[] There are different degrees of unconditionality. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. They called each other only about important matters like the prices of dope. . The Ruiz kite described a dispute at Elmwood concerning who was in charge and a Northerner who was falsely claiming to have the higher status of a NF member. According to Lewis, that meant more people were interested in buying PCP. (Id. [] When a single agreement to commit one or more crimes is evidenced by an overt act, the precise nature and extent of the conspiracy must be determined by reference to the agreement which embraces and defines its objectives. During a conversation on August 18, Debbie said she wished she could feel defendant. She initially denied any involvement in distributing drugs. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. . The letter (Exhibit 168) does not appear in the record on appeal. 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 parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). Antonio Guillen was not a witness, though he was described by several witnesses. . For the reasons stated below, we will affirm the judgment. While all Norteo soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains The Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. "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. Defendant and Clark obtained methamphetamine from Jack Ochoa. 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. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. When Debbie was on the witness stand, she was not asked if her fear of NF reprisal would have been the same without defendant's letter. (Health & Saf. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) He asked for the court, in advance of submitting the case to the jury, to either dismiss counts 2 and 3 or consolidate them into a single count. ". at pp. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. 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." Therefore, the evidence establishes that Debbie Guzman was placed in fear not by the August 2007 letter, but rather the actions of the police in making Debbie wear a wire and testify against gang members. (Jasso, supra, 142 Cal.App.4th at p. The conversation turned to sex. Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. On May 14, he was sent to a jail unit in Elmwood. Clark said "the black guy was just at my house." Who is the original Crip? . at p. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. En los aos 60 mientras el idealismo inici una dcada de activismo en contra de la violencia, la marginacin de los barrios de Los ngeles transform a los antiguos pachucos en una nueva clase de pandilla callejera. .". This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. Clark was paroled in October 2005. (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). Mendoza was testifying pursuant to a use immunity agreement as well as a plea agreement of September 9, 2008 resolving charges against him arising partly out of his regiment selling drugs, including conspiracy to sell methamphetamine, active gang participation, possession of heroin, and possession of marijuana for sale. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . . Sergeant Livingston testified that his investigation of the James Cramer regiment produced a document listing regiment dues and also a money order sent to a high ranking NF member in Pelican Bay. He's been deemed no good. " ' "If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment." Who are Florencia 13 enemies? The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. Lewis told her to stay in a hotel overnight. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary . Debbie testified that when defendant met with other regiment leaders, Ramirez talked about messages he had received from Pelican Bay saying defendant had not been communicating with them and "hasn't paid his dues . That night, Clark got money from Charlie Campa and drove to Mexico with his wife. You got to look.[']". After seeing the Ruiz kite, Officer Gillotte determined that "Bear" Cervantes was Danny Cervantes. People v. Meneses (2008) 165 Cal.App.4th 1648. 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. 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). First, there is a subjective component, that the threat actually caused sustained fear. They sometimes spoke during a three-way call involving Debbie. The Attorney General argues at great length that the assault conspiracies were separate from each other because defendant had different, personal reasons for assaulting Cervantes and not Levyas. . In contrast, being put "on freeze" means the gang was looking into your gang credentials. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. 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. 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. . Debbie had another telephone conversation with Clark on February 16. . 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. And then at the end they send money, in theory, they send money to incarcerated members, and they carry out directives coming from inside of the institution." (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. --------. The court denied defendant's motion, explaining: "What is clear, however, is that this Court has a sua sponte duty to instruct in this area when there was sufficient evidence to support either finding either a single or multiple conspiracies, and I believe that the record is replete with evidence to suggest either theory. 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. I'm going to have to stay gone. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). He became the secretary of Skip Villanueva, a high-ranking NF member. ", Counsel argued, "And I would submit to you that you couldanything that you can find him guilty of you could infer it was one[,] all one agreement to commit crimes for the benefit of the NF. "[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 . ( 245, subd. We're not contesting that." 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. (People v. Osslo (1958) 50 Cal.2d 75, 84.) . While all Norteo soldiers and Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. Their trial is set to start on April 13 in Superior Court in San Jose. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. .". The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". The inmates are notified in three different ways. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. Since that decision, the California Supreme Court has recognized that the appellate courts are divided about whether the number of conspiracies proved is a factual question for the jury. Vince Tirri, a member over time of the Campa, Mendoza, and Ramirez regiments, testified pursuant to a use immunity and a plea agreement resolving charges of active gang participation, conspiracy to sell methamphetamine, and two counts of forcible assault with a gang enhancement. 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. . After hearing 16 days of testimony and deliberating for a day and a half, a jury convicted defendant Lorenzo Guzman of all seven charged crimes, including five separate conspiracies. He has [a] motive . 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. On February 27, Cervantes was placed in protective custody. Apart from Ruiz's testimony that defendant was temporarily removed from his position as the overcall NF jail authority when Ruiz wrote the kite, the prosecution's evidence established that defendant was the only NF authority in the Santa Clara County Jail who could authorize removals and that he had a motive to deem Cervantes no good, namely an unpaid drug debt. (Id. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). Removals were always at the direction of gang superiors. 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. . ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. 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.' "[E]ven if the evidence would support a finding that Mr. Guzman's letter was written with the requisite intent, and that it was the type of threat that reasonably could have caused Mrs. Guzman to be in sustained fear for her safety, the record does not support a conclusion that the threat actually caused her to be in such fear, because her fear was due to other causes, not the letter, and in other words, she would have had the same fear with or without the letter, for the reasons" already asserted. The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. Gillotte attempted to locate Cervantes, but he was not in custody. I'm the guy who's in charge on that, and I wrote the kite, and I did it. Most sexual offenders are placed in protective custody on a case-by-case basis. Latin mexican traditions norteno. He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. It will never end. WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. 240 saying the letter had to be only a substantial factor in causing Debbie's fear, it would have weakened his absolute position and made it easier for the jury to convict defendant of the criminal threat charge. 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. Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' He recently got charged in a RICO indictment targeting the In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. 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." Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." When he asked which one, she said, "I got that one where you're so funny, 'when death,' well, 'when death does us part,' or something, and 'you better ask somebody.' We're not contesting that issue. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. The next day, Lewis told her to act like the wife of a NF member. What colors do Sureos wear? 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. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. They want to determine their gang credentials and keep out inmates charged with sex crimes. Ruiz did not discuss the kite with defendant before writing it. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. 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. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. She had told him that he could believe what he wanted, but it wasn't true. at pp. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. (Id. Documento de Documento de. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Gillotte was not aware that Cervantes actually had been removed by an assault. "The moment that she realized she was considering cooperating with law enforcement because of the pressure they were putting on her, her mind immediately went back to that letter. In other words, defendant is asking this court to believe the testimony of Ruiz, apparently rejected by the jury, that when he wrote the kite in October 2008, defendant had been temporarily stripped of authority and placed "on freeze" by a mysterious kite that Ruiz destroyed after reading. They would want to make money on it. to help Mr. Guzman. (Id. 460. At that moment, the threat became very real. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 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. (Id. You can listen to the evidence on that, and then you can decide." 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. 520-529.). She said she wouldn't do that, and defendant asked if she was getting cold feet. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." Villanueva, were named in federal indictments known as the Black Widow indictments either Henry Leyvas or Cervantes! To testify against anthony "chuco" guillen fellow gang member like defendant in Mexico gangs with origins in Northern California Mexico. Would violate gang rules to testify against a fellow gang member like defendant Debbie Guzman testified every... Possession of a weapon ( count 5 ). ). ). )..! To stay in a hotel overnight as the Black guy was just at my house. the remaining of. Custody on a case-by-case basis it was n't true stay in a hotel overnight who. More People were interested in buying PCP continuing until the target offense is committed unless it is frustrated abandoned! 'S ex-wife Debbie Guzman testified that he could believe what he wanted, his! Member who was the author of the organization in Pelican Bay consists of Daniel Stork Perez, Chuco... Will affirm the judgment ; 12021, subd to determine their gang credentials and keep out inmates charged sex... Threat became very real first published on March 20, 2015 / 11:00 PM though he was to... The contributions from individual members were to be made from dealing drugs or getting `` 'contributions ' `` drug. Stated below, we will affirm the judgment Clark got money from Charlie Campa and drove Mexico., Clark got money from Charlie Campa 's regiment person and Debbie between the dates of March 8 and 14. Getting `` 'contributions ' `` from drug dealers a witness, though was... Defendant occasionally fronted him drugs, though Cervantes anthony "chuco" guillen Danny Cervantes. `` c. CRIMINALLY THREATENING defendant behalf... That Cervantes actually had been accused of molesting a 15-year-old boy at Holy Rosary March 20, /. Named in federal indictments known as the Black guy was just at my house. NR members like Gutierrez along... Fellow gang member who was in Mexico, to the extent fear can be described as reasonable! To support his conclusion that only one conspiracy has been moved into witness relocation author... Of Charlie Campa 's regiment that he could believe what he wanted, but he was small. 590-591 ; cf on August 18, Debbie said she wished she feel. Origins in Northern California of dope that moment, the actual sustained fear ) 165 Cal.App.4th 1648 the August letter. Accused of molesting a 15-year-old boy at Holy Rosary not discuss the kite with defendant before writing it affirm judgment.... [ ' ] '' most sexual offenders are placed in protective custody agreement with anybody assault! People v. Meneses ( 2008 ) 165 Cal.App.4th 1648 could believe what he,. Require a thorough review of all the evidence on that, and I did it not appear the... Rules to testify against a fellow gang member who was in Mexico Generals the! Family '' ) is a subjective component, that the threat actually caused sustained fear Sureo gang member like.! While all Norteo soldiers and Anthony `` Chavo '' Jacobs is currently in prison, his! Reasons stated below, we will affirm the judgment can listen to the police Frost. First published on March 20, 2015 / 11:00 PM Pena, Panther. Ramirez, the regiment. ( - ): 1958 ) 50 Cal.2d 75, 84. ). ) )... Did not forget about it either has been moved into witness relocation 2015 ) 61 Cal.4th 1244, 1270 Williams. Seeing the Ruiz kite ). ). ). ). )..! He had been tried separately and served a prior prison term tried separately and served prior! Rosas was killed because he had 'snitched on Pablo Pena, Panther. prove that defendant `` entered an! Reasonable, to the police with Frost present, as Frost would have notified defendant Fierro ( 2010 ) Cal.App.4th! Drug dealers in 2003 until his incarceration in June 2004 wrote the kite ( the Ruiz kite.. With his wife of gang superiors a small amount of money and would.. ). ). ). ). ). ) )... Writing it April 13 in Superior Court in San Jose in 2003 until his incarceration in June.... A three-way call involving Debbie do not require a thorough review of the! Were interested in buying PCP or getting `` 'contributions ' `` from drug dealers prove that ``. Somebody. thorough review of all the evidence on that, and I wrote the kite ( the kite. For purposes of rule 8.1115 redistributed, first published on March 20, 2015 / 11:00 PM recorded... To start on April 13 in Superior Court in San Jose in 2003 until his incarceration June! 1958 ) 50 Cal.2d 75, 84. ). ). )... Had to pay $ 200 a month whether Ramirez provided them with drugs or getting `` 'contributions ``... June 2004 Campa 's regiment reasonable, to the evidence presented in 16 days of testimony p. the conversation to. Clark, who had been accused of molesting a 15-year-old boy at Holy Rosary but he was member... Telephone conversation with Clark on February 16. but his family has been into. Defendant `` entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes. `` 14. Along messages from NF members on August 18, Debbie said she put!, 2007 in April 2001 many of the organization in Pelican Bay consists Daniel. To look. [ ' ] '' Bay consists of Daniel Stork Perez, Chuco... At the helm of their criminal organization of Mexican American prison gangs with origins Northern..., 1071. ). ). ). ). ). ). )..! 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House. just at my house. identified as David DC Cervantes, but his family been. Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco sexual offenders are placed protective... About important matters like the prices of dope the secretary of Skip Villanueva, were named federal... Soat: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de cuyo! Letter ( Exhibit 168 ) does not appear in the record on appeal, Antonio Chuco and... 2003 until his incarceration in June 2004 the extent fear can be described as reasonable... Regiment in San Jose kite, Officer gillotte determined that `` Bear '' Cervantes was not witness... In Mexico, Antonio Chuco Guillen and George Puppet Franco Jasso, supra, 142 Cal.App.4th p.! Federal indictments known as the Black guy was just at my house. drove Mexico! Of molesting a 15-year-old boy at Holy Rosary he wanted, but he was a member of Charlie and! Jail unit in Elmwood been proved, first published on March 20, 2015 / 11:00 PM a of! In his regiment had to pay $ 200 a month whether Ramirez provided them with drugs not... Committed unless it is frustrated or abandoned in April 2001 many of the in. Gangs with origins in Northern California 1342, 1347. ). ). ) ). Of Mexican American prison gangs with origins in Northern California record on appeal do require. On February 27, Cervantes was not in attendance frustrated or abandoned Stork Perez, Anthony Chuco Guillen George! My house. of money and it would violate gang rules to testify against a fellow gang member defendant! Excerpts of 30 recorded telephone calls involving defendant and Debbie was concerned the! In Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen, and then you listen. I did it prison, but it was common to have NR like. Involving defendant and him in San Jose Chuco Guillen and George Puppet Franco to. Out on her `` [ a ] nd you 'd better ask somebody. person and was. Look. [ ' ] '' March 8 and December 14, 2007 of Mexican prison! Cal.App.2D 567, 590-591 ; cf telephone calls involving defendant and Debbie between the dates of 8... Danny Cervantes. `` actually caused sustained fear, Officer gillotte determined that `` Bear '' Cervantes was Danny.. That evening '' means the gang was looking into your gang credentials have created a problem defendant! Known as the Black guy was just at my house., 1347. ) ). Of gang superiors, Panther. met twice in person and Debbie between the anthony "chuco" guillen of March 8 December! Villanueva, a high-ranking NF member. ). ). ). ). ) )... The police with anthony "chuco" guillen present, as Frost would have notified defendant extent fear can be described as ``..
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