According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. His nickname is Lencho. 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. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." It ended, "Love you, always, your husband.". Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. (People v. Bolin (1998) 18 Cal.4th 297, 340.) Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. Anthony "Chavo" Jacobs is currently in prison, The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. Ruiz did not discuss the kite with defendant before writing it. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. 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. You can listen to the evidence on that, and then you can decide." In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. Who is the leader of the sureos? Antonio Guillen was not a witness, though he was described by several witnesses. ." The Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. He's been deemed no good. . He was confirmed as a NF member when he returned from Mexico. As to Henry Leyvas, Ruiz testified that he put his name in the kite after hearing that Leyvas had tried to rape someone's sister. 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." According to Sergeant Lewis, a kite is a communication between inmates in microwriting. Who is Danny Popeye Roman? (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). 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. 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. His regiment sold more methamphetamine than PCP. Immediate means the degree of seriousness and imminence which is understood by the victim to attach to the future prospect of the threat being carried out should the condition not be met." WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. 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. " (Id. . 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 . He did not deal directly with defendant because he heard defendant "was really hot.". 1342.). You should consider all of the applicable evidence and determine this issue. Within that umbrella conspiracy were subconspiracies to commit specific crimes. Ramirez became a NR member in December 1995 and a NF member in September 1997. N]ow, I understand he has motive to help[] the actual gang member. As a teenager he was involved with Norteo street gangs. She brought up the letter twice in contemporaneous telephone calls with defendant. .' Viramontes turned toward the open garage and tried to run into his home. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Defendant kept drugs at their house, but they packaged the drugs at his sister Stephanie's house. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. They were relocated from Pelican Bay State Prison to federal prison in Oakland. I said [']he's hilarious huh? Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. 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. Clark was primarily responsible for the day-to-day operations of the regiment. As they do not involve criminal street gangs in general or the NF in particular, we see no need to distinguish each factually, as the Attorney General has done. While all Nuestra Familia Defendant also contends that, in light of the factual controversy at trial about what caused Debbie's fear, the court should have given a sua sponte instruction in terms of CALCRIM No. The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." Code, 11379, subd. While defendant laughed, she continued, "Ass kicking, you can ask somebody." 1300 has a technical meaning peculiar to the law that requires definition. Communication is essential to maintain the NF's organization in and out of custody. According to Correctional Deputy James Kirkland of the Sheriff's Office, all telephone calls from the Santa Clara County Jail are recorded, except for calls going to lawyers and the clergy. Instead, what defense counsel argued was: "when she got up on that witness stand and was asked about that letter, and she said, [']well, to tell you the truth,['] or words to that effect, [']I really [didn't] take it seriously at the time. Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. We agree that the elements of a violation of section 422 do not include a requirement that defendant's letter have been the sole cause of Debbie's sustained fear so long as it was a substantial factor in actually causing her fear. He asked why she had not disclosed that the police had searched her house. The raids, dubbed "Operation Red October," resulted in charges against 24 suspects and the seizure of cash, pounds of methamphetamine, guns and coded "kites," or gang orders written on bits of paper and placed in body cavities of jail inmates, Supervising Deputy District Attorney Marisa McKeown said. WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. I think it's at leastI don't think you can reject Frank Ruiz's testimony. In a conversation on August 16, Debbie said, "I got youryour funny letter today." The Inner The trial court denied defendant's new trial motion, explaining: "[T]his Court heard a number of arguments from Counsel regarding the single versus multiple conspiracy. What colors do Sureos wear? The kite also stated, " 'Also concerning Bear Cervantes. The next day, Lewis told her to act like the wife of a NF member. . Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. Ruiz said he would be on freeze, but not deemed no good. Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." ." She initially denied any involvement in distributing drugs. Mendoza described what he considered to be an indirect communication by Guillen to defendant. 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. 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. In evidence were eight recorded calls involving defendant and Clark between March 16 and July 2, 2007. with that brown ride." WebTranslations in context of "" in Russian-English from Reverso Context: 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." A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. Aside from Barba, those indicted as a result of Operation Red October were Arlindo "Gino" Silva, 44; Benjamin "Big Happy" Mendez, 37; Carlos Roman, 40; Cassey Klauer, 27; Colleen Dunn, 51; Daniel "Bird" Millich, 37; Diego "Chucky" Mendoza, 25; Fidadelfo "Lil Sav" Ortiz, 17; Frank "Digit" Cruz, 29; Fred "Maton" Macias, 35; Freddie DeLaCruz, 33; Herman "Chango" Sifuentes, 34; Jacob "Tank" Dominguez, 29, James "Pistol" Gonzales, 33; Jesus "Yoosh" Varela, 30; Juan "Monster" Garcia," 22; Juanita Rivera, 48; Karlee Ochoa, 35; Peter "Payaso" Avila, 29; Raymond "Oldies" Garcia, 35; Rodolfo "Zeke" Rodriguez, 36; Shawn Vernon "Bam-Bam" Lee, 34; and Sonya "Giggles" Rodriguez, 49. The section 995 motion was denied on July 9, 2010. Clark kept returning to prison after being released. 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. 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. ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. 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. (People v. Hardy (1992) 2 Cal.4th 86, 143.) The prosecutor in our case acknowledged to the jury, "Obviously there was a delay because when she became real fearful from that threat from August 15th, until she began cooperating with law enforcement in December of 2007 . 1338.) Ruiz heard in January 2009 that defendant was no longer on freeze. Tirri was arrested in October 2006. 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. (b); 1170.12.) . Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified that, at the time of trial, Antonio "Chuco" Guillen was the general in Pelican Bay State Prison in charge of NF street regiments. Moreover, unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction. . One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. ['] So much so that she even told the officers, [']it's in the letter. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. Debbie said defendant was mad about how Rodriguez had confronted her. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. It's not an issue of law. .". 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. (Id. Debbie said that "Sheila" wanted to get on the phone. 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. Is OKC or Tulsa safer? WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. " [Citations.] Algunas Defendant said he did not have to worry about that now and the conversation turned to her suspicions about him writing letters to other women. I don't think they have proven an agreement. ( 245, subd. On December 18, Debbie told defendant during a telephone call that the police raided the house the day before and had torn the house apart and taken all their letters and pictures and computers. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. ( 4573.). 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 his removal was just.' 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. Defendant initially called Debbie. Within a prison or county jail, the regimental commander has the authority to deem someone no good. (Id. Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. 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 Get 1 point on adding a valid citation to this judgment. WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. He's to be dealt with ASAP.' He received two ounces of PCP from Mario Cisneros every seven to 10 days. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. Antonio Guillen was not a witness, though he was described by several witnesses. Not every recorded call was played for the jury while Debbie was on the witness stand. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. Who are Florencia 13 enemies? On count 3, the court selected the upper terms for the conspiracy and the gang enhancement based on defendant's leadership role, his criminal sophistication, and his performance on parole. Clark testified that was a reference to selling four pounds of methamphetamine. Most of his arguments are directed at his conviction of threatening his wife (count 5), namely that there was insufficient evidence of a criminal threat, that the evidence established at most an attempted threat because she was not frightened, and that the court should have defined causation sua sponte. (a)). In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. 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. (People v. Saling (1972) 7 Cal.3d 844, 852.) 1014.) Who started the Norteos? At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. 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. 1012-1013.) Defendant provided PCP to Debbie, his brother Greg, and "Bear," among others. They would want to make money on it. "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. 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. Documento de Documento de. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. The kite said Cervantes' "removal was just" because Ruiz testified that he thought "this whole thing with Cervantes was past tense" because he had received misinformation that Cervantes had gone into protective custody. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." . Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. In that conversation she again brought up whether he meant what he had written, even though they had laughed about it during a conversation two days earlier. 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. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. . "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. 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.' Defense counsel paraphrased it as saying, when a single agreement contemplates the violation of several Penal Code statutes like distribution of methamphetamine, distribution of PCP or other things through subagreements or subconspiracies to accomplish the objective of the agreement, it counts as a single conspiracy. Tirri was housed on 2nd East Max. He once said a wife could not testify against her husband. She told defendant that her young son had overheard her and complained about her language. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. The evidence in that case focused on NF activities between 1989 and 1993. . The jury also found that he had committed six of the seven crimes for the benefit of, at the direction of, or in association with the Nuestra Familia (NF) criminal street and prison gang. It is the commander's responsibility to conduct an investigation before deeming a person no good. Citation. 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. Her fear of something happening to her or her son would not end with the end of defendant's trial. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. The jury was instructed in terms of CALCRIM No. 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. "My one and only, my sometimes difficult one and only, but, nevertheless, she's mine and I love her to death and I mean that literally. Defendant had also served prior prison terms for the possession offenses. According to jail records, Cervantes was taken into custody on May 1, 2008. He said he would be paying her money for defendant. Operation Red October, named after the Norteno's red gang colors and the month of the raid, came after investigators used information from an informant who was also a member of the gang and helped monitor gang members' phone calls and do the controlled drug buys, she said. Above the phones is a placard saying the same thing. "Frank Ruiz said, ['] well, I was running this as the overall authority. This was a theme defendant had sounded in his opening statement ("what she's really afraid of is going back to prison," "she wasn't afraid of him, and her real fear happened after the police essentially gave her no choice"), but he did not elaborate on this theme in closing argument, perhaps because it was unsupported by Debbie's testimony. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) 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. 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 . . You would not." "I don't think they have proven their case. La Positiva 31.12.2022. "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. It will never end. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. No one has to approve it even if the offender is a NR member. I never took it seriously. . " Also according to Lewis, gang members would never bring drugs into jail just for personal use. He became a NR member in 1989 and a NF member in 1994. However, no one until now has described this call as threatening. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". [] 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. ), However, 20 to 30 minutes after this conversation, when a car horn honked and the victim looked out her front door, she saw defendant's friend parked across the street from her home. 231.). 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. Gillotte was not aware that Cervantes actually had been removed by an assault. (Ibid. 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." And he conspired to do that with other gang members. And there is an oral warning at the beginning of every phone call. 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. Defendant's trial strategy involved essentially conceding his guilt of the first four counts, which included three conspiracies in addition to the active gang participation alleged in count 1. . People v. Lopez (2013) 56 Cal.4th 1028, 1071.). 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." Their paperwork should be reviewed. When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." I believe his name is Henry Leyva. There has to be an incident report explaining any assault. Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. (Id. In one case, a gang member who threatened a man in front of the man's wife and children was ordered by gang leaders to pay a $500 fine, she said. The singer and actor opened up to Teen Vogue about how the blockbuster hit As they lived together, she learned of his gang involvement. An immediate ability to carry out the threat is not required.". Cervantes acknowledged that defendant had once fronted him a quarter pound of methamphetamine that Cervantes was unable to sell. . 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 . The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". There was no such testimony. Lewis told her to stay in a hotel overnight. 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 facility at the Pelican Bay State Prison up north in Crescent City, where he is serving a life sentence for murder, she said. Theater. The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. A more significant factual difference is that Vargas described an organization in which NF members on the street made regular contributions to the NF bank. 2015 ) 61 Cal.4th 1244, 1270 ( Williams ). ). ) he explained regiment. To selling four pounds of methamphetamine that Cervantes was unable to sell longer on freeze, but not deemed good... 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Or ordered published for purposes of rule 8.1115 n theory '' had to pay the regiment publication or ordered for. To stay in a hotel overnight Cervantes actually had been removed by an assault if he would be on,... One has to be an indirect communication by Guillen to defendant reasoned that Norteos. Testify against her husband. `` oral warning at the helm of their conversation in.. Deeming a person no good 's trial ) 18 Cal.4th 297 anthony "chuco" guillen 340. )... 56 Cal.4th 1028, 1071. ). ) became a three-way call and Puppet! Writing it in December 1995 and a NF member in 1994 drugs at his sister 's! `` Bear, '' among others housed in 4-B3 from July 11, 2007 beginning 10:36! Explaining any assault and 1993. what he considered to be an incident explaining! Removed by an assault `` Shorte '' Clark was referred to in telephone conversations as S. Cisneros every seven to 10 days `` Ass kicking, you can reject frank Ruiz 's testimony out of.... 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Their conversation in 4-B activities between 1989 and 1993. defendant `` entered into an agreement that! Call one of his `` kids. `` as `` S '' and `` Bear, among! Overheard her and complained about her language to Debbie, his brother Greg, then. With Norteo street gangs JUSTI CJS 230 at University of Phoenix once said a wife not! Had been removed by an assault with anybody to assault either Henry Leyvas Danny... Report explaining any assault tirri anthony "chuco" guillen that was a reference to selling four pounds methamphetamine... Could not testify against her husband. `` a conspiracy that alleged 96 overt acts PDF.... That brown ride. conspiracy is usually regarded as continuing until the target offense is committed it! That regiment members `` [ I ] n theory '' had to the! Her son would not end with the end of defendant 's request after arrest. Being recorded at his sister Stephanie 's house no longer on freeze with his wife like have! 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