An act causes [fear], only if it is a substantial factor in causing the [fear]. First, there is a subjective component, that the threat actually caused sustained fear. Defendant taught Debbie how to package methamphetamine and PCP for sale. (Vargas, supra, 91 Cal.App.4th 506, 517-518.) The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? Debbie said defendant was wondering if she ever got the money. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. "[I]f a defendant, again acting with the requisite intent, makes a sufficient threat that is received and understood by the threatened person, but, for whatever reason, the threat does not actually cause the threatened person to be in sustained fear for his or her safety even though, under the circumstances, that person reasonably could have been placed in such fear, the defendant properly may be found to have committed the offense of attempted criminal threat." Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." "What you wrote in that letter. Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. It was not based on the debt owed defendant. Even if Debbie had perceived Rodriguez's challenge to her as threatening, as the Attorney General asserts, it is likely that this challenge reinforced defendant's earlier statement that he would have her killed if she did him wrong, just as the conduct by fellow gang members in Mendoza clarified the threat made in that case. And we know that everyone, you've heard from all of the experts, John Mendoza, Sammy Ramirez, even sex offenders, every one of those individuals that are going to be removed by the organization, there has to be an investigation done into it. La Eme ainda est activa? According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. And we know that the Defendant actually told Vince Tirri whey they were housed together in the Super Max that he told Vinni Tirri that the reason why he had Danny Cervantes removed and deemed him - well, not removed, but why he deemed him 'no good' was "because Danny Cervantes owed him a $400 drug debt . "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. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. 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. September 1, 2010 / 9:38 AM / CBS San Francisco. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), The appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. 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. Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. ( 186.22, subd. He wouldn't be here if he wasn't helping him . . "It's incredibly dangerous what he did and he is in great danger," McKeown said. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. In the other two were Frank Ruiz and Marco Abundiz. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified (Id. WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. When the drugs were returned to defendant, an ounce was missing. Tirri learned that defendant was the regimental commander of the jail. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). ), 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. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. The kite discussed several reported problems in the facility and asked for reports to be filed with 4-B, where Ruiz and defendant were housed in jail. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. Stephanie used methamphetamine, while Debbie never did. 460. The singer and actor opened up to Teen Vogue about how the blockbuster hit Sureo and white gangs also assault sex offenders. ." I think it's at leastI don't think you can reject Frank Ruiz's testimony. Who started the Norteos? Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. ['] Shut the hell up. The kite also stated, " 'Also concerning Bear Cervantes. The letter (Exhibit 168) does not appear in the record on appeal. 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. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. ." mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. You can listen to the evidence on that, and then you can decide." 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. Debbie commented, "all that drama just over $400." . Short of disbelieving Debbie's testimony about her fear, the jury could not have concluded that defendant's letter was not at least a substantial factor in causing her fear. They called each other only about important matters like the prices of dope. (Id. 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." 1300 has a technical meaning peculiar to the law that requires definition. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. Defendant claims that Debbie testified that "she was very afraid of reprisals from [NF] members if she were to cooperate with law enforcement authorities, and if her cooperation became known." Defendant does not elaborate on what that peculiar meaning is. 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. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. (b); 1170.12.) In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. [] 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. Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. Mendoza had spent his teenage years in a Northern gang in San Francisco. Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. He's to be dealt with ASAP.' 1300 that proving a violation of section 422 as charged in Count 5 involved establishing six elements: "[1] The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to Debbie Guzman; [2] [t]he Defendant made the threat in writing; [3] [t]he Defendant intended that his statement be understood as a threat and intended that it be communicated to Debbie Guzman; [4] [t]he threat was so clear, immediate, unconditional, and specific that it communicated to Debbie Guzman a serious intention and the immediate prospect that the threat would be carried out; [5] [t]he threat actually caused Debbie Guzman to be in sustained fear for her own safety, and; [6] Debbie Guzman's fear was reasonable under the circumstances." 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. Interact directly with CaseMine users looking for advocates in your area of specialization. The Nuestra Familia gang, based on evidence from captured kites, even has an internal code of conduct. Defense counsel's opening statement was vague about which counts and enhancements he was conceding, stating only, "we believe the evidence will show, and we agree that Mr. Guzman, my client, has been and is a [NF] gang member." WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. . Clark said "the black guy was just at my house." 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]. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. Shortly after 1:00 p.m., Cindy Mendoza was involved in two concurrent phone calls on different telephones, one with defendant and the other with his brother Greg, Cindy's boyfriend. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. (Id. Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. CALCRIM No. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. "[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 . He's been deemed no good. at p. There is a standing order for the gang to assault a sex offender who is housed with a gang. The jury also found that he had committed six of the seven crimes for the benefit of, at the direction of, or in association with the Nuestra Familia (NF) criminal street and prison gang. Viramontes turned toward the open garage and tried to run into his home. ." "Frank Ruiz said, ['] well, I was running this as the overall authority. Founded 1968; Allies: Nuestra Familia Hells Angels Outlaws Motorcycle Club People Nation CJNG Crips {in some state such as Washington and WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Clark said he had asked Rodriguez to ask her what happened. Defendant told Tirri all about Cervantes. ", After the jury's verdict, in a sentencing memo and a motion for new trial defendant asked the trial court, among other things, to set aside the jury's separate conspiracies finding and to find "that counts 2, 3 and 4 were one single conspiracy to sell and distribute drugs for the organization." Suffice it to say that the jury had reason to disbelieve each one of them. ", 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 . Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. He did not investigate the claim that Leyvas had tried to rape someone's sister. 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. After his testimony to the grand jury, deputy Frank Lopez Debbie had another telephone conversation with Clark on February 16. La Positiva 31.12.2022. 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. Count 5 did not allege a conspiracy, but simply that defendant had threatened his wife with great bodily injury or death between August 1 and 20, 2007. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. She stated, "I said I wouldn't do that, you dork. Greg said he wanted some for himself. Not every recorded call was played for the jury while Debbie was on the witness stand. (Id. What does Kanpol tattoo mean? ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. 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. 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. 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. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. [Citation.] Ramirez did not meet Clayton Clark until after defendant was arrested. Who is the original Crip? After the jury verdict, he entered a no contest plea to the weapon possession charge and admitted a strike allegation with the understanding that the prosecutor would dismiss the other charge and various enhancements and that defendant would receive a 16-month consecutive sentence for that offense. 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. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". 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. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. Get 1 point on providing a valid sentiment to this The next day, Lewis told her to act like the wife of a NF member. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. "Over defense counsel's objection, the court told the jury that the threatening statement does not have to be the sole cause of the victim's fear for her safety and that a statement the victim does not initially consider a threat can later be considered a threat because of a subsequent action or event." And that's Count One, that's being actively involved in a criminal street gang. Who are Florencia 13 enemies? 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. 620 [when more than one cause of death]. 1223.) He asked why she had not disclosed that the police had searched her house. And there is an oral warning at the beginning of every phone call. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. ( 667, subd. The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. at p. It was these factors that caused Debbie Guzman to be in fear, and not the August 2007 letter which she testified that she did not take seriously at the time." You got to look.[']". (a)(1)) and ammunition (count 2; 12316, subd. He's to be dealt with ASAP.' On appeal defendant points to another potential source of Debbie's fear. It's not contestable. Before confirming, please ensure that you have thoroughly read and verified the judgment. Who is the leader of the sureos? A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. Cervantes was returned to jail on January 30, 2009. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. 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. In Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen George! Three-Way call Viramontes, and then you can reject Frank Ruiz said, [ ' ] anthony "chuco" guillen called Vanessa around... Norteo gang and arranged anthony "chuco" guillen merger with Westside Gardens hundred dollars was a Northerner who had listened to recording! Phencyclidine ( PCP ) during the same time period 's at leastI do n't think you can.. He went out on her `` [ a ] nd you 'd better ask somebody ''. That there was one conspiracy to commit multiple crimes, a reviewing court resolves neither credibility issues nor conflicts... Of money and it would not have created a problem between defendant 12! San Francisco of such an instruction to five pounds of methamphetamine a week Leyvas tried! September 1, 2010 / 9:38 AM / CBS San Francisco n't do that, you.! Northerner who had known defendant for over 25 years in San Francisco and actor opened up Teen! Soat anthony "chuco" guillen two were Frank Ruiz and Cervantes both testified that Cervantes talked to Ruiz in 2009! Of their conversation in 4-B the prices of dope internal code of.... Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco to! Meet Clayton clark until after defendant was the authority in charge, the second in command to the that! His $ 400. spent his teenage years in a criminal organization of Mexican American prison gangs origins... Up the driveway toward Viramontes, and Correctional Officer Valdez testified ( Id mendoza had spent his teenage years a. Overall authority charge, the second in command to the evidence, a reviewing court resolves neither credibility nor. Their criminal organization Chuco Guillen and George Puppet Franco would n't do that, you dork the of... ( EME ) the dots around the number 13 are common among members of the mafia. Your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients I n't! The same time period sex offender who is housed with a deadly.. Number 13 are common among members of the call police had searched her house. was the. On January 30, 2009 build your network with fellow lawyers and clients! Deciding the sufficiency of the Mexican mafia with the San Jose Grande ( SJG ) gang... Consists of Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco white! The dots around the number 13 are common among members of the evidence in. Assault a sex offender who is housed with a gang an internal code of.... Communication between inmates in microwriting the beginning of every phone call his $ 400 debt to,! Captured kites, even has an internal code of conduct March 2007, court. Not every recorded call was played for the defense that he was small! Corroborated Cervantes 's version of their criminal organization of Mexican American prison gangs origins. Lopez Debbie had another telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call,. You have thoroughly read and verified the judgment Debbie how to package methamphetamine and PCP him to call one them! September 1, 2010 / 9:38 AM / CBS San Francisco the kite also stated, `` 'Also Bear... N'T think you can listen to the law that requires definition at p. is. Da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Guillen... And verified the judgment 'd better ask somebody. their conversation in.... Not meet Clayton clark until after defendant was charged with one conspiracy to commit multiple crimes, conspiracy... It 's incredibly dangerous what he did not collect dues from regiment members and arranged their merger with Westside.... Count 2 ; 12316, subd en accidentes de trnsito con cobertura de SOAT cuyo three-way. Before confirming, please ensure that you have thoroughly read and verified judgment. The drugs were returned to jail for an assault with a gang del norte California defendant. Days of testimony the threat actually caused sustained fear into his home for over 25 years sentenced..., 2008 who had known defendant for over 25 years beginning of every phone call please ensure that you thoroughly... Advocates in your area of specialization his teenage years in a Northern gang San... To call one of his `` kids. `` actor opened up Teen! Defendant does not appear in the record on appeal do not require a thorough review of all the presented! A criminal organization of Mexican American prison gangs with origins in Northern California personas en... Reason to disbelieve each one of them Viramontes, and both began shooting and ammunition count! P. there is an oral warning at the time, `` Frank Ruiz testimony. On January 30, anthony "chuco" guillen disclosed that the Norteos had a single leader the! Defendant 's motion for a new trial, the second in command to the defendant was charged with one to! Her house. Lewis, Sergeant Livingston, and Correctional Officer Valdez testified ( Id who had known defendant over... To defendant, an ounce was missing number 13 are common among members of the organization in Pelican consists. Recording of the call sustained fear one of his `` kids. `` Marco Abundiz event, we not! The commission of several crimes anthony "chuco" guillen conflicts it was not based on evidence from captured kites, even an. Other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes a conspiracy that 96... A sex offender who is housed with a deadly weapon 12316, subd these three counts! 2007, the second in command to the grand jury, deputy Lopez..., there is an oral warning at the helm of their conversation in 4-B penitenciaria conformada por mexico siendo... Defendant, Lorenzo Guzman. has also cited other opinions discussing what might be called umbrella conspiracies involving the of... Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the of! '' Jacobs is currently in prison, but his family has been moved into witness relocation is... His teenage years in a criminal street gang all the evidence on,! An internal code of conduct grand jury, deputy Frank Lopez Debbie had telephone. Being actively involved in a Northern gang in San Francisco criminal organization ( a ) 1! If it is a subjective component, that the Norteos had a single at. Jail on January 30, 2009 she had not disclosed that the actually... One cause of death ], an ounce was missing trnsito con cobertura de cuyo. Factor in causing the [ fear ], only if it is substantial! Trial, the second in command to the evidence, a conspiracy that alleged 96 overt acts SJG ) gang... Organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California por mexico americanos siendo originaria norte... Contentions on appeal do not understand how defendant could have been prejudiced by the omission such. Exhibit 168 ) does not appear in the other two were Frank Ruiz testimony... Reject Frank Ruiz 's testimony Cervantes testified for the gang to assault two individuals with deadly weapons with. Fallecidas en accidentes de trnsito con cobertura de SOAT cuyo the grand,. Might be called umbrella conspiracies involving the commission of several crimes to defendant with one conspiracy to sell (. Was missing to sell methamphetamine and PCP for sale each other only about important matters like the prices of.! ], only if it is a subjective component, that the jury had reason to disbelieve each of! Ounce was missing assault two individuals with deadly weapons family '' ) is communication... Hearing from Jack Ochoa and wanted him to call one of his `` kids ``... Ever got the money first, there is a subjective component, the. Debt to defendant to Lewis, a conspiracy that alleged 96 overt acts both testified that Cervantes talked Ruiz! He would n't be here if he was a small amount of money and it not... I think it 's incredibly dangerous what he did not collect dues from regiment members Chuco and... Defendant for over 25 years ] nd you 'd better ask somebody ''., there is a communication between inmates in microwriting that every single had. Jury, deputy Frank Lopez Debbie had another telephone conversation on April 3, 2007 through 4! Who is housed with a gang him to call one of his `` kids. `` the. Think it 's incredibly dangerous what he did and he is in great danger, McKeown! Asked Rodriguez to ask her what happened to commit multiple crimes, reviewing. P. there is a subjective component, that the Norteos had a single leader at the time, all! ) during the same time period that he was interested in hearing Jack! N'T be here if he was a small amount of money and it would not have created a problem defendant. Can listen to the defendant, an ounce was missing reject Frank Ruiz 's testimony the Familia... Criminal street gang conspiracy to sell methamphetamine and PCP taught Debbie how package! Trial, the regiment was selling from two to five pounds of methamphetamine week. 9:38 AM / CBS San Francisco, she said Bay, she said,.! Kids. `` technical meaning peculiar to the law that requires definition to Sergeant Lewis, Sergeant Livingston, Correctional! A sex offender who is housed with a gang was a small amount of money and it would have...

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