There is a standing order for the gang to assault a sex offender who is housed with a gang. 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. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." [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. CALCRIM No. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. "[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. Antonio Guillen was not a witness, though he was described by several witnesses. According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. Please enter valid email address to continue. That's a fact that ought to be decided by the jury.". 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. Most sexual offenders are placed in protective custody on a case-by-case basis. Clark's assistance to defendant from outside jail was limited, as he was involved in a shootout at his apartment on July 29, 2007, that led to his relocation to Mexico. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. at p. She attended some of his meetings with leaders of other local NF regiments, including Charlie "Brown" Campa, Sammy "Black" Ramirez, and Marco "Red" or "Huero" Abundiz. (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. Apellido Apellido Primer Segundo Nmero de la. After some conversation, Clark took the phone from Debbie. While defendant laughed, she continued, "Ass kicking, you can ask somebody." Defendant said he did not have to worry about that now and the conversation turned to her suspicions about him writing letters to other women. While all Norteo soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains Gillotte spoke with Leyvas about going into protective custody. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. You're to pay $200. at pp. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Code, 11370.2, subd. "This is a very organized group. 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." According to Mendoza, that obligation existed for all regiments throughout Northern California. She got up on the stand and said, [']I didn't take it seriously. Defendant once told Debbie about a situation in the 1990s when one of the wives got killed for talking after several gang members got arrested for drug sales. 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. 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. Join Facebook to connect with Anthony Guillen and others you may know. According to jail records, Cervantes was taken into custody on May 1, 2008. 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. It's not an issue of law. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. However, he testified that "it's all about money. "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. . She said defendant thought Clark was ignoring them. However, it does not have to be the only factor that causes the [fear]." 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. . Furthermore, he is chairperson at 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. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. 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 This was not what defendant argued to the jury. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified Leslie had said she would collect it for him. Theater. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. The court accepted Mendoza as an expert on NF, NR, Norteos, and Northerners, both in prison and on the streets based on his gang history. The gang's incarcerated leaders order the state's Norteno members to commit violent street crimes, from murders to assaults, robberies, burglaries, illegal drug sales and witness intimidation using kites at times smuggled in the rectums of gangsters who violate their parole in order to gain temporary entry to county jail, she said. . [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. 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." In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. 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. The jury was instructed in terms of CALCRIM No. ", 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. . Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. The key documentary evidence of two conspiracies was a single kite (Exhibit 412) that was dated October 21, 2008 and signed by "C/R Calpolli." WebQuin es el lder de los norteos? He was treated as a minor celebrity in nightclubs. Defendant was "the overall authority in the county jail as the regimental commander . at pp. 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." The inmates w (Mendoza, supra, 59 Cal.App.4th at p. WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. Defendant said he had deemed Cervantes no good. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. His son Danny and Stephanie helped. Debbie resumed using PCP with defendant in 2006. Ramirez did not meet Clayton Clark until after defendant was arrested. When he was 17 he was involved in a Norteo gang called Westside Gardens. An immediate ability to carry out the threat is not required.". Defendant did not argue to the jury that the fear his letter caused Debbie was superseded by an intervening cause. . 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. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. . Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. (Cf. According to Lewis, Debbie kept bringing up a threatening letter. Debbie pointed that that both Bear and Roman were users. If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. (b)(1)(A).) WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. He holds important positions in 17 different companies. Defendant had never discussed Cervantes with him. He answered, "Yeah, you" and asked if she was getting cold feet. Debbie said that defendant was eager to get the money. Any NF member can put someone on the bad news list. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. [Laughs] I started rolling. 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 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. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. He is now a "three striker," a person who can face a harsher sentence such as life in prison for committing a felony for the third time, McKeown said. Gutierrez called Vanessa a third time at 3:45 p.m. 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. / CBS San Francisco. (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." 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. Clark called Debbie on February 5, 2008. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. The court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. It's commission monthlies, they call them monthlies on every member of the regiment is to pay $200, and it goes back to the main bank plus the 25 percent." 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