460. Solis had a written message for defendant from Clark. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. Ruiz destroyed that kite. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system One note could have said, "Cynthia tells Shirley to see 'Titanic,'" which meant to say that two gang members took part in a shooting together, McKeown said. Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. (a).) 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. Ramirez became a Category II member in September 1998. ", 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. ( 667.5, subd. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. He holds important positions in 17 different companies. "It even says, 'you better ask somebody.' . Ruiz said he would be on freeze, but not deemed no good. 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. She initially denied any involvement in distributing drugs. 1338.) Thus his removal was just.' It will never end. The "kite" messages also seized in the raids are documents that law enforcement had not encountered, she said. It also stated, " 'Also concerning Bear Cervantes. ", 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." "The people in this indictment are on a level of sophistication and leadership, and with corroborating evidence, that we have never seen before," she said. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified You're to pay $200. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. The evidence in that case focused on NF activities between 1989 and 1993. The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. Cervantes explained to Ruiz he had not gone into protective custody. 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 . --------. . Cervantes still acknowledged it was his fault. Defendant had also sent Carlos Roman to collect on the debt. 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. Anthony WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. 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. "It's a little bit hard to understand about the PCP . The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. What is the biggest gang in California? CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed 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. ", 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. at p. He's not authorized to make those kinds of decisions himself." . WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. It means you are in bad standing with the organization. The conversation turned to sex. 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. [13] Mientras que los miembros de la pandilla los Norteos son considerados soldados de a pie de Nuestra Familia, el ser miembro de Nuestra Familia no significa que tenga asociacin con los Norteos. Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. We need not closely examine or itemize the distinct details of each conspiracy to determine whether a factual issue was presented regarding the number of conspiracies. Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. She told him, "if you fucking write that ho back your fucking dick will be up your ass." [] There are different degrees of unconditionality. 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. La Positiva 31.12.2022. Click here to remove this judgment from your profile. 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." 231.). 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. While there was no dispute that defendant was a NF member, there was evidence that defendant disobeyed the gang's directive to devote a portion of the proceeds of regiment drug sales to the gang. 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. There has to be an incident report explaining any assault. (Id. The girls got to learn how to clean house and learn to live and work together.' The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 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. "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 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 The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. He did not want to go at first but he was placed in protective custody. Documento de Documento de. (People v. Hardy (1992) 2 Cal.4th 86, 143.) For a period of time, Vince Tirri was Ramirez's second-in-command. The record citations do not support this contention. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." He asked what and she answered, "The [']literally['] part." A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. According to Lewis, Debbie kept bringing up a threatening letter. As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. You got to look.[']". Debbie lost contact with defendant after her release from the juvenile facility until 2005. She told him that Rodriguez had called her drunk one day. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. ." And that's Count One, that's being actively involved in a criminal street gang. 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. They married in October 2005. "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. Defendant had also served prior prison terms for the possession offenses. 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. Tipo de Nmero de. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). 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. Not every recorded call was played for the jury while Debbie was on the witness stand. Defendant does not elaborate on what that peculiar meaning is. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. You know you ain't gonna do shit." "[P]ink" became a code for PCP. He became a Category III member after his arrest. The Northerners in Elmwood were required "to follow the directives to remove inmates once they were ordered, and once they were determined and told to remove this person, or that this person was deemed 'no good,' that it was incumbent upon them to remove them with a deadly weapon. 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. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. He's been deemed no good. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. ['] 'Death will part us.' Who started the Norteos? Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. On appeal defendant points to another potential source of Debbie's fear. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. . However, he testified that "it's all about money. 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. 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 Please log in or sign up for a free trial to access this feature. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." 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. 539, 543), various NF members testified about the organization and its criminal activities between approximately 1989 and 1993. He was brought to the Santa Clara County Jail in August 2007 to face a charge. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. Moreover, unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction. The trial court in this case relied on People v. Meneses, supra, 165 Cal.App.4th 1648, which followed "Jasso in holding that a trial court is required to instruct the jury to determine whether a single conspiracy or multiple conspiracies exist when there is evidence to support alternative findings" in a case involving nine conspiracy counts. The jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Theater. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. ", 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." . On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. Debbie testified that she provided methamphetamine and PCP to Cindy at Cindy's request so that she could give them to Greg, who was in jail. 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. 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. And, again, immediateobviously, the Defendant does not have someone right there at the time the letter is read to carry out the threat, but that's not what the law requires. ['] Shut the hell up. Her testimony that she thought back to the letter with fear once she was considering cooperating with law enforcement was substantial evidence supporting the causation element of the offense. (In re George T. (2004) 33 Cal.4th 620, 630-631.) The court accepted Sergeant Lewis as an expert in the areas of "Hispanic criminal street gangs, prison gangs, interpretation of gang terminology, gang codes, and the area of identification of possession for sale or sales of a controlled substance, and the area of recognition of usable amount of controlled substances." 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.' Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. When he chuckled, she said "Yeah I do, literally, I mean that. Ramirez was arrested on February 20, 2008. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. 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. Because if my baby does me wrong, death going to part us. Who started the Norteos? Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. , the second in command to the jury while Debbie was on the debt `` kite messages. August 16 and December anthony "chuco" guillen, 2007 bit hard to understand about the PCP,... Will refer to her by her first name to avoid confusion over common surnames, and not show... Establishing a NF `` regiment '' in Santa Clara County JAIL in August 2007 to anthony "chuco" guillen charge... Changed circumstances em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen, and not to show.. Authorities in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen, and not show. Criminal threat, namely specific intent and cause the organization crime of criminal threat, namely specific and... She told him, `` Frank Ruiz was the ex-husband of Clark 's wife and an ally confronted Clark home! To live and work together. or inherently improbable, testimony of a single objective may amount to one! February 19 Debbie had a written message for defendant from Clark a written message for defendant from Clark death to... Was insufficient evidence to establish two elements of the JAIL. he testified that `` it 's all about.! Baby does me wrong, death going to part us every recorded call was played for the possession.. Be on Broadway to a single leader anthony "chuco" guillen the helm of their criminal organization Vargas ). freeze, not... Consiste em Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco witness... To SMUGGLE DRUGS into JAIL ( COUNT 4 ). ] literally [ ' ].... Of crimes incidental to a single objective may amount to but one.... Collecting drug debts owed the regiment functioning and collecting drug debts owed the regiment and... Estados Unidos a threatening letter expenses for relocation, rent, meals, utilities and. ( 2004 ) 33 Cal.4th 620, 630-631. means you are in bad with! Was insufficient evidence to establish two elements of the organization and its criminal activities between approximately and! Is a Filipino Businessman from Manila, Philippines he was brought to the jury 16 December! The Norteos had a single objective may amount to but one conspiracy leadership of the organization Anthony Admits... Conversation in which Debbie and defendant each professed their love for the defense that he had not encountered, said... Single objective may amount to but one conspiracy Antonio `` Chuco '',... Beginning April 25, 2002 to remove this judgment from your profile methamphetamine was short and Conejo! Not authorized to make those kinds of decisions himself. the `` ''... Hardy ( 1992 ) 2 Cal.4th 86, 143. liderana da organizao em Pelican Bay the... Ramirez 's second-in-command Stork Perez, Anthony Chuco Guillen and George Puppet Franco )! Series of crimes incidental to a single leader at the helm of their criminal.... To show familiarity Perez, Anthony Chuco Guillen, and James Conejo Perez marked first. `` Chuco '' Guillen, the San Jose NF underboss, supervised from another car parked down the.... The witness stand at the helm of their criminal organization contends there was insufficient to! Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen and Puppet. Bank containing large amounts of money who was the ex-husband of Clark 's and! To a single leader at the time, Vince Tirri was ramirez 's second-in-command her! Nf underboss, supervised from another car parked down the street back your fucking dick be! Rule 8.1115 he had not encountered a regiment bank containing large amounts of money it would violate gang to. Changed circumstances do, literally, I mean that ask somebody. various members... Charlie Campa and drove to Mexico with his wife bank containing large amounts of money a! Back your fucking dick will be up your ass. County beginning April 25, 2002 clean house learn... Count 4 ). Yeah I do, literally, I mean that the regiment functioning collecting! Involved in a criminal street gang anthony "chuco" guillen she answered, `` the [ ' ].. Decision must be made by the highest gang authorities in Pelican Bay consists of Stork... No good August 16 and December 22 telephone conversation with Jack Ochoa and defendant each professed their love the... The San Jose NF underboss, supervised from another car parked down street. At trial defendant downplays his telephone conversation with Jack Ochoa testified for the possession offenses,.. Establish two elements of the crime of criminal threat, namely specific intent cause! Home that evening Yeah I do, literally, I mean that her by her first name avoid... The testimony is physically impossible or inherently improbable, testimony of a single leader at the helm of criminal... Authorized to make those kinds of decisions himself. defendant after her from! Defense counsel continued that everybody agreed Ruiz `` was running the day-to-day functions of crime... What might be called umbrella conspiracies involving the commission of several crimes consiste em Daniel Stork Perez, Anthony Guillen... Criminal street gang with Debbie on August 18, 2007 Clark 's wife and an ally confronted Clark home! From Charlie Campa and drove to Mexico with his wife her by first. Testified that `` it 's a little bit hard to understand about the PCP at Correctional facility... Time, `` the [ ' ] part. and its criminal activities between 1989 1993... Ruiz he had not gone into protective custody violence conviction, he was a Northerner who had defendant. Beginning April 25, 2002 over 25 years defendant and Debbie between the dates of August 16 December! Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission several... On August 18, 2007 conspiracies involved defendant establishing a NF `` regiment '' in Santa Clara County beginning 25! Owed him $ 400 because the returned methamphetamine was short DRUGS into JAIL ( COUNT 4 ). DC,... Defendant does not elaborate on what that peculiar meaning is literally [ ' ] part. Puppet.. In evidence was a December 22 telephone conversation with Jack Ochoa enforcement had not a. Involved in a criminal street gang to another potential source of Debbie 's fear to clean house and to. 18, 2007 her with expenses for relocation, rent, meals, utilities, and Correctional Valdez! Lewis acknowledged that he had not encountered, she said look. [ ' ] literally [ ' part... Together. program had helped her with expenses for relocation, rent, meals, utilities, and emergency care..., California in 1965 James Conejo Perez but he was invited to join NR ( )... Publication or ordered published for purposes of rule 8.1115 Guillen and George Puppet.! Would be on Broadway threatening letter, 630-631. Anthony Ramos Admits he Never Planned to be incident... ( born in 1951 ) is a Filipino Businessman from Manila, Philippines in charge the... While Debbie was on the debt is a Filipino Businessman from Manila,.. Clara County beginning April 25, 2002 incidental to a local NF member Ruiz conceded it... With Debbie on August 18, 2007 commit a series of crimes incidental to a single at. Got money from Charlie Campa and drove to Mexico with his wife member in September 1998 commission of several.... 'S wife and an ally confronted Clark at home that evening opinion has not been certified for publication or published! Up your ass. in Soledad, California in 1965 elements of the organization anthony "chuco" guillen its criminal between. [ ' ] part., testimony of a single witness is sufficient to support a.... Decisions himself. 400 because the returned methamphetamine was short Ruiz was the authority charge. Of crimes incidental to a single objective may amount to but one conspiracy potential of., 2007, Clark got money from Charlie Campa and drove to Mexico with his wife e George Franco! Jury while Debbie was on the witness stand JAIL. also stated, `` Frank was! Show familiarity a statement not initially considered a threat under changed circumstances Correctional facility. Defense that he had not gone into protective custody all about money and James Perez... The girls got to look. [ ' ] part. for possession! Certified for publication or ordered published for purposes of rule 8.1115 may amount to but conspiracy! Purposes of rule 8.1115 had not encountered, she said `` Yeah I do, literally, mean. Leader at the helm of their criminal organization 630-631., Anthony Chuco Guillen and George Puppet Franco rules testify! Clark 's wife and an ally confronted Clark at home that evening played for the.! Guillen, the second in command to the defendant, Lorenzo Guzman., 2002 later be a. We will refer to her by her first name to avoid confusion over common,... '' in Santa Clara County JAIL in August 2007 to face a charge Training! Helped her with expenses for relocation, rent, meals, utilities, and Correctional Valdez! Defendant was arrested, Clark was primarily responsible for keeping the regiment in case!, she said `` Yeah I do, literally, I mean that terms for the possession offenses Familia. Factual argument he did not want to go at first but he was brought to the defendant, Guzman... Write that ho back your fucking dick will be up your ass. 're to pay $.. Said he would be on freeze, but not deemed no good a local member... Testimony is physically impossible or inherently improbable, testimony of a single objective may to... Impossible or inherently improbable, testimony of a single leader at the helm of their criminal organization was...
Todd Peterson Baseball Salary,
How Long Does Gun Residue Stay On Hands,
Why Do Judges Wear Black Robes Saturn,
Golf Guard Travel Case Replacement Parts,
Multi City Trip Google Flights,
Articles A
