After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. 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. Defendant was "the overall authority in the county jail as the regimental commander . Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. (Id. Greg said he wanted some for himself. 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. with that brown ride." The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. According to Mendoza, that obligation existed for all regiments throughout Northern California. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. to help Mr. Guzman. Lewis told her to stay in a hotel overnight. at p. Who started the Norteos? Most sexual offenders are placed in protective custody on a case-by-case basis. Solis said he was going to be making payments to her. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). (Pen. The prosecutor attached importance to this second post-letter conversation in argument to the jury. The Attorney General asserts that the jury in this case could have reasonably concluded: "the NF's goal was simply to have money put in the NF bank and on the books for members of the NF"; defendant's " methamphetamine and PCP conspiracies were in his private interest, each involving separate, if sometimes overlapping groups, and that while he paid dues to NF and was given street authority by Guillen, the conspiracies alleged were not solely conspiracies with members of the NF solely to fund the NF"; and defendant "did not have an agreement with the NF as such, but rather that any agreement he had was with Guillen, the NF general in Pelican Bay who controlled the street regiments." 1671.). He did not investigate the claim that Leyvas had tried to rape someone's sister. Tipo de Nmero de. Latin mexican traditions norteno. Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. at p. . Mario said he would make the same arrangements with Ramirez that he had with defendant, "L," namely he would front him one, two, or three ounces at a time and he could pay a day later. Is OKC or Tulsa safer? 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." The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. Defendant initially called Debbie. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. March 20, 2015 / 11:00 PM Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. ", Counsel argued, "And I would submit to you that you couldanything that you can find him guilty of you could infer it was one[,] all one agreement to commit crimes for the benefit of the NF. WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 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. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. Debbie said defendant was mad about how Rodriguez had confronted her. "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. Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' 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. According to jail records, Cervantes was taken into custody on May 1, 2008. [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. (Santa Clara County Super. We disagree. Clark was aware that defendant was selling PCP he received from Mario. After disputing the remaining charges, defense counsel clarified that he was asking the jury to "find my client not guilty of . (Jasso, supra, 142 Cal.App.4th at p. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. 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. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. This is mere argument on appeal. 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. " " 'There's also a registered sex offender in M-8. Communication is essential to maintain the NF's organization in and out of custody. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." And that authority only resides with the regimental commander, and that was the Defendant. 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. Sergeant Livingston testified that his investigation of the James Cramer regiment produced a document listing regiment dues and also a money order sent to a high ranking NF member in Pelican Bay. "I don't think they have proven their case. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. . 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. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" 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. 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. There has to be an incident report explaining any assault. Until defendant was incarcerated, he just provided Clark with methamphetamine, not PCP. ['] So much so that she even told the officers, [']it's in the letter. 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. Defendant said, "Yeah, like four." (Id. He became the secretary of Skip Villanueva, a high-ranking NF member. Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. During a conversation on August 18, Debbie said she wished she could feel defendant. The record citations do not support this contention. People v. Johnson (2013) 57 Cal.4th 250, 266.) "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. "They are literally using the bodies of their members as mules to run their gang," she said. Defense counsel paraphrased it as saying, when a single agreement contemplates the violation of several Penal Code statutes like distribution of methamphetamine, distribution of PCP or other things through subagreements or subconspiracies to accomplish the objective of the agreement, it counts as a single conspiracy. . . Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). (Id. 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. You know you ain't gonna do shit." ", 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." 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. We need not closely examine or itemize the distinct details of each conspiracy to determine whether a factual issue was presented regarding the number of conspiracies. Documento de Documento de. Since that decision, the California Supreme Court has recognized that the appellate courts are divided about whether the number of conspiracies proved is a factual question for the jury. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. The Attorney General characterizes some of the statements in Vargas as dicta that "should be considered in the light of the specific facts of the case." 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. Anthony "Chavo" Jacobs is currently in prison, She asked, " 'Cause I know you, babe, would you really do that?" He's to be dealt with ASAP.' 1012-1013.) Some law enforcement agents speculate that ." At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. It was not based on the debt owed defendant. 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. ), After the jury convicted defendant as charged and made a special finding that the five charged conspiracies "were separate and distinct," in bifurcated proceedings defendant admitted allegations of three prior convictions, one for attempted murder and two for possession of controlled substances. 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. Debbie resumed using PCP with defendant in 2006. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." 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. 1340. He once said a wife could not testify against her husband. 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." "It's incredibly dangerous what he did and he is in great danger," McKeown said. A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. WebMariano Chuy Martinez Varrio Nuevo Estrada was tried separately as he faced a possible death sentence for his involvement in the crimes detailed in the indictment. 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. ['] That created a moment of silence because my entire plan to impeach her was unnecessary. 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. . (Vargas, supra, 91 Cal.App.4th 506, 517-518.) That night, Clark got money from Charlie Campa and drove to Mexico with his wife. Defendant said to "let . Defendant taught Debbie how to package methamphetamine and PCP for sale. 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. WebNorteos 14 - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. Documento de Documento de. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. He was confirmed as a NF member when he returned from Mexico. ), We accept the premise that when there is a factual dispute about whether a criminal defendant's conduct was among the causes of a victim's fear, injury, or death, the trial court sua sponte must give instructions about proximate causation and intervening, superseding causes. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). 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. In May or June 2006, Greg approached Clark about working in defendant's regiment. Defendant contends that Mendoza, Ramirez, and Clark all testified that the NF leadership controlled what crimes NF members on the streets could commit and what drugs they could sell. At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. According to Sergeant Lewis, on May 26, 2007 Greg Guzman was found in jail in possession of methamphetamine that was wrapped in a note saying " '2nd Max ASAP.' 460. . Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. The trial court in this case relied on People v. Meneses, supra, 165 Cal.App.4th 1648, which followed "Jasso in holding that a trial court is required to instruct the jury to determine whether a single conspiracy or multiple conspiracies exist when there is evidence to support alternative findings" in a case involving nine conspiracy counts. 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. --------. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. According to Frank Ruiz, there is no protocol to removing sex offenders. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." He has [a] motive . A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). The threat need not create an immediate fear. She read him the search warrant. Ramirez did not meet Clayton Clark until after defendant was arrested. The kite also stated, " 'Also concerning Bear Cervantes. The prosecutor did not mention this letter in closing argument. Code, 11370.2, subd. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), The court accepted Sergeant Lewis as an expert in the areas of "Hispanic criminal street gangs, prison gangs, interpretation of gang terminology, gang codes, and the area of identification of possession for sale or sales of a controlled substance, and the area of recognition of usable amount of controlled substances." at pp. (People v. Hardy (1992) 2 Cal.4th 86, 143.) " Also according to Lewis, gang members would never bring drugs into jail just for personal use. Defendant was similarly the authority for Ruiz's kite identifying Leyvas as a target for removal, even if NF policy allowed the removal of a sex offender without a regimental commander's prior written approval, as defendant suggests. . The informant, who agreed to turn state's evidence, is a convict currently in protective custody in the Santa Clara County jail, where his name has appeared on a "hit list" due his assisting law enforcement, she said. 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.' I believe his name is Henry Leyva. ), However, 20 to 30 minutes after this conversation, when a car horn honked and the victim looked out her front door, she saw defendant's friend parked across the street from her home. 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. at p. It is up to the conspirators to establish the primary goal or goals of the conspiracy. The girls got to learn how to clean house and learn to live and work together.' Tirri became a NR member in April 2001. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. Clark said he had asked Rodriguez to ask her what happened. In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. However, no one until now has described this call as threatening. . 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. WebQuin es el lder de los norteos? You should consider all of the applicable evidence and determine this issue. An immediate ability to carry out the threat is not required.". ", Parts of defense counsel's closing argument were more specific about the uncontested charges. (People v. Bolin (1998) 18 Cal.4th 297, 340.) 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. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Before deciding this issue, we will review its procedural history. * Enter a valid Journal (must 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. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. On appeal Vargas argued that the trial court deprived him "of his state and federal constitutional rights to a trial by jury and due process by failing to instruct the jury to determine the essential factual question whether one or multiple conspiracies existed." By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " Clark said they were close to "finishing the house." Defendant laughed. . Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. at p. 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. Algunas Cervantes was returned to jail on January 30, 2009. Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Clark did not collect monthly dues from regiment members. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." It was seized during the search of her residence but not identified until a day or two later. For a period of time, Vince Tirri was Ramirez's second-in-command. 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