WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. . Please log in or sign up for a free trial to access this feature. Suffice it to say that the jury had reason to disbelieve each one of them. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. Not every recorded call was played for the jury while Debbie was on the witness stand. Defendant sometimes brought her along when he picked up money and dropped off drugs. Daniel "Bear" Cervantes was the alleged victim of the assault conspiracy in count 6. [] 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. Stephanie used methamphetamine, while Debbie never did. A member on freeze is still active, but should not be informed about current gang business. (Cf. (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. (Id. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. (People v. Osslo (1958) 50 Cal.2d 75, 84.) He spent time in two other units in Elmwood before being released from custody on September 21, 2008. At that moment, the threat became very real. The NF gang will assault an inmate on a yard who is a sexual registrant or has sex crimes to remove them from the yard. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. When the drugs were returned to defendant, an ounce was missing. When the ally produced a gun, Clark shot them both. "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. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. ." Debbie commented, "all that drama just over $400." 1012-1013.) Viramontes turned toward the open garage and tried to run into his home. It's not contestable. " ' "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." However, it does not have to be the only factor that causes the [fear]." "]; People v. Burnett (2003) 110 Cal.App.4th 868, 879 ["No reasonable jury could have found that defendant's actions were not a substantial factor in causing Leo's death or that Leo's death was unforeseeable."].). at p. El liderazgo restante de la organizacin en Pelican Bay consiste en Daniel Stork Prez, Anthony Chuco Guilln y George Puppet Franco. (Vargas, supra, 91 Cal.App.4th 506, 517-518.) 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 . (a).) The scope of each conspiracy presented questions of fact and credibility for the jury to decide. Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. The jury was instructed in terms of CALCRIM No. "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. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. What is the biggest gang in California? at p. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. 620 [when more than one cause of death]. As we have rejected defendant's factual argument regarding the actual cause of Debbie's fear (in part III.B.1, ante), it follows that we have no basis for reducing his conviction to an attempted threat. . 240 as follows: "There may be more than one cause of [fear]. Debbie resumed using PCP with defendant in 2006. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. First, there is a subjective component, that the threat actually caused sustained fear. Who are the Norteos allies? (a)(1)) and ammunition (count 2; 12316, subd. Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. The evidence in that case focused on NF activities between 1989 and 1993. . 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. 1300 that proving a violation of section 422 as charged in Count 5 involved establishing six elements: "[1] The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to Debbie Guzman; [2] [t]he Defendant made the threat in writing; [3] [t]he Defendant intended that his statement be understood as a threat and intended that it be communicated to Debbie Guzman; [4] [t]he threat was so clear, immediate, unconditional, and specific that it communicated to Debbie Guzman a serious intention and the immediate prospect that the threat would be carried out; [5] [t]he threat actually caused Debbie Guzman to be in sustained fear for her own safety, and; [6] Debbie Guzman's fear was reasonable under the circumstances." 1223.) Clark said they were close to "finishing the house." Who is the leader of the sureos? After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. After some conversation, Clark took the phone from Debbie. Ct. Nos. The next day, Lewis told her to act like the wife of a NF member. He answered, "Yeah, you" and asked if she was getting cold feet. According to Debbie, defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but was not doing it. fat ass know . Gillotte was not aware that Cervantes actually had been removed by an assault. 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. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. " [Citations.] He recently got charged in a RICO indictment targeting the She said she told Rodriguez she had to report to defendant, not to him. Clark said he had asked Rodriguez to ask her what happened. There was testimony about Guillen's communication with leaders of other NF regiments. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. I believe his name is Henry Leyva. Defendant said to "let . Cervantes explained to Ruiz he had not gone into protective custody. .". Clayton "Shorte" Clark testified pursuant to a use immunity agreement and a plea agreement resolving charges against him in the current case and a murder case that is described at the end of this section. Apellido Apellido Primer Segundo Nmero de la. She told defendant that her young son had overheard her and complained about her language. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Tirri became a NR member in April 2001. He was housed in Main Jail North 4-B1 and then 4-B3, a single cell, until February 27, 2009. Their trial is set to start on April 13 in Superior Court in San Jose. ", 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. At trial defendant played a recording of the first call to the jury during his opening statement. According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. . ( 667, subd. 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. Thus his removal was just.' You know you ain't gonna do shit." 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. Who started the Norteos? In 2009, Tirri and defendant were housed together in administrative segregation. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). As they lived together, she learned of his gang involvement. A substantial factor is more than a trivial or remote factor. 240 saying the letter had to be only a substantial factor in causing Debbie's fear, it would have weakened his absolute position and made it easier for the jury to convict defendant of the criminal threat charge. "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. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. 1300 has a technical meaning peculiar to the law that requires definition. ", 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. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. She got up on the stand and said, [']I didn't take it seriously. WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. [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. One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. . 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. Defendant and Clark obtained methamphetamine from Jack Ochoa. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. [16] While members of the Norteos gang are considered to be affiliated with Nuestra Familia, being a member of Nuestra Familia itself does not signify association as a Norteo. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. 1338.) " (Id. Defendant asserts that the third one is most comparable to his case. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. It is the highest category in the NF organization below the generals. I always thought I was going to be with him, so I wasn't really afraid at that time.". On appeal defendant contends "the trial court should not have instructed the jury to determine whether there existed multiple conspiracies or one single conspiracy, but should simply have consolidated the conspiracy counts into one single count" as the defense had requested. Since the 1920s, the 38th Street gang has continued its criminal activities and has evolved to become one of Californias most violent street gangs. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. The issues were brought before the jury. And we know that the Defendant actually told Vince Tirri whey they were housed together in the Super Max that he told Vinni Tirri that the reason why he had Danny Cervantes removed and deemed him - well, not removed, but why he deemed him 'no good' was "because Danny Cervantes owed him a $400 drug debt . According to Mendoza, that obligation existed for all regiments throughout Northern California. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. He did not investigate the claim that Leyvas had tried to rape someone's sister. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. (People v. Bolin (1998) 18 Cal.4th 297, 340.) They are all considered enemies of the gang. . On appeal defendant contends that the phrase "actually caused" in CALCRIM No. 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. A NR member who was the second in command would not have the authority to deem someone no good. Clark did not collect monthly dues from regiment members. Based on Gillotte's employment in jail classification and jail intelligence the court accepted him "as an expert in the area of prison street gangs operating in Santa Clara County Jail.". They called each other only about important matters like the prices of dope. Debbie said she would tell Ochoa to call. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. According to Lewis, Debbie kept bringing up a threatening letter. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 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." "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. [']" Mendoza testified that people break gang rules all the time. 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. Anthony "Chavo" Jacobs is currently in prison, 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. 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. [Citation.] . In that case, tried in early 1997 (id. "This is a very organized group. 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. ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. Roman said he had not touched it. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 539, 543), various NF members testified about the organization and its criminal activities between approximately 1989 and 1993. Do you know what 'wouldn't' means?" [']" 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." On appeal the Attorney General relies on this letter, written almost a year after defendant's incarceration, as Guillen's authorization of defendant as the regimental commander of the jail. 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. 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. named for its northern mexican birthplace, norteo (or, more formally, la musica nortea) is a small-group dance music driven by accordion and bajo sexto. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. 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. , but it's clear that they were moving drugs. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. As this court has said before, "a conspiracy can have multiple criminal objectives." 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. 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. 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. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. (Ibid. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. He's been deemed no good. Greg said he wanted some for himself. . They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. 1014.) Before his incarceration in 2007, he sold methamphetamine and PCP. . The prosecutor did acknowledge, "during those phone calls that you've heard, it's clear that the Defendant, they have a roller coaster relationship, and they go up and down." Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. ." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. 211398 & 211138). 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. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. This is mere argument on appeal. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. 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. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. People v. Johnson (2013) 57 Cal.4th 250, 266.) The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. Defendant told Tirri all about Cervantes. Debbie said defendant was wondering if she ever got the money. Defendant said he was putting something else in, "a little moon stuff." The inmates w Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." An act causes [fear], only if it is a substantial factor in causing the [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 Debbie called Rodriguez and challenged the way he had questioned her. March 20, 2015 / 11:00 PM (People v. Saling (1972) 7 Cal.3d 844, 852.) Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. The prosecution responded that some former codefendants just sold methamphetamine, while others just sold PCP, and yet others sold both, so there was evidence of different conspiracies and separate and distinct violations of different statutes. (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. "[E]ven if the evidence would support a finding that Mr. Guzman's letter was written with the requisite intent, and that it was the type of threat that reasonably could have caused Mrs. Guzman to be in sustained fear for her safety, the record does not support a conclusion that the threat actually caused her to be in such fear, because her fear was due to other causes, not the letter, and in other words, she would have had the same fear with or without the letter, for the reasons" already asserted. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. WebAnthony Guillen is on Facebook. Protective custody in 2000 after a domestic violence conviction, he was putting something else in, ``,. 1213, 1222 anthony "chuco" guillen Jasso ) ; cf called Lewis and said, [ ' I... `` actually caused '' in CALCRIM No single cell, until February 27, 2009 dots. 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