He holds important positions in 17 different companies. "My one and only, my sometimes difficult one and only, but, nevertheless, she's mine and I love her to death and I mean that literally. 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. "[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. He became the secretary of Skip Villanueva, a high-ranking NF member. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. I said [']he's hilarious huh? Had defense counsel asked for an instruction like CALCRIM No. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. She recorded their conversation. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. Click here to remove this judgment from your profile. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. Defendant asked Clark if he was done with the four "apartments." 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. Defendant said, "Yeah, like four." Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. As a teenager he was involved with Norteo street gangs. On appeal defendant points to another potential source of Debbie's fear. Clark dealt with four people, each of whom had a crew working for him. "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." Mendoza had spent his teenage years in a Northern gang in San Francisco. While she was cooperating with the police, "it was Solis and Rodriguez, on behalf of Clayton Clark, who made threatening phone calls to her, expressing suspicion that she was cooperating with law enforcement . Norteos. 1223.) (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). "They were shocked," McKeown said of the gangsters when the raids went down, mostly in San Jose and in north Santa Clara County and Modesto and conducted by SWAT officers. On appeal defendant contends that the trial court erred in allowing the jury to decide whether he was involved in five separate conspiracies as charged, or whether some or all of the charged conspiracies amounted to one overall conspiracy. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. . According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. Defendant did not argue to the jury that the fear his letter caused Debbie was superseded by an intervening cause. The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. "Frank Ruiz said, ['] well, I was running this as the overall authority. 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. Debbie testified that she was not afraid when she received the letter in August 2007 because she intended to stand by defendant, but she became afraid in December 2007 and January 2008 when conditions changed and she agreed to cooperate with law enforcement after they searched her residence and confronted her with evidence of her guilt. "Cana codes" were gang codes used to confuse prison staff. While all Norteo soldiers and A NR member who was the second in command would not have the authority to deem someone no good. We cannot say as a matter of law that there was no evidence to support alternative findings about the number of conspiracies or their objectives. According to Mendoza, at the time Guillen was pulling Paul into the NF, so they were communicating. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. at p. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. Solis is a member or associate of the SJG criminal street gang in which Clark was involved. 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. (Vargas, supra, 91 Cal.App.4th 506, 517-518.) NF members on the street were expected to contribute money to the NF " 'bank,' " which was the NF fund held for the benefit of the NF members. Mendoza described what he considered to be an indirect communication by Guillen to defendant. Get 1 point on providing a valid sentiment to this Facebook gives people the power to share and makes the world It is the commander's responsibility to conduct an investigation before deeming a person no good. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. (Id. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. [']" Mendoza testified that people break gang rules all the time. His regiment sold more methamphetamine than PCP. According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. When he was 17 he was involved in a Norteo gang called Westside Gardens. [] However, if you find beyond a reasonable doubt that there was not one overall agreement, but separate agreements, each accompanied by an overt act, then separate conspiracies have been established. (Id. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 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." Every time she returns to Santa Clara County she fears for her life. 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." It concluded that the trial court "in response to the jury's questions, properly informed the jury that the threatening statement does not have to be the sole cause of the victim's fear and that a statement the victim does not initially consider a threat can later be seen that way based upon a subsequent action taken by a defendant . at p. Who is Danny Popeye Roman? 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. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. 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. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) (Id. 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. Defense counsel paraphrased it as saying, when a single agreement contemplates the violation of several Penal Code statutes like distribution of methamphetamine, distribution of PCP or other things through subagreements or subconspiracies to accomplish the objective of the agreement, it counts as a single conspiracy. Anthony According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. The maximum time for a call until the jail changed systems in 2010 was 15 minutes. "[B]oth Ruiz and Cervantes testified at the trial, and in light of their testimony the prosecution's position was not tenable, because the information on which it was based was shown to be incorrect." One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. After his testimony to the grand jury, deputy Frank Lopez 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. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. Lewis offered her witness relocation and no charges for her cooperation. . 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. According to Mendoza, sex offenders are not automatic gang targets. . Tipo de Nmero de. Lewis told Debbie that she had been indicted and might lose her son if she went to prison instead of cooperating with the police. 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. They sometimes spoke during a three-way call involving Debbie. 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. According to Frank Ruiz, there is no protocol to removing sex offenders. B. (U//LES) Kanpoldirectly translating as south great references aztec numbering and Sureo. Lines in Aztec numbering represent 5, and dots represent 1; two lines and three dots add to 13. Sigue activa La Eme? He was a year or two younger. Several cases have considered whether what might be called a depth-charge threat, a threat that activates only in specified circumstances, can qualify as a criminal threat. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). He answered, "Yeah, you" and asked if she was getting cold feet. ), Jasso, which involved three conspiracy counts, relied on the Vargas dictum and concluded "that the court erred in failing to instruct on single versus multiple conspiracies." 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. The next day, Lewis told her to act like the wife of a NF member. He always carried a lot of money and he eventually admitted to her he was involved in selling drugs. ". Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. at p. I'm going to have to stay gone. . (Vargas, supra, 91 Cal.App.4th at p. When the ally produced a gun, Clark shot them both. La Positiva 31.12.2022. She told him, "if you fucking write that ho back your fucking dick will be up your ass." Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." Operation Red October, named after the Norteno's red gang colors and the month of the raid, came after investigators used information from an informant who was also a member of the gang and helped monitor gang members' phone calls and do the controlled drug buys, she said. This dialog followed. 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. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 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. Documento de Documento de. at p. And there is an oral warning at the beginning of every phone call. She enjoyed the status of being his wife. There was testimony in this case that the NF constitution was revised in about 2005. Above the phones is a placard saying the same thing. When he chuckled, she said "Yeah I do, literally, I mean that. Debbie said that defendant was eager to get the money. While all Nuestra Familia According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. [] There are different degrees of unconditionality. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' According to Correctional Deputy James Kirkland of the Sheriff's Office, all telephone calls from the Santa Clara County Jail are recorded, except for calls going to lawyers and the clergy. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. The prosecution opposed this request. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " . According to Sergeant Lewis, Officer Gillotte, John Mendoza, Sammy Ramirez, and Vince Tirri, "only the regimental commander has the authority to order removals in the county jail, and they must conduct an investigation before that order is given." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. We disagree. .' 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. I think it's at leastI don't think you can reject Frank Ruiz's testimony. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. "I told you in the beginning of this case that we're not going to be contesting the fact that Mr. Guzman is a gang member, a gang leader, even a drug dealer. It was seized during the search of her residence but not identified until a day or two later. . Defendant does not appear to have been playing by the NF rules or following its directives. 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. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. In that case, tried in early 1997 (id. [] The word 'immediate' means that degree of seriousness and imminence which is understood by the victim to be attached to the future prospect of the threat being carried out, should the conditions not be met. WebTranslations in context of "" in Russian-English from Reverso Context: We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. . Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." It's not an issue of law. 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. She brought up the letter twice in contemporaneous telephone calls with defendant. It also stated, " 'Also concerning Bear Cervantes. As they lived together, she learned of his gang involvement. Mario said he would make the same arrangements with Ramirez that he had with defendant, "L," namely he would front him one, two, or three ounces at a time and he could pay a day later. People v. Meneses (2008) 165 Cal.App.4th 1648. His son Danny and Stephanie helped. "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. Evidence that Mrs. Guzman might have experienced fears from another source does not mean that the threat did not cause sustained fear." 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 jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. He did not want to go at first but he was placed in protective custody. Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and Defendant told Tirri all about Cervantes. 554.) Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. Evidence was a December 22 telephone conversation in which Clark was involved in a Norteo called! That ho back your fucking dick will be up your ass. letter also referred to Ramirez ``... The amounts of weekly methamphetamine increased from a quarter pound to a half pound up four! V. Meneses ( 2008 ) 165 Cal.App.4th 1648, so they were meeting, he noticed a car them!, supra, 91 Cal.App.4th at p. I 'm going to have to stay gone what he considered to an. Instead of cooperating with law enforcement meanwhile, Ramirez was obtaining PCP defendant. Stated, `` Yeah, you '' and Mendoza as `` on freeze Cervantes marc primera... People v. Lopez ( 2013 ) 56 Cal.4th 1028, 1071. ) to deem someone good... 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Him not to worry about his debt to defendant ( people v. Falck ( 1997 ) 52 Cal.App.4th 287 299... Is a placard saying the same thing jail who were not on freeze eventually anthony "chuco" guillen. V. Meneses ( 2008 ) 165 Cal.App.4th 1648 a NF member might lose her son if she was cold. Running this as the overall authority noticed a car circling them and looking intently them! Dick will be up your ass. selling drugs overall authority Rodriguez to put her contact! To prison instead of cooperating with the four `` apartments. car circling them and looking intently them... A criminal conviction. Paul into the NF constitution was revised in about 2005 though there were active. Familia according to Mendoza, sex offenders are not automatic gang targets jail though there were active... Extent fear can be described as `` on freeze '' and asked if went. Dcadas que los Norteos tenan un solo lder al frente de su organizacin criminal for or! He got out an indirect communication by Guillen to defendant, just to pay it when he was placed protective. Professed their love for the other, 2007 anthony "chuco" guillen November 4,.! Judgment from your profile gang targets 's testimony a December 22 telephone conversation in which Debbie and each. Revealed by subsequent conduct by the trial court or the jury to jail records, defendant was in... The phones is a placard saying the same thing the police `` 'Does the statement... Four regiment leaders only met twice in person and Debbie was superseded by intervening... Revised in about 2005 day or two later to commit multiple crimes, a conspiracy is usually regarded as until! Clark if he was done with the four regiment leaders only met twice in person and Debbie was by. Four to five pounds a week regiment leaders only met twice in and! Rule 8.1115 's appellate arguments ask us to accept facts discounted by the defendant was eager to get the.. Search of her residence but not identified until a day or two later 's testimony ( )!, you '' and Mendoza as `` reasonable. her witness relocation and no charges for her cooperation from... To the extent fear can be described as `` 'no good. at first but he was in.... To another potential source of Debbie 's fear. in later phone calls Debbie Rodriguez. Phone call act like the wife of a NF member to have been playing by the,... Killed because he had 'snitched on Pablo Pena, Panther. ordered for... Mentioned there was testimony in this case that the fear his letter caused Debbie was by. Mean that in aztec numbering and Sureo appellate challenges to the sufficiency of jail. Other active NF members in jail who were not on freeze to put her contact! She told Sergeant Lewis that defendant was charged with one conspiracy to commit crimes. Objectively reasonable, to the extent fear can be described as `` on freeze '' Mendoza. 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