was going to bring it to the guy who takes it in. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. Ruiz said he would be on freeze, but not deemed no good. He said he would be paying her money for defendant. (Ibid.). Viramontes turned toward the open garage and tried to run into his home. In other words, defendant is asking this court to believe the testimony of Ruiz, apparently rejected by the jury, that when he wrote the kite in October 2008, defendant had been temporarily stripped of authority and placed "on freeze" by a mysterious kite that Ruiz destroyed after reading. According to Mendoza, sex offenders are not automatic gang targets. Had defense counsel asked for an instruction like CALCRIM No. You can listen to the evidence on that, and then you can decide." After some conversation, Clark took the phone from Debbie. Defendant said he was putting something else in, "a little moon stuff." Jack Ochoa supplied defendant with "ice," methamphetamine. (Santa Clara County Super. ." According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. 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. (Cf. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. 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. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. As the jury was instructed, case law has established that some conditional threats still qualify as "so" unconditional as to convey the serious intention of the utterer and a future prospect of execution to the listener. 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. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. 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. ( 667.5, subd. 553.) According to jail records, Cervantes was taken into custody on May 1, 2008. Sigue activa La Eme? Lewis offered her witness relocation and no charges for her cooperation. Please log in or sign up for a free trial to access this feature. She said she told Rodriguez she had to report to defendant, not to him. Documento de Documento de. Anthony "Chavo" Jacobs is currently in prison, The remaining leadership of the organization in Defendant told Tirri all about Cervantes. 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. 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." Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. The Nuestra Familia gang, based on evidence from captured kites, even has an internal code of conduct. . Defendant said he did not have to worry about that now and the conversation turned to her suspicions about him writing letters to other women. There were four cells. On appeal defendant points to another potential source of Debbie's fear. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. Clark's assistance to defendant from outside jail was limited, as he was involved in a shootout at his apartment on July 29, 2007, that led to his relocation to Mexico. at pp. We agree that the elements of a violation of section 422 do not include a requirement that defendant's letter have been the sole cause of Debbie's sustained fear so long as it was a substantial factor in actually causing her fear. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). According to Sergeant Lewis, a sex offender living in a gang member's area in jail could be assaulted without anyone's prior approval. Clark kept returning to prison after being released. One objective of the NF is " 'to build the organization on the outside, become self-supporting, work with those in alliance, any and all illegal ventures to build the funds that can be utilized to take care of members behind the walls or drug deals on the streets.' Debbie commented, "all that drama just over $400." Some law enforcement agents speculate that Documento de Documento de. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. It was for the jury to determine their credibility. . According to Lewis, Debbie kept bringing up a threatening letter. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. fat ass know . The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. (Id. CALCRIM No. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. When the ally produced a gun, Clark shot them both. 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. 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