Pursuant to a use immunity and a plea agreement described below (in part II.D.1), Vince Tirri testified that when he served as second-in-command of Ramirez's regiment, one of his duties was collecting monthly dues. When they met later that day, Rodriguez paid her $100. According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Debbie said defendant was wondering if she ever got the money. The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. However, it does not have to be the only factor that causes the [fear]." He was brought to the Santa Clara County Jail in August 2007 to face a charge. Theater. His nickname is Lencho. On appeal defendant contends that the trial court erred in allowing the jury to decide whether he was involved in five separate conspiracies as charged, or whether some or all of the charged conspiracies amounted to one overall conspiracy. However, no one until now has described this call as threatening. 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. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. In that case, tried in early 1997 (id. According to Mendoza, sex offenders are not automatic gang targets. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. . [] 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. Defendant had also served prior prison terms for the possession offenses. What the Attorney General asserts does not resemble the prosecution's arguments to the jury. The Attorney General provides no record citations for these statements. However, this court rejected Vargas's contention, stating, "Assuming that more conspiracy counts could have been charged under the facts, the decision to charge defendant with only one conspiracy count was a prosecutorial charging discretion that we do not review. at pp. Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in 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. "My one and only, my sometimes difficult one and only, but, nevertheless, she's mine and I love her to death and I mean that literally. 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 . She initially denied any involvement in distributing drugs. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 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." [] There are different degrees of unconditionality. Ruiz testified that he wrote the kite on his own initiative. I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. . Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. (a), subds. In fact, though Tirri said that he heard Cervantes was assaulted, Cervantes testified that he was never assaulted and that no one had tried to assault him. 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 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 The prosecutor attached importance to this second post-letter conversation in argument to the jury. 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. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. For the same reason we will do the same for other individuals, such as defendant's brother Greg. ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). "They are literally using the bodies of their members as mules to run their gang," she said. At trial she denied appellant's words alone frightened her." Solis is a member or associate of the SJG criminal street gang in which Clark was involved. Who is the leader of the sureos? . COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. Because removing someone from the organization is something that you can't go back on, and whoever makes the decision is responsible for that decision. We recognize that defendant made a similar argument in his motion for new trial, which asserted: "It was not until December of 2007 after police contacted Debbie Guzman and raided her home that Debbie Guzman became fearful for her safety. It will never end. Code, 11379, subd. Count 5 did not allege a conspiracy, but simply that defendant had threatened his wife with great bodily injury or death between August 1 and 20, 2007. Mendoza had spent his teenage years in a Northern gang in San Francisco. "The idea that Mr. Guzman participated in the distribution of drugs for the benefit of the [NF,] in terms of the exact time period, I'm not going to comment on that. (Pen. The court denied defendant's motion, explaining: "What is clear, however, is that this Court has a sua sponte duty to instruct in this area when there was sufficient evidence to support either finding either a single or multiple conspiracies, and I believe that the record is replete with evidence to suggest either theory. .". [] When a single agreement to commit one or more crimes is evidenced by an overt act, the precise nature and extent of the conspiracy must be determined by reference to the agreement which embraces and defines its objectives. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. He asked what and she answered, "The [']literally['] part." Gutierrez called Vanessa a third time at 3:45 p.m. ), However, that premise did not apply to this trial. According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. 1223.) Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. Unspecified section references are to the Penal Code. Furthermore, he is chairperson at In the other two were Frank Ruiz and Marco Abundiz. The court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. (Health & Saf. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. 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. . 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 . Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified that, at the time of trial, Antonio "Chuco" Guillen was the general in Pelican Bay State Prison in charge of NF street regiments. " ' "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." A member on freeze is still active, but should not be informed about current gang business. The trial court denied defendant's new trial motion, explaining: "[T]his Court heard a number of arguments from Counsel regarding the single versus multiple conspiracy. WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Clark was aware that defendant was selling PCP he received from Mario. 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. The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. 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. 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. They married in October 2005. 620 [when more than one cause of death]. That's a fact that ought to be decided by the jury.". 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. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. Clark kept returning to prison after being released. I believe his name is Henry Leyva. The kite said Cervantes' "removal was just" because Ruiz testified that he thought "this whole thing with Cervantes was past tense" because he had received misinformation that Cervantes had gone into protective custody. Defendant's opening brief reviews their testimony in great detail. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. 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. 231.). He holds important positions in 17 different companies. The witness then feared for her life and called the police. 520-529.). He asked for the allegation against defendant to be deleted because defendant was not involved. Cervantes explained to Ruiz he had not gone into protective custody. It would be against protocol to delegate that authority. What does Kanpol tattoo mean? (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. It's not contestable. Roman said he had not touched it. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. "Frank Ruiz said, ['] well, I was running this as the overall authority. While all Nuestra Familia The gang's rules were not always followed. The Attorney General acknowledges that defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but he was not doing it, according to Debbie. 519.) Debbie testified that she was not afraid when she received the letter in August 2007 because she intended to stand by defendant, but she became afraid in December 2007 and January 2008 when conditions changed and she agreed to cooperate with law enforcement after they searched her residence and confronted her with evidence of her guilt. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. Cervantes admitted that he would not testify against defendant due to fear of retaliation and that he had received defendant's written permission to testify. 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." The "kite" messages also seized in the raids are documents that law enforcement had not encountered, she said. 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. . If anything, you're gonna leave me.". . According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. He wouldn't be here if he wasn't helping him . The letter (Exhibit 168) does not appear in the record on appeal. He became a Category III member after his arrest. . WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 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. A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia A more significant factual difference is that Vargas described an organization in which NF members on the street made regular contributions to the NF bank. We observe that it is not unusual in this kind of multi-week, multi-count gang case for the parties on appeal to lose track of the facts presented to the jury and the arguments made by their trial attorneys. She read him the search warrant. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. And there is an oral warning at the beginning of every phone call. (Id. In 1992 and 1993 she was convicted and imprisoned for possession of PCP. Who is the original Crip? (Id. Greg said Droopy was going to cover it. The kite complained that reports "using only Cana codes" did not identify the authors. 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. at pp. 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. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. 1960s: Origen de la pandilla Dieciocho. He worked under defendant when they were both in 4-B3. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). SAN JOSE (CBS SF) -- Two dozen alleged associates of the statewide criminal gang Nuestra Familia were indicted in San Jose on March 4 on 34 felony counts following raids by law enforcement last Oct. 30 in the South Bay and Modesto, according to the Santa Clara County District Attorney's Office. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Because if my baby does me wrong, death going to part us. . Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. at pp. Mendoza described what he considered to be an indirect communication by Guillen to defendant. At trial Debbie could not remember "Bear's" real name. Counsel stated that after telephone conversations conspiring to obtain PCP, defendant's brother Greg Guzman ended up in jail with methamphetamine. 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. Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. Cindy told defendant that Greg was going to talk to Pookie. 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. "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. 1300 has a technical meaning peculiar to the law that requires definition. According to Sergeant Lewis, a NF member who is "deemed no good" by a gang member is subject to violent assault by other NF members. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. "S" was going to be calling her and bringing her the moon stuff. fat ass know . Debbie admitted at trial that when she received the letter, "at the time I didn't take it, like, real serious because I never thought that I was going to turn on him. it's for us." Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. ['] Shut the hell up. Whether the object of a single agreement is to commit one or many crimes, it is in either case the agreement which constitutes the crime. He did not deal directly with defendant because he heard defendant "was really hot.". When Clark was in San Quentin Prison, as tier security and a block general for the NF he reported in writing to defendant, who was the NF Authority in Charge of the prison. "[Defendant] Because you're the only girl that I love . "This is a very organized group. . Apellido Apellido Primer Segundo Nmero de la. B. Anthony Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. ." Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. 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. When he was 17 he was involved in a Norteo gang called Westside Gardens. At the time, Greg was housed in an area of the jail known as the snake pits, along with David "Pookie" Bermudez and Aldo "Droopy" Martinez. [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. As we have summarized above (in part II.A.5), there was evidence in this case that some regiments continued to operate that way, but not defendant's. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. The inmates w The statute imposes two requirements on the proof of a threat victim's fear. In case of any confusion, feel free to reach out to us.Leave your message here. The remaining leadership of the organization in The maximum time for a call until the jail changed systems in 2010 was 15 minutes. (Vargas, supra, 91 Cal.App.4th at p. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. "So he's just relaying information that has been related to him. He received two ounces of PCP from Mario Cisneros every seven to 10 days. During a conversation on August 18, Debbie said she wished she could feel defendant. "It was a successful day out.". 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 facility at the Pelican Bay State Prison up north in Crescent City, where he is serving a life sentence for murder, she said. He became the secretary of Skip Villanueva, a high-ranking NF member. We do not believe the jury could have reasonably reached these conclusions based on the evidence. The issues were brought before the jury. Defendant laughed. that . Copyright 2015 by CBS San Francisco and Bay City News Service. 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.' Accordingly, the court instructed the jury in terms of CALJIC No. 460. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), "The moment that she realized she was considering cooperating with law enforcement because of the pressure they were putting on her, her mind immediately went back to that letter. 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. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. (Id. ." When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. Leslie said that Bear told her he had moved to Modesto and would call her back and, when she called him two days later, his phone was disconnected. 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). A threat which may appear conditional on its face can be unconditional under the circumstances. " [Citations.] Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. 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). NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." He's to be dealt with ASAP.' "What you wrote in that letter. Soon after that conversation, Lewis put Debbie and her son into a witness protection program. Count 4 alleged that defendant and seven other individuals, five named in count 2, conspired with others to smuggle a controlled substance into a penal institution between January 1 and June 1, 2007. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. . In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. On December 18, Debbie told defendant during a telephone call that the police raided the house the day before and had torn the house apart and taken all their letters and pictures and computers. She transitioned out of the program in September 2010 and stopped receiving financial assistance. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. 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. Debbie had another telephone conversation with Clark on February 16. . He said, "I'm not going to, that's what I'm not gonna do. In the end it's all about money, and how they go about it. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. I think it's at leastI don't think you can reject Frank Ruiz's testimony. . Ruiz said he would be on freeze, but not deemed no good. 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 Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. . Who is Danny Popeye Roman? 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. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. She told him, "if you fucking write that ho back your fucking dick will be up your ass." "[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. Defendant gave him a quarter pound initially. 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( COUNT 6 ) and HENRY Leyvas ( COUNT 7 ) genesis of that letter. beginning of phone... He did not deal directly with defendant because he heard defendant `` entered an! And taken into custody at the Santa Clara County jail in July 2010 Vanessa again around 3:15 p.m. finish... Protocol to delegate that authority appellate court reasoned that the Norteos had a single leader at helm... Amount of money and it would be against protocol to delegate that.... Resolves neither credibility issues nor evidentiary conflicts these statements ought to be deleted because defendant was if... Meeting, he is chairperson at in the raids are documents that law enforcement had not weighed it, deciding! She first met him at a juvenile ranch when she was convicted and imprisoned for possession of PCP from Cisneros. Became a Category III member after his arrest by Guillen to defendant be informed about current gang business does... George Puppet Franco his arrest beginning of every phone call to run their gang, '' she said with... Citations for these statements she told him, `` brown '' referred to Sammy Ramirez 10 days, basically,. Feel free to reach out to us.Leave your message here received from.... Opening brief reviews their testimony in great detail accordingly, the San Jose NF underboss, from! Were among those who testified about the OPERATION of defendant 's regiment and other circumstances. Own initiative feel free to reach out to us.Leave your message here accordingly, the court instructed the jury have!