WebNorteos 14 - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. Defendant was "the overall authority in the county jail as the regimental commander . "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. .". 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. His implicit premise is that the trial evidence as a matter of law proved the existence of one overall conspiracy that involved the commission of the five separate crimes. La Positiva 31.12.2022. 554.) ." "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. Clark testified that was a reference to selling four pounds of methamphetamine. (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. The singer and actor opened up to Teen Vogue about how the blockbuster hit WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. I don't think they have proven an agreement. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. Join Facebook to connect with Anthony Guillen and others you may know. at p. Founded 1968; Allies: Nuestra Familia Hells Angels Outlaws Motorcycle Club People Nation CJNG Crips {in some state such as Washington and There has to be an incident report explaining any assault. 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. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system Anthony "Chavo" Jacobs is currently in prison, She asked him not to leave her. 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. She initially denied any involvement in distributing drugs. As they lived together, she learned of his gang involvement. Cervantes explained to Ruiz he had not gone into protective custody. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." 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. 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. The indictment charged that defendant conspired to assault Leyvas between January 22 and October 7, 2008 and Cervantes between May 1, 2008 and April 23, 2009 (the date of the indictment). Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). 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. Get browser notifications for breaking news, live events, and exclusive reporting. We agree that the elements of a violation of section 422 do not include a requirement that defendant's letter have been the sole cause of Debbie's sustained fear so long as it was a substantial factor in actually causing her fear. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. Ramirez had Abundiz supply him PCP that he obtained from defendant. But it says in association with, you might find if it's been proved and the subsequent crimes have been proved.". According to Tirri, Ruiz told Tirri that Cervantes had been removed. Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. ", Defense counsel was more equivocal about count 4, stating, "I haven't paid a lot of attention to the smuggling charge because, I mean, there's inferences there and [the prosecutor's] point is that if [defendant] was involved in any way in that, that there was a conspiracy to smuggle drugs into the jail. And so if you make a bad decision, if you remove someone for reasons that are unjust, that person could be subject to discipline by the organization themselves. However, he testified that "it's all about money. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. Defendant disputes this characterization. At trial she denied appellant's words alone frightened her." Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. 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." Solis said he was going to be making payments to her. You should consider all of the applicable evidence and determine this issue. Sigue activa La Eme? (Williams, supra, at p. 1337.) Mendoza had spent his teenage years in a Northern gang in San Francisco. WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. * Enter a valid Journal (must [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. Gillotte attempted to locate Cervantes, but he was not in custody. He asked what and she answered, "The [']literally['] part." 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. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. Ruiz said he would be on freeze, but not deemed no good. Debbie said defendant was wondering if she ever got the money. 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." Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. B. 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." Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. The Attorney General provides no record citations for these statements. Enhance your digital presence and reach by creating a Casemine profile. He testified that one of the NF principles was that NF business should not be discussed with any outsider, wife, or girlfriend, but the rule was not always followed. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. Gillotte spoke with Leyvas about going into protective custody. She said defendant thought Clark was ignoring them. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. (People v. Bolin (1998) 18 Cal.4th 297, 340.) [Citation.] .". Get 2 points on providing a valid reason for the above He did it on his own." She got up on the stand and said, [']I didn't take it seriously. One objective of the NF is " 'to build the organization on the outside, become self-supporting, work with those in alliance, any and all illegal ventures to build the funds that can be utilized to take care of members behind the walls or drug deals on the streets.' The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. 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. Like you said in your letter, I'm like whatever, I mean that." Please log in or sign up for a free trial to access this feature. Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. 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. (b)(1)(A).) Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. Debbie called Rodriguez and challenged the way he had questioned her. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. ( 186.22, subd. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. Appellate counsel for both sides make some factual arguments not presented to the jury. Clark said he had asked Rodriguez to ask her what happened. Defendant said he had deemed Cervantes no good. The prosecutor attached importance to this second post-letter conversation in argument to the jury. Immediate means the degree of seriousness and imminence which is understood by the victim to attach to the future prospect of the threat being carried out should the condition not be met." He continued to laugh. 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. ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. 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. 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.' Ruiz testified that he wrote the kite on his own initiative. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. . 1338.) Do you know what 'wouldn't' means?" Theater. And there is an oral warning at the beginning of every phone call. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. During intake they sign a form acknowledging that phone calls can be monitored. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. . Cervantes still acknowledged it was his fault. 1012-1013.) We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. Within that umbrella conspiracy were subconspiracies to commit specific crimes. 620 [when more than one cause of death]. Jack Ochoa supplied defendant with "ice," methamphetamine. A member on freeze is still active, but should not be informed about current gang business. According to Sergeant Lewis, "moon stuff meant PCP. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. . Somebody's wife was going to bring it to the guy who takes it in. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. Within a prison or county jail, the regimental commander has the authority to deem someone no good. 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. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. The appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. 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. The witness then feared for her life and called the police. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. This is mere argument on appeal. . at p. Defendant's opening brief reviews their testimony in great detail. Moreover, this court did not recognize any prejudice to defendant being charged with one conspiracy instead of multiple conspiracies. Who is the leader of the sureos? at p. 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. Viramontes turned toward the open garage and tried to run into his 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. When she agreed to cooperate with the police after her residence was searched, she told Sergeants Lewis and Livingston that she had a letter from her husband threatening to have her killed if she cooperated. September 1, 2010 / 9:38 AM / CBS San Francisco. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. (Id. During her next meeting with Sergeant Lewis, he told that that she had to relocate that night. According to jail inmate John "Boxer" Mendoza, at the same time defendant arrived in jail, so did his codefendants Frank "Joker" Ruiz, a Nuestra Raza (NR) member, and Marco "Huero" Abundiz, a NF member. 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 . at p. 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. Defendant had also sent Carlos Roman to collect on the debt. Defendant asked Clark if he was done with the four "apartments." Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. ), 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. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. However, it does not have to be the only factor that causes the [fear]." The maximum time for a call until the jail changed systems in 2010 was 15 minutes. The Inner Gutierrez called Vanessa a third time at 3:45 p.m. In another context, the Attorney General's brief cites the testimony of Sergeant Lewis and Mendoza about the obligation of members of other regiments to pay $200 monthly dues, but no testimony about members of defendant's regiment paying dues. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. "It's a little bit hard to understand about the PCP . 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. "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." Ct. Nos. I said [']he's hilarious huh? 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. She stated, "I said I wouldn't do that, you dork. Any NF member can put someone on the bad news list. On February 27, Cervantes was placed in protective custody. at p. The raids, dubbed "Operation Red October," resulted in charges against 24 suspects and the seizure of cash, pounds of methamphetamine, guns and coded "kites," or gang orders written on bits of paper and placed in body cavities of jail inmates, Supervising Deputy District Attorney Marisa McKeown said. El liderazgo restante de la organizacin en Pelican Bay consiste en Daniel Stork Prez, Anthony Chuco Guilln y George Puppet Franco. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." 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." 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