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). (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) 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. [] There are different degrees of unconditionality. When the drugs were returned to defendant, an ounce was missing. Tirri was arrested in October 2006. Under that standard, " 'an appellate court reviews the entire record in the light most favorable to the prosecution to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find [the elements of the crime] beyond a reasonable doubt.' Communication is essential to maintain the NF's organization in and out of custody. It was for the jury to determine their credibility. Williams determined that when separate conspiracies are not alleged, though conspiracy is a theory of culpability, the jury need not be instructed to agree on whether there was a single or multiple conspiracies. Their trial is set to start on April 13 in Superior Court in San Jose. One was a more inclusive excerpt of a conversation on August 18. "They are literally using the bodies of their members as mules to run their gang," she said. 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. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . (Cf. 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. Without citing Solis, the Attorney General argues, "Section 422 does not state that the fear from the threat must be the sole source of fear that a victim experiences after receiving the threat. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. These are both factual questions for the jury to resolve. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. Defendant said to "let . The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and Debbie had another telephone conversation with Clark on February 16. The Attorney General asserts that the jury in this case could have reasonably concluded: "the NF's goal was simply to have money put in the NF bank and on the books for members of the NF"; defendant's " methamphetamine and PCP conspiracies were in his private interest, each involving separate, if sometimes overlapping groups, and that while he paid dues to NF and was given street authority by Guillen, the conspiracies alleged were not solely conspiracies with members of the NF solely to fund the NF"; and defendant "did not have an agreement with the NF as such, but rather that any agreement he had was with Guillen, the NF general in Pelican Bay who controlled the street regiments." Lewis offered her witness relocation and no charges for her cooperation. 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. 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." 1272. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. ['] So much so that she even told the officers, [']it's in the letter. Roman said he had not touched it. 460. Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. 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." (Ibid.). . A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. Greg said he wanted some for himself. When the ally produced a gun, Clark shot them both. The Ruiz kite, addressed to the Elmwood facility, was intercepted and brought to the attention of Dennis Gillotte, a Correctional Deputy for the Santa Clara County Sheriff's Office. He again asked what she was talking about, and she reminded him of the "literally" part of a letter. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. He has [a] motive . Clark said he had asked Rodriguez to ask her what happened. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. 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. For the reasons stated below, we will affirm the judgment. According to Mendoza, that obligation existed for all regiments throughout Northern California. . It is true that, after Rodriguez questioned Debbie during a January 18, 2008 phone conversation about why she had not mentioned the search of her house, she told Sergeant Lewis that she was afraid of being exposed as an informant. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. At the time, Greg was housed in an area of the jail known as the snake pits, along with David "Pookie" Bermudez and Aldo "Droopy" Martinez. Ramirez became a Category II member in September 1998. All rights reserved. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. He had another message from "Junior," a nickname for defendant. Within that umbrella conspiracy were subconspiracies to commit specific crimes. [] 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. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. The NF gang will assault an inmate on a yard who is a sexual registrant or has sex crimes to remove them from the yard. He said, "I'm not going to, that's what I'm not gonna do. Debbie testified that in many of their phone conversations defendant was either telling her to arrange to have Clayton Clark available for the next telephone call or to contact different people and tell them she was collecting money for defendant. . 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. 620 [when more than one cause of death]. Shortly after they met again he moved in with her. at p. The FBI's Santa Clara County Violent Gang Task Force ran the Oct. 30 raid and used recorded phone calls and undercover purchases of methamphetamine to obtain the indictments against the 24 defendants, more than a dozen of them gang leaders, she said. " [Citations.] His regiment sold more methamphetamine than PCP. However, he testified that "it's all about money. There was no evidence of a reciprocal communication from defendant to Guillen. She told defendant that her young son had overheard her and complained about her language. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' 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. ", The jury in People v. Solis (2001) 90 Cal.App.4th 1002 (Solis) asked the very questions at the heart of defendant's arguments during deliberations about a criminal threat charge. The "kite" messages also seized in the raids are documents that law enforcement had not encountered, she said. The section 995 motion was denied on July 9, 2010. Most sexual offenders are placed in protective custody on a case-by-case basis. He asked for the allegation against defendant to be deleted because defendant was not involved. He wouldn't be here if he wasn't helping him . (Pen. "I don't think they have proven their case. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. We do not believe the jury could have reasonably reached these conclusions based on the evidence. Defendant was "the overall authority in the county jail as the regimental commander . Any NF member can put someone on the bad news list. [] 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. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. She got up on the stand and said, [']I didn't take it seriously. He was on parole when they met. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. He once said a wife could not testify against her husband. Count 7 alleged that defendant and Frank Ruiz conspired with others between January 22 and October 27, 2008 to assault Henry Leyvas, while count 6 alleged that defendant, Ruiz, and another individual conspired with others between May 1, 2008 and April 23, 2009 to assault Daniel Cervantes. Clark was paroled in October 2005. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. 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. 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. The issues were brought before the jury. They would want to make money on it. Citation. ." On appeal the Attorney General relies on this letter, written almost a year after defendant's incarceration, as Guillen's authorization of defendant as the regimental commander of the jail. Join Facebook to connect with Anthony Guillen and others you may know. Tirri was housed on 2nd East Max. Click here to remove this judgment from your profile. 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. Tirri became a NR member in April 2001. His son Danny and Stephanie helped. While he was in prison, he was involved in removals, which usually involved one inmate slashing the face of a gang enemy, after which "the bombers step in with two people who physically assault the individual so the person that was slicing them can get away." Clark did not collect monthly dues from regiment members. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. That was "the genesis of that letter." WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. There is a replete record from which there is a sufficient basis in which a jury did make their findings, so the request to grant a new trial or modify the verdict is denied at this time. Debbie testified that she knows what defendant is capable of. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. Solis is a member or associate of the SJG criminal street gang in which Clark was involved. Solis called Debbie on January 8, 2008 and met with her the next day. Five, Six and Seven. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. She enjoyed the status of being his wife. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. ." Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. Ruiz did not discuss the kite with defendant before writing it. Please enter valid email address to continue. Before his incarceration in 2007, he sold methamphetamine and PCP. He became a NR member in 1989 and a NF member in 1994. She said defendant thought Clark was ignoring them. . We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. That's really what it all comes down to when you're talking about [NF]. I think it's at leastI don't think you can reject Frank Ruiz's testimony. It will never end. 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. 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. at p. 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. . The prosecution responded that some former codefendants just sold methamphetamine, while others just sold PCP, and yet others sold both, so there was evidence of different conspiracies and separate and distinct violations of different statutes. 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. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. "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. As the prosecutor argued to the jury, that second phone conversation amounts to substantial evidence that defendant intended his wife to take his letter as a threat. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. She transitioned out of the program in September 2010 and stopped receiving financial assistance. 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. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. 211398 & 211138). at p. The Inner Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. Defendant initially called Debbie. It is up to the conspirators to establish the primary goal or goals of the conspiracy. Defendant taught Debbie how to package methamphetamine and PCP for sale. ( 4573.). And that authority only resides with the regimental commander, and that was the Defendant. . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. You're to pay $200. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. Debbie said that defendant was eager to get the money. Defendant gave him a quarter pound initially. 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. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. 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. fat ass know . COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). .". 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. Norteos. (Id. 549.) Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. ), 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. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. at p. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. ", 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. They married in October 2005. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. The prosecutor attached importance to this second post-letter conversation in argument to the jury. 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. ", 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. 519.) Ramirez was arrested on February 20, 2008. .' Who is the original Crip? And she even gave him on that phone call, an out; an opportunity to say, [']no[, t]hat was just a joke[, t]hat was just a joke['] because she specifically came back to it and asked him about it, and she said, 'you wouldn't really do that to me,' and he said, 'yeah, I would.' WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. . 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