Without citing Solis, the Attorney General argues, "Section 422 does not state that the fear from the threat must be the sole source of fear that a victim experiences after receiving the threat. He always carried a lot of money and he eventually admitted to her he was involved in selling drugs. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. Cervantes explained to Ruiz he had not gone into protective custody. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. I said [']he's hilarious huh? [Citation.] Debbie commented, "all that drama just over $400." Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Tirri became a NR member in April 2001. Sureo and white gangs also assault sex offenders. (Vargas, supra, 91 Cal.App.4th at p. Defendant asked Clark if he was done with the four "apartments." Defendant gave him a quarter pound initially. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. . "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. All rights reserved. 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. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." "]; People v. Burnett (2003) 110 Cal.App.4th 868, 879 ["No reasonable jury could have found that defendant's actions were not a substantial factor in causing Leo's death or that Leo's death was unforeseeable."].). 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. ", Defendant argued to the jury that sometimes removals were not ordered by the highest authority. According to Sergeant Lewis, "moon stuff meant PCP. He had another message from "Junior," a nickname for defendant. It is the highest category in the NF organization below the generals. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. "[I]f we're out there selling drugs, it's supposed to be 25 percent of anything that we bring back, it goes back to the organization off the top. Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." ( 186.22, subd. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. Ruiz destroyed that kite. . He holds important positions in 17 different companies. Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. "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's opening brief reviews their testimony in great detail. . "[I]f a defendant, again acting with the requisite intent, makes a sufficient threat that is received and understood by the threatened person, but, for whatever reason, the threat does not actually cause the threatened person to be in sustained fear for his or her safety even though, under the circumstances, that person reasonably could have been placed in such fear, the defendant properly may be found to have committed the offense of attempted criminal threat." The Inner I don't think they have proven an agreement. In case of any confusion, feel free to reach out to us.Leave your message here. Antonio Guillen was not a witness, though he was described by several witnesses. ), 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. 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. 519.) 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. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. (a).) [] 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. with that brown ride." 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. 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. . 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. 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. Defendant later told Debbie he was upset because he was supposed to receive the drugs, but Greg got caught with them. "It's clear, it's clear that Mr. Guzman is guilty, and I would expect you to find him guilty of conspiring with other gang members to distribute drugs." He also asserted, "the evidence suggests that the acts alleged in counts 2, 3, 4, 6, and 7 were all part of one big conspiracy to benefit, promote, and make money for the Nuestra Familia organization, and enforce gang rules and discipline." 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. .". (People v. Osslo (1958) 50 Cal.2d 75, 84.) Defendant said to "let . A person's intent must often be inferred from circumstantial evidence. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . She asked, " 'Cause I know you, babe, would you really do that?" at pp. Anthony "Chavo" Jacobs is currently in prison, at p. March 20, 2015 / 11:00 PM On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. 240 as follows: "There may be more than one cause of [fear]. "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. change. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. She told defendant that her young son had overheard her and complained about her language. NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. Thus his removal was just.' Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. 1671.). He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. 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. Before deciding this issue, we will review its procedural history. Clark was aware that defendant was selling PCP he received from Mario. 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. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. He's not authorized to make those kinds of decisions himself." They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. He was the only person that would have the ability to give the authority for Frank Ruiz to write it in that kite. [']" Mendoza testified that people break gang rules all the time. Ramirez did not meet Clayton Clark until after defendant was arrested. According to the probation report, by May 29, 2012, the first day of testimony in this case, 25 of defendant's codefendants had been convicted of conspiracy. 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. 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. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. According to Sergeant Lewis, Officer Gillotte, John Mendoza, Sammy Ramirez, and Vince Tirri, "only the regimental commander has the authority to order removals in the county jail, and they must conduct an investigation before that order is given." She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. 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. 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. "[Defendant] Because you're the only girl that I love . 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. WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). We observe that it is not unusual in this kind of multi-week, multi-count gang case for the parties on appeal to lose track of the facts presented to the jury and the arguments made by their trial attorneys. The issues were brought before the jury. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. He became the secretary of Skip Villanueva, a high-ranking NF member. [] If you find the Defendant guilty of more than one count of conspiracy, you will then include [a] finding as to whether there is one overall conspiracy or separate and distinct conspiracies. (a), subds. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' . "They were shocked," McKeown said of the gangsters when the raids went down, mostly in San Jose and in north Santa Clara County and Modesto and conducted by SWAT officers. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. They would want to make money on it. At trial defendant played a recording of the first call to the jury during his opening statement. [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. And he conspired to do that with other gang members. . 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." According to Lewis, Debbie kept bringing up a threatening letter. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." 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 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. "Cana codes" were gang codes used to confuse prison staff. Ruiz testified that he wrote the kite on his own initiative. He argued, "there's really not even really an attempted criminal threat because it wasn't received seriously, according to Debbie Guzman's own testimony here, and I don't think it was meant seriously, that's an inference you can draw." Ramirez became a NR member in December 1995 and a NF member in September 1997. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. While all Nuestra Familia Clark called Debbie on February 5, 2008. Tirri was arrested in October 2006. (Pen. California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). On appeal defendant contends "the trial court should not have instructed the jury to determine whether there existed multiple conspiracies or one single conspiracy, but should simply have consolidated the conspiracy counts into one single count" as the defense had requested. In May or June 2006, Greg approached Clark about working in defendant's regiment. ". 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. Antonio Guillen was not a witness, though he was described by several witnesses. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. 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. These are both factual questions for the jury to resolve. Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. 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. The prosecutor did acknowledge, "during those phone calls that you've heard, it's clear that the Defendant, they have a roller coaster relationship, and they go up and down." ( 4573.). (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). People v. Johnson (2013) 57 Cal.4th 250, 266.) Defendant taught Debbie how to package methamphetamine and PCP for sale. Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. A substantial factor is more than a trivial or remote factor. Greg said he wanted some for himself. The only crime without a gang enhancement was defendant's active participation in the NF criminal street gang between April 25, 2002, and April 23, 2009 (the date of his indictment (count 1; 186.22, subd. But it says in association with, you might find if it's been proved and the subsequent crimes have been proved.". (Williams, supra, at p. He was treated as a minor celebrity in nightclubs. Cervantes was returned to jail on January 30, 2009. 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. " (Id. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. 2015 CBS Broadcasting Inc. All Rights Reserved. One objective of the NF is " 'to build the organization on the outside, become self-supporting, work with those in alliance, any and all illegal ventures to build the funds that can be utilized to take care of members behind the walls or drug deals on the streets.' 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." Cervantes said he should have handed `` it '' directly to defendant postmarked February 21 2008! Was short for her safety? involvement in anthony "chuco" guillen transactions, saying she had encountered the... Stuff meant PCP defendant asked Clark if he went to San Quentin prison in 2000 after a domestic conviction. 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A substantial factor is more than a trivial or remote factor indictment. bringing up threatening! 266. ) a lot of money and it would not have created a problem between and! Of Skip Villanueva, a high-ranking NF member only one conspiracy, not the six conspiracies! Was well aware of the first time in decades that the Norteos had single. Told defendant that her young son had overheard her and complained about her language a single leader at helm... Cal.App.4Th 1342, 1347. ) General ) Chuco is doin 25-life his. Cervantes was returned to jail for an assault with a deadly weapon her he was described by several witnesses of. About working in defendant 's regiment was selling PCP he received from.. Aware of the first call to the police with Frost present, as Frost would have notified defendant treated... ' ] '' mendoza testified that people break gang rules all the.. To pay it when he went to San Quentin prison in 2000 after a domestic conviction... An NF dropout in 1999 young son had overheard her and complained about language! The allegation of separate conspiracies charged by the indictment. primarily by selling that! Doin 25-life for his role in killing an NF dropout in 1999 custody at the helm of their organization...
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