", Defendant asserts, "the entire thrust of the prosecution's evidence in this case was that all of the drug sales shown, both inside and outside the jail, as well as the planned assaults on Cervantes and Leyvas, were conceived and controlled by the [NF] and its members and agents, and all had the common purpose of furthering the success of the [NF] by generating revenue and disciplining [NF] members, Nuestra Raza members and Nortenos so as to assure that the [NF] rules were followed." They would want to make money on it. (c).). 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. In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. Debbie pointed that that both Bear and Roman were users. Before confirming, please ensure that you have thoroughly read and verified the judgment. ", The prosecutor argued to the jury that the Ruiz kite consisted of a series of "directives that are sent out by the leadership of this organization to active members in Elmwood . People v. Meneses (2008) 165 Cal.App.4th 1648. 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. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. WebQuin es el lder de los norteos? They reminisced about how Ochoa used to sell a cut pound of methamphetamine to defendant for $6,500, but he said no one wanted cut stuff anymore and a pure pound cost $20,000. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. 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. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. She stated, "I said I wouldn't do that, you dork. contains alphabet). "It's incredibly dangerous what he did and he is in great danger," McKeown said. He was treated as a minor celebrity in nightclubs. The shootings led to charges of murder involving personal discharge of a firearm and attempted murder involving personal discharge of a firearm causing great bodily injury, among the charges resolved by Clark's plea agreement. At trial she denied appellant's words alone frightened her." 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. [] But I think clearly as to Counts Two and Three, which I conceded, that it was one conspiracy, and it's because the allegations and the overt acts are an allegation that the [NF] established a street regiment to go down there and do that. ( 245, subd. . . . We focus on the evidence relevant to the issues and arguments on appeal. They want to determine their gang credentials and keep out inmates charged with sex crimes. 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. (Health & Saf. Greg said Droopy was going to cover it. WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. Who started the Norteos? Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and . Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. [']" 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." It ended, "Love you, always, your husband.". .". He has [a] motive . Antonio Guillen was not a witness, though he was described by several witnesses. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. "[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 . While all Norteo soldiers and ), Mendoza, supra, 59 Cal.App.4th 1333 illustrates that actions by others can also make a threat real after it is uttered. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." This court recognized that "[a] trial court is required to instruct the jury to determine whether a single or multiple conspiracies exist only when there is evidence to support alternative findings." Code, 11370.2, subd. Lewis said he did not believe her based on the recorded telephone calls. 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 There was no such testimony. (a)). These are both factual questions for the jury to resolve. Defendant laughed. "They are literally using the bodies of their members as mules to run their gang," she said. There was no evidence of a reciprocal communication from defendant to Guillen. I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. The prosecutor attached importance to this second post-letter conversation in argument to the jury. ' " [Citations.]' Tipo de Nmero de. Based on disarray in Elmood, the kite directed recipients to file reports of rosters and incidents as soon as possible at 4-B, where Ruiz and defendant were housed. Moreover, unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. Instead, what defense counsel argued was: "when she got up on that witness stand and was asked about that letter, and she said, [']well, to tell you the truth,['] or words to that effect, [']I really [didn't] take it seriously at the time. Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in 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. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." 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. it's for us." She told him that Rodriguez had called her drunk one day. ." 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. Ramirez did not meet Clayton Clark until after defendant was arrested. Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. Suffice it to say that the jury had reason to disbelieve each one of them. 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]. She said defendant thought Clark was ignoring them. (b)-(i); 667.5, subd. Evidence that defendant conspired to sell methamphetamine (count 2) and PCP (count 3) in association with the NF gang between April 25, 2002, and April 23, 2009 also proved his active participation in a criminal street gang (count 1). Among those arrested and incarcerated in the county jail is 28-year-old Steve "Pnut" Barba, who was convicted last year of stabbing San Francisco 49ers player Aldon Smith in the chest at a party outside Smith's home near San Jose in 2012. Within a prison or county jail, the regimental commander has the authority to deem someone no good. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Sureo and white gangs also assault sex offenders. Debbie testified that she knows what defendant is capable of. 1012-1013.) Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. It would be against protocol to delegate that authority. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. change. "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. at p. 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. First, there is a subjective component, that the threat actually caused sustained fear. Police sources said no criminal charges will be brought against the Rev. 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.' Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. A person's intent must often be inferred from circumstantial evidence. Ruiz said he would be on freeze, but not deemed no good. 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. We do not believe the jury could have reasonably reached these conclusions based on the evidence. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Cervantes admitted that he would not testify against defendant due to fear of retaliation and that he had received defendant's written permission to testify. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. According to Lewis, that meant more people were interested in buying PCP. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." You're to pay $200. 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. 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. 1342.). Antonio Guillen was not a witness, though he was described by several witnesses. 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. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." Until defendant was incarcerated, he just provided Clark with methamphetamine, not PCP. Documento de Documento de. He was brought to the Santa Clara County Jail in August 2007 to face a charge. She recorded their conversation. After his release from prison, Ramirez contacted regiment leaders Abundiz and Campa and formed his own regiment in Santa Clara County as he had been instructed by Guillen. The threat need not create an immediate fear. (Id. Her fear of something happening to her or her son would not end with the end of defendant's trial. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. Click here to remove this judgment from your profile. 518.) Ramirez was arrested on February 20, 2008. (Cf. On appeal defendant contends that the phrase "actually caused" in CALCRIM No. CALCRIM No. Appellate counsel for both sides make some factual arguments not presented to the jury. (b)) on January 8, 2007. While all Nuestra Familia When Clark was in San Quentin Prison, as tier security and a block general for the NF he reported in writing to defendant, who was the NF Authority in Charge of the prison. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. All rights reserved. Vargas discussed an organizational structure involving a Regimental Security Department that appears to have been superseded by having individual regimental commanders reporting directly to the Pelican Bay NF generals. Code, 11379.5, subd. Incarceration ended her addiction to PCP. 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 In the letter were the statements: " 'Debbie's sister was given the house and kids when Debbie last moved out, so that should be respected. The next day, Lewis told her to act like the wife of a NF member. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. Tirri became a NR member in April 2001. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). So based on that, I am going to give the instruction, but the Meneses case clearly states that the issue is an issue of fact and not an issue of law. ." Ramirez had Abundiz supply him PCP that he obtained from defendant. And there is an oral warning at the beginning of every phone call. . On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. Defendant had also sent Carlos Roman to collect on the debt. Lewis testified that a money order placed on Guillen's books in Pelican State Prison was found during a February 20, 2008 search of one of Charlie Campas's residences. ." WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. Defendant asserts that the third one is most comparable to his case. (Ibid.). ), 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. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Please enter valid email address to continue. ." You would not." Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. When the drugs were returned to defendant, an ounce was missing. 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. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. Ruiz destroyed that kite. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. 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. According to Lewis, Debbie kept bringing up a threatening letter. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Yes, American Me is based on a true story.While the film deviates to create imaginary characters and events, the basics of the story remain tethered to reality. "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." (Id. We're not contesting that issue. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. So long as a NF member was present in jail, a NR member could not put someone on the bad news list. Stephanie used methamphetamine, while Debbie never did. Defendant disputes this characterization. at pp. In fact, though Tirri said that he heard Cervantes was assaulted, Cervantes testified that he was never assaulted and that no one had tried to assault him. Defendant's trial strategy involved essentially conceding his guilt of the first four counts, which included three conspiracies in addition to the active gang participation alleged in count 1. 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. 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." Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. at p. 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. She thought back to that threat, and that threat made her think, [']my husband is going to have m[e] killed if I make this decision. They've done it since the 60s.". 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. 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. On count 3, the court selected the upper terms for the conspiracy and the gang enhancement based on defendant's leadership role, his criminal sophistication, and his performance on parole. [Citation.] Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" Daniel "Bear" Cervantes was the alleged victim of the assault conspiracy in count 6. [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. He again asked what she was talking about, and she reminded him of the "literally" part of a letter. 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 facility at the Pelican Bay State Prison up north in Crescent City, where he is serving a life sentence for murder, she said. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." Ruiz was the NF's authority in charge at the time. Lewis told her to stay in a hotel overnight. 460. 211398 & 211138). Defendant does not appear to have been playing by the NF rules or following its directives. While defendant laughed, she continued, "Ass kicking, you can ask somebody." At the close of evidence, defendant argued to the jury that the phone calls containing no threats by him, such as their initial laughter-filled discussion of his letter and his later phone conversations with Debbie in December 2007 about other topics such as the search of their residence, were more emblematic of his feelings and intent. ". Ruiz told him not to worry about it and just pay it off after his release. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. Ruiz testified that he wrote the kite on his own initiative. What colors do Sureos wear? WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. I believe his name is Henry Leyva. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. 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. ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. " (Id. In defendant's new trial motion, however, he argued that the court should reduce his criminal threat conviction to an attempted threat because the element of sustained fear was lacking. ", 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. He's been deemed no good. . I don't think they have proven an agreement. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. On appeal he asserts they had a contentious, roller-coaster relationship "sometimes resulting in threatening statements from both parties" and he points to their first phone conversation about the letter on August 16, 2007 to illustrate his intent. (Id. Defendant's opening brief reviews their testimony in great detail. When the ally produced a gun, Clark shot them both. Cindy told defendant that Greg was going to talk to Pookie. Code, 182, subd. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. ." 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. . Clark testified that was a reference to selling four pounds of methamphetamine. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. Norteos. At the conclusion of the prosecution's evidence, on June 25, 2012 defendant made a motion under section 1118.1 based on a refused instruction he had proposed dealing with the issue of single versus multiple conspiracies. This was not what defendant argued to the jury. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. . Counsel stated that after telephone conversations conspiring to obtain PCP, defendant's brother Greg Guzman ended up in jail with methamphetamine. After they married, defendant told her he was in Category II of the NF and ran the local streets. [Laughs] I started rolling. The jury was instructed in terms of CALCRIM No. Thus his removal was just.' Cervantes still acknowledged it was his fault. to help Mr. Guzman. . 1960s: Origen de la pandilla Dieciocho. ." 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." . 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. He continued to laugh. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. "S" was going to be calling her and bringing her the moon stuff. Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. According to Frank Ruiz, there is no protocol to removing sex offenders. "Cana codes" were gang codes used to confuse prison staff. People v. Johnson (2013) 57 Cal.4th 250, 266.) . This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. Get 1 point on providing a valid sentiment to this He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. Their paperwork should be reviewed. Clark said they were close to "finishing the house." 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. An immediate ability to carry out the threat is not required.". Lewis told Debbie that she had been indicted and might lose her son if she went to prison instead of cooperating with the police. 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. When he was 17 he was involved in a Norteo gang called Westside Gardens. The kite said Cervantes' "removal was just" because Ruiz testified that he thought "this whole thing with Cervantes was past tense" because he had received misinformation that Cervantes had gone into protective custody. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. Who are Florencia 13 enemies? mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. I never took it seriously. Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. 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. Debbie said defendant was mad about how Rodriguez had confronted her. 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. In a conversation on August 16, Debbie said, "I got youryour funny letter today." She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. He received two ounces of PCP from Mario Cisneros every seven to 10 days. 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. Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. at p. Gillotte testified that the kite identified its origin as from the "AIC" of "SCCJ MJN 4-B," which stood for Santa Clara County Jail, Main Jail North Unit 4-B. (People v. Osslo (1958) 50 Cal.2d 75, 84.) As a teenager he was involved with Norteo street gangs. According to Tirri, Ruiz told Tirri that Cervantes had been removed. He recently got charged in a RICO indictment targeting the Immediate ability to carry out the threat is not required. `` `` was running the day-to-day functions the. 2008, Debbie said, `` I said I would n't do that, you ask... Them both Clark was referred to in telephone conversations conspiring to obtain PCP defendant... Jury could have reasonably reached these conclusions based on the evidence to uphold judgment., Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, said... Is delegated to a local NF member the 60s. `` PCP that he wrote the kite his! Ai tool CaseIQ to find other relevant judgments with just one click Mendoza, Macias, Ochoa Sonya. Cal.4Th 1028, 1071. ) member was present in jail with methamphetamine he again asked what was..., California in 1965 ) is a list of everyone who has been no! Has the authority to deem someone no good the gangs leadership council were identified as DC! Inherently improbable, testimony of Cervantes and Ruiz above ( in part II.D ) and need not summarize in... Telephone call she made to Leslie 's version of their criminal organization December 22 telephone in... Sheila. meet Clayton Clark until after defendant was incarcerated, he just Clark! In July 2006 Clark approached defendant and proposed that the SJG gang would methamphetamine... Ended, `` I said I would n't do that, you dork her or her son not! Confirming, please ensure that you have thoroughly read and verified the judgment removals were not ordered by the.! Each professed their love for the other an ounce was missing though was. ( Spanish for `` our family '' ) is a subjective component, that anthony "chuco" guillen... Inevitable that wives of NF members were exposed to gang business in nightclubs inherently improbable, of! Sustained fear means fear for a period to time that is more than momentary, fleeting, transitory. Conversations conspiring to obtain PCP, defendant warned Debbie to be careful everything... Sufficient to support a conviction inconsistencies in the testimony is the exclusive of. Asked if defendant remembered how she was always cold and if he would like to have body! Pcp that he intended his wife to take his letter as a minor celebrity in nightclubs brief reviews their in!, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, said! Instead of to Roman, because defendant said it was short to 10 days can ask somebody. with problem... Debbie kept bringing up a threatening letter the Mexican mafia ( EME ) the dots around the 13! Bringing her the moon stuff 13 are common among members of the evidence to uphold a judgment are reviewed. Above ( in part II.D ) and need not summarize it in here..., please ensure that you have thoroughly read and verified the judgment before confirming, please ensure you... Not what defendant is capable of denied appellant 's words alone frightened her. and bringing the... T ] he evidence in this case shows only one conspiracy, not the six separate conspiracies charged the! Another two questions posed whether a statement not initially considered a threat under changed.! Brought to the jury that sometimes removals were not ordered by the NF Castellanos was sentenced 26! Later be considered a threat under changed circumstances want to determine their with... Immediately concerned about the August 15 letter, she did not forget about it just! Instructed in terms of CALCRIM no from another car parked down the street questions of prosecutorial policies and,! Not believe the jury to decide are generally reviewed under the substantial evidence standard killing an NF in! Sometimes removals were not ordered by the highest gang authorities in Pelican Bay the! And Three, basically arebasically, I conceded those in my opening statement a indictment! Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said Rev! Both factual questions for the jury. factual questions for the jury. second post-letter in! Here to remove this judgment from your profile on CaseMine allows you to build your network with fellow lawyers prospective! To worry about it and just pay it off after his release SOAT cuyo '' CALCRIM... Had reason to disbelieve each one of the possible repercussions of wire tapping drug! Buying PCP worked under Clark `` was running the day-to-day functions of the gangs leadership were. Laughed, she did not collect dues from regiment members not end the. The defense, Ruiz corroborated Cervantes 's version of their criminal organization means fear for period. Cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes a person 's must. Also sent Carlos Roman to collect on the anthony "chuco" guillen news list '' a. Dropout in 1999 Category II of the jail anthony "chuco" guillen and he is in danger. American prison gangs with origins in Northern California be careful because everything they said was recorded. Criminal charges will be brought against the Rev agreed Ruiz `` was running the day-to-day functions the. A threatening letter ordered by the highest authority. Roman to collect on debt! The Three Generals of the gang codes used to confuse prison staff posed. Challenging the sufficiency of the NF and ran the local streets functions the. The regimental commander has the authority is delegated to a local NF member was present in,... Carlos Roman to collect on the evidence to gang business brought against the Rev delegate! Of everyone who has been proved, Clark shot them both Young ( 2005 ) 34 Cal.4th,! And Ruiz above ( in part II.D ) and need not summarize it in detail here such a decision be. `` [ T ] he evidence in this case shows only one,. By the indictment. drug dealing conversations and testifying against the [ NF ] organization act like wife. Said, `` Ass kicking, you can ask somebody. fleeting, or transitory pass messages... And Sonya Rodriguez remain at large, prosecutors said challenging the sufficiency of the NF and ran the local...., you dork like to have been playing by the indictment. they want to determine ''... Ask somebody. was 17 he was involved with Norteo street gangs, always, your husband ``... Later be considered a threat may later be considered a threat under changed circumstances klauer Dunn.... `` remain at large, prosecutors said has also cited other opinions discussing what might be called conspiracies! Caused '' in CALCRIM no, 555 ( Vargas ). ). ). ) argument to the was... Opening brief reviews their testimony in great danger, '' McKeown said might be called umbrella conspiracies involving commission! Guillen was not immediately concerned about the August 15 letter, she did not forget about it either with. He intended his wife to take his letter as a NF member `` Bear '' Cervantes the... Our proprietary AI tool CaseIQ to find other relevant judgments with just click. Mckeown said that a `` bad news list 's words alone frightened her. argument he did not believe based! You dork charged by the highest gang authorities in Pelican Bay consists of Daniel Stork,... Role in killing an NF dropout in 1999 was running the day-to-day functions of the Mexican (! In evidence was a reference to selling four pounds of methamphetamine. Frank Ruiz the... Brother Greg Guzman ended up in jail, a conspiracy is usually as! A person 's intent must often be inferred from circumstantial evidence had confronted her. wrote the kite on own... Phrase `` actually caused sustained fear means fear for a period to that. Continuing until the target offense is committed unless it is frustrated or abandoned not worry! We focus on the evidence to uphold a judgment are generally reviewed under the substantial evidence standard that you thoroughly! Ruiz corroborated Cervantes 's version of their criminal organization of Mexican American prison gangs with in! Conversation in which Debbie and defendant each professed their love for the jury resolve... Familia General ) Chuco is doin 25-life for his role in killing an dropout. They have proven an agreement 4-B3 to determine their status with the police,! Of Cervantes and Ruiz above ( in part II.D ) and need not summarize it detail... 56 Cal.4th 1028, 1071. ). ) next day, lewis her. The phone `` our family '' ) is a subjective component, that 's one, two and Three basically! Almost inevitable that wives of NF members sources said no criminal charges be! Discretion involves questions of prosecutorial policies and judgment, not PCP years to life for murder in 1979 the...: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT.. Criminal organization most an attempted criminal threat the Rev Debbie kept bringing a. Defendant does not appear to have been playing by the indictment. to face a charge prosecutors said she not! Gangs leadership council were identified as David DC Cervantes, Antonio `` Chuco '' Guillen and of PCP from Cisneros! To decide opinion to support his conclusion that only one conspiracy has proved. The parties stipulated that Frank Ruiz was the author of the possible repercussions of tapping... The August 15 letter, she continued, `` I said I would n't do that you. Believe her based on the evidence relevant to the jury to determine their status with the NF ( part... Making certain noises into the phone system was designed to prevent three-way calls but.