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. This dialog followed. with that brown ride." According to Sergeant Lewis, when Debbie began cooperating, she spoke with two intermediaries of Clayton Clark, one named Anthony Solis and his cousin Moses Rodriguez. 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. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. Tipo de Nmero de. Like you said in your letter, I'm like whatever, I mean that." Debbie testified that when defendant met with other regiment leaders, Ramirez talked about messages he had received from Pelican Bay saying defendant had not been communicating with them and "hasn't paid his dues . Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." B. 520-529.). 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. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. His words were that " '[h]e was going to talk to some guys from Happy Town,' " his criminal street gang, because she had " 'fucked up his brother's testimony . 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. Clark called Debbie on February 5, 2008. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. The evidence in that case focused on NF activities between 1989 and 1993. ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). Latin mexican traditions norteno. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. Ruiz testified that he wrote the kite on his own initiative. A few minutes later, her sister came home and told her defendant's friend was looking for her. Norteos. A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia They've done it since the 60s.". 1300 has a technical meaning peculiar to the law that requires definition. 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. 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." . Defendant asserts, "When she chose to cooperate, she of course feared the [NF]; but that fear was no greater because of her husband's letter than it would have been without the letter." (Id. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. . His son Danny and Stephanie helped. 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. They want to determine their gang credentials and keep out inmates charged with sex crimes. La Eme ainda est activa? They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. It's not an issue of law. Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. And that's Count One, that's being actively involved in a criminal street gang. Defendant disputes this characterization. I don't think they have proven an agreement. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. (Id. Five, Six and Seven. And that authority only resides with the regimental commander, and that was the Defendant. Defendant was similarly the authority for Ruiz's kite identifying Leyvas as a target for removal, even if NF policy allowed the removal of a sex offender without a regimental commander's prior written approval, as defendant suggests. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. Ruiz destroyed that kite. It's a fact. The messages, written in English with in micro-lettering on tiny pieces of paper, sometimes use codes, such as female names in place of specific men and even the titles of popular films, according to prosecutors. . 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. . Before trial, in a motion to set aside the indictment defendant contended that "Counts 2, 3, 4, 6 and 7 should either be set aside or consolidated into one single conspiracy count" instead of being pursued as separate conspiracies. 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. March 20, 2015 / 11:00 PM At trial Debbie could not remember "Bear's" real name. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. ", We consider Vargas, supra, 91 Cal.App.4th 506 to have been a unique case factually where the prosecution's evidence of one overall conspiracy was apparently so compelling that no reasonable juror could have found the existence of more than one conspiracy. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. Clark said he had asked Rodriguez to ask her what happened. (a)(1).) Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. We observe that it is not unusual in this kind of multi-week, multi-count gang case for the parties on appeal to lose track of the facts presented to the jury and the arguments made by their trial attorneys. Join Facebook to connect with Anthony Guillen and others you may know. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. 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." (c).). Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. 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. 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. I think it's at leastI don't think you can reject Frank Ruiz's testimony. (Id. Click here to remove this judgment from your profile. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. It means you are in bad standing with the organization. He was confirmed as a NF member when he returned from Mexico. It was for the jury to determine their credibility. (Ibid.). "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. 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. WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. For a period of time, Vince Tirri was Ramirez's second-in-command. There were four cells. However, this court rejected Vargas's contention, stating, "Assuming that more conspiracy counts could have been charged under the facts, the decision to charge defendant with only one conspiracy count was a prosecutorial charging discretion that we do not review. Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 1340. at p. They married in October 2005. In the other two were Frank Ruiz and Marco Abundiz. Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. The court denied defendant's motion, explaining: "What is clear, however, is that this Court has a sua sponte duty to instruct in this area when there was sufficient evidence to support either finding either a single or multiple conspiracies, and I believe that the record is replete with evidence to suggest either theory. 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. However, the commission of the specific crimes, and the drawing up of plans required to commit them, were all in pursuance of the overriding purpose of the NF, which was to establish power through the use of crime, force, and fear, and to use that power to further strengthen and perpetuate itself by killing its enemies, raising money for the gang, and instilling obedience and discipline among its members by killing members who break its rules. Tirri was arrested in October 2006. change. 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. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. 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. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. In the end it's all about money, and how they go about it. "[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. 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