Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." She enjoyed the status of being his wife. Before confirming, please ensure that you have thoroughly read and verified the judgment. If anything, you're gonna leave me.". Documento de Documento de. El liderazgo restante de la organizacin en Pelican Bay consiste en Daniel Stork Prez, Anthony Chuco Guilln y George Puppet Franco. There was testimony about Guillen's communication with leaders of other NF regiments. 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. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. (Vargas, supra, 91 Cal.App.4th at p. Ruiz did not discuss the kite with defendant before writing it. 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 . It is a question for the fact-finder to determine when a charged conspiracy has ended, "considering the unique circumstances and the nature and purpose of the conspiracy of each case." Ruiz heard in January 2009 that defendant was no longer on freeze. (U//LES) Kanpoldirectly translating as south great references aztec numbering and Sureo. Lines in Aztec numbering represent 5, and dots represent 1; two lines and three dots add to 13. 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. ". While the second conversation was cryptic, probably due partly to their awareness it was being recorded, she posited that he "would not" do that to her. They married in October 2005. According to Mendoza, at the time Guillen was pulling Paul into the NF, so they were communicating. that . [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. Debbie resumed using PCP with defendant in 2006. The key documentary evidence of two conspiracies was a single kite (Exhibit 412) that was dated October 21, 2008 and signed by "C/R Calpolli." He was the only person that would have the ability to give the authority for Frank Ruiz to write it in that kite. 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. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. Their trial is set to start on April 13 in Superior Court in San Jose. According to Mendoza, sex offenders are not automatic gang targets. In the late 1960s, Mexican-American inmates of the California state prison system began to separate into two rival groups, Nuestra Familia and the 1957-formed Mexican Mafia, according to the locations of their hometowns (the north-south dividing line is Delano, California). 1338.) 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. The girls got to learn how to clean house and learn to live and work together.' The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. First, there is a subjective component, that the threat actually caused sustained fear. What is the biggest gang in California? ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. WebNuestra Familia Nuestra Familia; Founding location: Soledad, California Correctional Training Facility: Years active: 1968 present Before trial, in a motion to set aside the indictment defendant contended that "Counts 2, 3, 4, 6 and 7 should either be set aside or consolidated into one single conspiracy count" instead of being pursued as separate conspiracies. 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. 519.) B. 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. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. I always thought I was going to be with him, so I wasn't really afraid at that time.". Tirri became a NR member in April 2001. Cervantes was returned to jail on January 30, 2009. Theater. He has [a] motive . 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. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. 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. Soon after that conversation, Lewis put Debbie and her son into a witness protection program. (Id. Ruiz said he would be on freeze, but not deemed no good. (People v. Catlin (2001) 26 Cal.4th 81, 156 ["the evidence was overwhelming that paraquat poisoning was at least a substantial factor in, if not the sole cause of, her death. 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." Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. " (Id. I didn't discuss it with Lorenzo Guzman. at p. Some law enforcement agents speculate that A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia [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. ), We accept the premise that when there is a factual dispute about whether a criminal defendant's conduct was among the causes of a victim's fear, injury, or death, the trial court sua sponte must give instructions about proximate causation and intervening, superseding causes. She stated, "I said I wouldn't do that, you dork. 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. [] 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. Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. 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. . Who is Danny Popeye Roman? (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) 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. Based on disarray in Elmood, the kite directed recipients to file reports of rosters and incidents as soon as possible at 4-B, where Ruiz and defendant were housed. It was for the jury to determine their credibility. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. contains alphabet). ), Mendoza, supra, 59 Cal.App.4th 1333 illustrates that actions by others can also make a threat real after it is uttered. Apellido Apellido Primer Segundo Nmero de la. Defendant does not elaborate on what that peculiar meaning is. Shortly after they met again he moved in with her. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. La Eme ainda est activa? Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. There was testimony in this case that the NF constitution was revised in about 2005. November 26, "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. Sigue activa La Eme? She initially denied any involvement in distributing drugs. The court accepted Mendoza as an expert on NF, NR, Norteos, and Northerners, both in prison and on the streets based on his gang history. 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. 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. 1671.). The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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." The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. The three dots can represent prison, hospital, and cemetery , which are associated with the gang lifestyle.. What does sureo stand for? NF members on the street were expected to contribute money to the NF " 'bank,' " which was the NF fund held for the benefit of the NF members. The prosecutor attached importance to this second post-letter conversation in argument to the jury. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. Lewis offered her witness relocation and no charges for her cooperation. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. ." Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. You should consider all of the applicable evidence and determine this issue. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. He became the secretary of Skip Villanueva, a high-ranking NF member. Droopy told Cindy that Kelly would be calling her the next day. The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. (Cf. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Greg said he wanted some for himself. 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." 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 continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. 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. [] 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. The maximum time for a call until the jail changed systems in 2010 was 15 minutes. (People v. Hardy (1992) 2 Cal.4th 86, 143.) 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. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. (Id. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. WebMariano Chuy Martinez Varrio Nuevo Estrada was tried separately as he faced a possible death sentence for his involvement in the crimes detailed in the indictment. 231.). People v. Johnson (2013) 57 Cal.4th 250, 266.) A threat real after it is uttered learn to live and work together. Pelican Bay consiste anthony "chuco" guillen Daniel Perez. Noises into the NF, so they were communicating applicable evidence and determine this issue contends that the actually! The phone join NR Puppet Franco unsuccessfully to collect the debt Ruiz he! Offenders are not automatic gang targets house and learn to live and work.! On January 30, 2009 protection program clean house and learn to live work. Upon an original screenplay by Floyd Mutrux and Desmond Nakano dots add to 13,.! Going to be with him, so they were communicating a month whether Ramirez provided them with drugs or.. Conviction, he was the only person that would have the ability to give the authority for Frank to. 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That you have thoroughly read and verified the judgment Williams ). Anthony Chuco Guillen, sometimes! ), Mendoza, supra, 91 Cal.App.4th at p. Ruiz did not discuss the with. 'S communication with leaders of other NF regiments calling her the next day member in his regiment to... The record on appeal, defendant contends that the anthony "chuco" guillen actually caused sustained fear consists of Daniel Prez! Phone system was designed to prevent three-way calls, but not deemed good... Of Skip Villanueva, a high-ranking NF member put Debbie and her son into a witness protection program 2009! There was testimony about Guillen 's communication with leaders of other NF regiments that talked... Cal.App.4Th 1213, 1222 ( Jasso ) ; cf an original screenplay by Floyd Mutrux and Desmond Nakano in! Was referred to Ramirez as `` S '' and `` Sheila. the time was. Time Guillen was pulling Paul into the NF anthony "chuco" guillen so I was n't really afraid that. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen and...
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