(b)(1)(A).) After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. He did it on his own." Had defense counsel asked for an instruction like CALCRIM No. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. And there is an oral warning at the beginning of every phone call. "S" was going to be calling her and bringing her the moon stuff. We do not understand the distinction attempted in this last point. Evidence that Mrs. Guzman might have experienced fears from another source does not mean that the threat did not cause sustained fear." Tirri learned that defendant was the regimental commander of the jail. "I don't think they have proven their case. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 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. 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. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). During a recorded call on December 14, 2007, before Debbie agreed to cooperate with law enforcement, she asked defendant if he remembered his friend "Bear," for whom he had done tattoos. (Vargas, supra, 91 Cal.App.4th 506, 517-518.) 2015 CBS Broadcasting Inc. All Rights Reserved. Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. 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. Even if Debbie had perceived Rodriguez's challenge to her as threatening, as the Attorney General asserts, it is likely that this challenge reinforced defendant's earlier statement that he would have her killed if she did him wrong, just as the conduct by fellow gang members in Mendoza clarified the threat made in that case. ( 186.22, subd. "The people in this indictment are on a level of sophistication and leadership, and with corroborating evidence, that we have never seen before," she said. 620 [when more than one cause of death]. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. Sigue activa La Eme? 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." Defendant had also sent Carlos Roman to collect on the debt. The gang's rules were not always followed. (Id. (Id. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. 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. . Since the 1920s, the 38th Street gang has continued its criminal activities and has evolved to become one of Californias most violent street gangs. He asked what and she answered, "The [']literally['] part." 460. B. It means you are in bad standing with the organization. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. Cervantes explained to Ruiz he had not gone into protective custody. It was a specific threat to have her killed. He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). Clark did not collect monthly dues from regiment members. Their paperwork should be reviewed. The defense developed no evidentiary basis requiring the court to instruct the jury to decide whether Debbie's fear had one or more causes superseding defendant's threatening letter. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." 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. 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." He always carried a lot of money and he eventually admitted to her he was involved in selling drugs. This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. 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. March 20, 2015 / 11:00 PM He continued to laugh. There has to be an incident report explaining any assault. She recorded their conversation. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified Ct. Nos. Incarceration ended her addiction to PCP. . . at p. Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' He argued, "there's really not even really an attempted criminal threat because it wasn't received seriously, according to Debbie Guzman's own testimony here, and I don't think it was meant seriously, that's an inference you can draw." Most of his arguments are directed at his conviction of threatening his wife (count 5), namely that there was insufficient evidence of a criminal threat, that the evidence established at most an attempted threat because she was not frightened, and that the court should have defined causation sua sponte. That was "the genesis of that letter." 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. ." Not every recorded call was played for the jury while Debbie was on the witness stand. Thus his removal was just.' The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. When defendant met with other regiment leaders, Ramirez talked about messages he had received from the NF leadership in Pelican Bay State Prison saying defendant had not been communicating with them and "hasn't paid his dues . He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. The prosecutor in our case acknowledged to the jury, "Obviously there was a delay because when she became real fearful from that threat from August 15th, until she began cooperating with law enforcement in December of 2007 . . Defendant provided PCP to Debbie, his brother Greg, and "Bear," among others. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. 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." Communication is essential to maintain the NF's organization in and out of custody. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Ruiz testified that he wrote the kite on his own initiative. Debbie pointed that that both Bear and Roman were users. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. (a).) You can listen to the evidence on that, and then you can decide." . 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. A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). Defendant's opening brief reviews their testimony in great detail. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. Ruiz testified for the defense that after he was incarcerated in 2007 in the Santa Clara County Jail, he learned that defendant was the overall jail authority. On May 14, he was sent to a jail unit in Elmwood. He did not investigate the claim that Leyvas had tried to rape someone's sister. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. Thus his removal was just.' If anything, you're gonna leave me.". Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." His nickname is Lencho. 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. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. Facebook gives people the power to share and makes the world . In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. ", 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. When the drugs were returned to defendant, an ounce was missing. In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. "So I would expect that you would find him guilty of those counts, and I would expect that you probably would find the gang enhancement to be true because it was done in association with and for the benefit of." Removals were always at the direction of gang superiors. On appeal defendant points to another potential source of Debbie's fear. 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. Who is the leader of the sureos? Solis called Debbie on January 8, 2008 and met with her the next day. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. " (Id. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. --------. "It's never going to end. While all Nuestra Familia All rights reserved. A threat which may appear conditional on its face can be unconditional under the circumstances. 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. 1300 has a technical meaning peculiar to the law that requires definition. 1223.) 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. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). . Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. 1012-1013.) At trial she denied appellant's words alone frightened her." Debbie testified that she knows what defendant is capable of. "It's incredibly dangerous what he did and he is in great danger," McKeown said. 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. 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. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. He asked for the court, in advance of submitting the case to the jury, to either dismiss counts 2 and 3 or consolidate them into a single count. Get 1 point on providing a valid sentiment to this (Id. 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. 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. The kite discussed several reported problems in the facility and asked for reports to be filed with 4-B, where Ruiz and defendant were housed in jail. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. They did not meet in person at the time. And that's Count One, that's being actively involved in a criminal street gang. It also stated, " 'Also concerning Bear Cervantes. . Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. We're not contesting that." Mendoza had spent his teenage years in a Northern gang in San Francisco. Tirri was housed on 2nd East Max. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. [']" 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." Defendant said, "Yeah, like four." An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. 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. Every time she returns to Santa Clara County she fears for her life. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. La Eme ainda est activa? Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. He was housed in Main Jail North 4-B1 and then 4-B3, a single cell, until February 27, 2009. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. It was not based on the debt owed defendant. For example, while defendant regularly supplied Clayton Clark, his second in command, with methamphetamine to sell, defendant did not involve Clark in PCP distribution until after defendant was arrested. Norteno gang member found guilty of drug possession while. Who are Florencia 13 enemies? "[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. 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 (a).) Valdez and Ramirez testified that Guillen was the author of a kite that Valdez took from Ramirez in March 2005 that pertained to the entire NF organization. However, it does not have to be the only factor that causes the [fear]." At trial Debbie could not remember "Bear's" real name. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. Apellido Apellido Primer Segundo Nmero de la. 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. * Enter a valid Journal (must Defendant claims that Debbie testified that "she was very afraid of reprisals from [NF] members if she were to cooperate with law enforcement authorities, and if her cooperation became known." Above the phones is a placard saying the same thing. Clark kept returning to prison after being released. Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. Defendant does not elaborate on what that peculiar meaning is. 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. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. I think it's at leastI don't think you can reject Frank Ruiz's testimony. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. at p. According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. You got to look.[']". ), Mendoza, supra, 59 Cal.App.4th 1333 illustrates that actions by others can also make a threat real after it is uttered. Was the anthony "chuco" guillen in charge of the jail., 517-518. threats are threats! Bear, '' among others overt acts. court of appeal of the of... Was not based on the false assumption that Cervantes had already been removed then... Dropout in 1999 's words alone frightened her. an agreement to commit series... Valdez, when an inmate comes to an institution, the defendant was the regimental commander of the jail there! Gang in San Francisco Charlie Campa and `` black '' referred to Sammy Ramirez could not ``... Said, `` 'Also concerning Bear Cervantes, he was housed in Main North. Conditional on its face can be unconditional under the substantial evidence standard PCP! 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