.". A person's intent must often be inferred from circumstantial evidence. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. Even if each gang member had uniformly testified that the gang controlled all his thoughts and actions and those of other NF members, the jury would not have been required to believe them. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. The girls got to learn how to clean house and learn to live and work together.' Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. Code, 11379, subd. Debbie pointed that that both Bear and Roman were users. The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. It's commission monthlies, they call them monthlies on every member of the regiment is to pay $200, and it goes back to the main bank plus the 25 percent." Please log in or sign up for a free trial to access this feature. If you have found the Defendant guilty of more than one coun[t] of conspiracy, you must then determine whether there was one overall conspiracy to commit multiple crimes, or whether there were separate conspiracies. I didn't discuss it with Lorenzo Guzman. I believe his name is Henry Leyva. (a).) She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. 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. 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. As the Attorney General states, "the defense theory was that the interactions between appellant and his wife showed that the letter did not cause fear, not that it was only a remote cause of the fear." This dialog followed. [] 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. You know you ain't gonna do shit." The next day, Lewis told her to act like the wife of a NF member. Yes, American Me is based on a true story.While the film deviates to create imaginary characters and events, the basics of the story remain tethered to reality. You can listen to the evidence on that, and then you can decide." 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. On appeal he asserts they had a contentious, roller-coaster relationship "sometimes resulting in threatening statements from both parties" and he points to their first phone conversation about the letter on August 16, 2007 to illustrate his intent. Defendant sometimes brought her along when he picked up money and dropped off drugs. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. Moreover, this court did not recognize any prejudice to defendant being charged with one conspiracy instead of multiple conspiracies. at p. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. 1671.). ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. 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. During a conversation on August 18, Debbie said she wished she could feel defendant. When he was 17 he was involved in a Norteo gang called Westside Gardens. ' " [Citations.]' , but it's clear that they were moving drugs. Documento de Documento de. Antonio Guillen was not a witness, though he was described by several witnesses. 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. The remaining leadership of the organization in A few minutes later, her sister came home and told her defendant's friend was looking for her. The Attorney General provides no record citations for these statements. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". (Id. 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. Click here to remove this judgment from your profile. They are all considered enemies of the gang. As a teenager he was involved with Norteo street gangs. . Roman said he had not touched it. As we have summarized above (in part II.A.5), there was evidence in this case that some regiments continued to operate that way, but not defendant's. The Attorney General also explains how federal decisions have differentiated " 'vertical' " or " 'chain' " conspiracies from " 'hub and spoke' " conspiracies, while acknowledging the distinction "is of only limited value in determining whether an illegal drug distribution network is one or more conspiracies. ", 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. " " 'There's also a registered sex offender in M-8. Algunas Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. Debbie said defendant was mad about how Rodriguez had confronted her. "It was a successful day out.". La Positiva 31.12.2022. Defendant encouraged her to be more independent because he was not able to be there for her. And so if you make a bad decision, if you remove someone for reasons that are unjust, that person could be subject to discipline by the organization themselves. He had another message from "Junior," a nickname for defendant. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). No matter how compelling the proof was in the 1997 trial in Vargas, the resulting appellate opinion does not prove a single fact in this case. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." She told him that Rodriguez had called her drunk one day. The next rung of leaders in Pelican Bay includes Daniel Stork Perez of Salinas; Anthony Chuco Guillen of San Jose, who was involved in the murder of a 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. Ramirez became a Category II member in September 1998. . The Nuestra Familia gang, based on evidence from captured kites, even has an internal code of conduct. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). 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. 2015 CBS Broadcasting Inc. All Rights Reserved. Because if my baby does me wrong, death going to part us. Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. 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. He worked under defendant when they were both in 4-B3. 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 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. . 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. There has to be an incident report explaining any assault. 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 . 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. . He was brought to the Santa Clara County Jail in August 2007 to face a charge. WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. Incarceration ended her addiction to PCP. Get 2 points on providing a valid reason for the above The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. She told defendant that her young son had overheard her and complained about her language. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." Before confirming, please ensure that you have thoroughly read and verified the judgment. Clark said he had asked Rodriguez to ask her what happened. They sometimes spoke during a three-way call involving Debbie. Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. The decision to kill Rosas, being one in furtherance of the overriding purpose of the conspiracy, was part of the overall conspiracy, and hence cannot be the basis for filing a separate charge of conspiracy." No one has to approve it even if the offender is a NR member. 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. For a period of time, Vince Tirri was Ramirez's second-in-command. 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. 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 . 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.). He testified for the defense that defendant supplied him with PCP to sell, but he was not among the coconspirators named in count 3 of the indictment. Solis is a member or associate of the SJG criminal street gang in which Clark was involved. He did not want to go at first but he was placed in protective custody. --------. In the other two were Frank Ruiz and Marco Abundiz. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. Ruiz said he would be on freeze, but not deemed no good. Debbie commented, "all that drama just over $400." On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. Defendant does not appear to have been playing by the NF rules or following its directives. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. You would not." Who is the leader of the sureos? In the end it's all about money, and how they go about it. At the time, defendant and Gutierrez were housed together in 2nd East Max. In a conversation on August 16, Debbie said, "I got youryour funny letter today." 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 . 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." 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