When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. We're not contesting that." He asked why she had not disclosed that the police had searched her house. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. 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. When they met later that day, Rodriguez paid her $100. Defendant said he had deemed Cervantes no good. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 231.). Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. Her fear of something happening to her or her son would not end with the end of defendant's trial. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. 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. 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. 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. "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. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. 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. "[I]f we're out there selling drugs, it's supposed to be 25 percent of anything that we bring back, it goes back to the organization off the top. "[H]e was acting smart and he was acting rude and he was like saying how come you didn't tell us your house got raided . At trial Debbie could not remember "Bear's" real name. It is not the role of an appellate court to redetermine questions of credibility. Thus his removal was just.' " ' "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." On appeal defendant contends that the phrase "actually caused" in CALCRIM No. (Mendoza, supra, 59 Cal.App.4th 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. He asked for the allegation against defendant to be deleted because defendant was not involved. [] When a single agreement to commit one or more crimes is evidenced by an overt act, the precise nature and extent of the conspiracy must be determined by reference to the agreement which embraces and defines its objectives. What is the biggest gang in California? at p. She initially denied any involvement in distributing drugs. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' Antonio Guillen was not a witness, though he was described by several witnesses. "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. 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. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. There is a replete record from which there is a sufficient basis in which a jury did make their findings, so the request to grant a new trial or modify the verdict is denied at this time. Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. 1671.). While all Norteo soldiers and She told him, "if you fucking write that ho back your fucking dick will be up your ass." (b)) on January 8, 2007. Count 7 alleged that defendant and Frank Ruiz conspired with others between January 22 and October 27, 2008 to assault Henry Leyvas, while count 6 alleged that defendant, Ruiz, and another individual conspired with others between May 1, 2008 and April 23, 2009 to assault Daniel Cervantes. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified 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. It's not contestable. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. Defendant was "the overall authority in the county jail as the regimental commander . * Enter a valid Journal (must Lewis offered her witness relocation and no charges for her cooperation. Code, 11379, subd. In one case, a gang member who threatened a man in front of the man's wife and children was ordered by gang leaders to pay a $500 fine, she said. at p. You're to pay $200. ' " [Citations.]' The prosecutor did not mention this letter in closing argument. Debbie said she would tell Ochoa to call. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." Before defendant went into custody, he said to Debbie that if she ever talked to the police, it would be the last time she talked. Defendant encouraged her to be more independent because he was not able to be there for her. People v. Meneses (2008) 165 Cal.App.4th 1648. All rights reserved. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. When defendant questioned Cervantes, Cervantes said he had received it that way and had not weighed it. That day Debbie went to the office of the investigators and agreed to cooperate. Cervantes explained to Ruiz he had not gone into protective custody. At the time, Greg was housed in an area of the jail known as the snake pits, along with David "Pookie" Bermudez and Aldo "Droopy" Martinez. (Jasso, supra, 142 Cal.App.4th at p. Clark said "the black guy" was always getting the "pink socks." According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. The jury was instructed in terms of CALCRIM No. Appellate counsel for both sides make some factual arguments not presented to the jury. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. "It's never going to end. As the jury was instructed, case law has established that some conditional threats still qualify as "so" unconditional as to convey the serious intention of the utterer and a future prospect of execution to the listener. On January 18, Debbie called Rodriguez. It is the commander's responsibility to conduct an investigation before deeming a person no good. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. 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.' . It is a question for the fact-finder to determine when a charged conspiracy has ended, "considering the unique circumstances and the nature and purpose of the conspiracy of each case." People v. Bland (2002) 28 Cal.4th 313, 334-335 ["proximate" cause must be defined for jury when used in instruction]; People v. Fiu (2008) 165 Cal.App.4th 360, 372 [jury was adequately instructed on concurrent, but not superseding, causes of death]. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. it's for us." WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. ", Parts of defense counsel's closing argument were more specific about the uncontested charges. He argues that Debbie's fear was caused not by his August 1997 letter, but by the NF's reputation for dealing harshly with snitches. He did not investigate the claim that Leyvas had tried to rape someone's sister. 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. Incarceration ended her addiction to PCP. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. And she even gave him on that phone call, an out; an opportunity to say, [']no[, t]hat was just a joke[, t]hat was just a joke['] because she specifically came back to it and asked him about it, and she said, 'you wouldn't really do that to me,' and he said, 'yeah, I would.' Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Who is the leader of the sureos? Ruiz heard in January 2009 that defendant was no longer on freeze. Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. . 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. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 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. When the drugs were returned to defendant, an ounce was missing. In a conversation on August 16, Debbie said, "I got youryour funny letter today." Last July 14, months prior to the raid, Barba was sentenced for stabbing Smith to three years in prison and three years of parole, but avoided prison time due to credits he received for serving 560 days in the county jail. At trial she denied appellant's words alone frightened her." Ramirez did not meet Clayton Clark until after defendant was arrested. Debbie said that "Sheila" wanted to get on the phone. (People v. Bolin (1998) 18 Cal.4th 297, 340.) When due for release from prison in March 2005, guards caught Ramirez with a kite that included a rewritten NF constitution and a message from Anthony "Chuco" Guillen, one of the NF generals in Pelican Bay Prison, regarding the loss of authority of the NF generals who had been relocated to federal prisons. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. And that's Count One, that's being actively involved in a criminal street gang. Since the 1920s, the 38th Street gang has continued its criminal activities and has evolved to become one of Californias most violent street gangs. 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 When the ally produced a gun, Clark shot them both. N]ow, I understand he has motive to help[] the actual gang member. As the prosecutor argued to the jury, that second phone conversation amounts to substantial evidence that defendant intended his wife to take his letter as a threat. (Id. When he chuckled, she said "Yeah I do, literally, I mean that. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. ( 667.5, subd. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. As a teenager he was involved with Norteo street gangs. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. Greg said Droopy was going to cover it. 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. 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." La Positiva 31.12.2022. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. In the end it's all about money, and how they go about it. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" Gillotte was not aware that Cervantes actually had been removed by an assault. The issues were brought before the jury. ." . March 20, 2015 / 11:00 PM He received two ounces of PCP from Mario Cisneros every seven to 10 days. . 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." Anthony "Chavo" Jacobs is currently in prison, After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. However, no one until now has described this call as threatening. 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. This dialog followed. (Ibid.). 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. The section 995 motion was denied on July 9, 2010. Clark said he had asked Rodriguez to ask her what happened. 519.) A NR member who was the second in command would not have the authority to deem someone no good. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. [] If you find the Defendant guilty of more than one count of conspiracy, you will then include [a] finding as to whether there is one overall conspiracy or separate and distinct conspiracies. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. 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. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. Tirri was housed on 2nd East Max. 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 "]; 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."].). September 1, 2010 / 9:38 AM / CBS San Francisco. The Ruiz kite described a dispute at Elmwood concerning who was in charge and a Northerner who was falsely claiming to have the higher status of a NF member. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. Interact directly with CaseMine users looking for advocates in your area of specialization. I think it's at leastI don't think you can reject Frank Ruiz's testimony. at p. Defendant had also served prior prison terms for the possession offenses. Had defense counsel asked for an instruction like CALCRIM No. " " 'There's also a registered sex offender in M-8. On December 17, 2007, the police conducted a search of Debbie's residence while she and her housemate, Leslie Frost, defendant's cousin, were present.