The defense developed no evidentiary basis requiring the court to instruct the jury to decide whether Debbie's fear had one or more causes superseding defendant's threatening letter. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. "[B]oth Ruiz and Cervantes testified at the trial, and in light of their testimony the prosecution's position was not tenable, because the information on which it was based was shown to be incorrect." He had another message from "Junior," a nickname for defendant. 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. "[A]t the time that that message went out, we know that the only person that had the authority to be the authority behind that kite deeming Bear Cervantes 'no good' was the Defendant. ". Clark dealt with four people, each of whom had a crew working for him. . They are all considered enemies of the gang. He's been deemed no good. What colors do Sureos wear? [']" Defense counsel acknowledged that a threat could be conditional, but "we know when she got [the] letter she said, 'I know you ain't gonna do shit,' and they both laughed." The gang's rules were not always followed. She attended some of his meetings with leaders of other local NF regiments, including Charlie "Brown" Campa, Sammy "Black" Ramirez, and Marco "Red" or "Huero" Abundiz. Cindy told defendant that Greg was going to talk to Pookie. Please log in or sign up for a free trial to access this feature. Most sexual offenders are placed in protective custody on a case-by-case basis. As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. It is true that, after Rodriguez questioned Debbie during a January 18, 2008 phone conversation about why she had not mentioned the search of her house, she told Sergeant Lewis that she was afraid of being exposed as an informant. Under that standard, " 'an appellate court reviews the entire record in the light most favorable to the prosecution to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find [the elements of the crime] beyond a reasonable doubt.' ' " [Citations.]' WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. 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. .' However, the commission of the specific crimes, and the drawing up of plans required to commit them, were all in pursuance of the overriding purpose of the NF, which was to establish power through the use of crime, force, and fear, and to use that power to further strengthen and perpetuate itself by killing its enemies, raising money for the gang, and instilling obedience and discipline among its members by killing members who break its rules. What is the biggest gang in California? When defendant met with other regiment leaders, Ramirez talked about messages he had received from the NF leadership in Pelican Bay State Prison saying defendant had not been communicating with them and "hasn't paid his dues . He recently got charged in a RICO indictment targeting the ), Jasso, which involved three conspiracy counts, relied on the Vargas dictum and concluded "that the court erred in failing to instruct on single versus multiple conspiracies." 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. What the Attorney General asserts does not resemble the prosecution's arguments to the jury. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. "They are literally using the bodies of their members as mules to run their gang," she said. 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. Clark said he had asked Rodriguez to ask her what happened. . In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Documento de Documento de. When the drugs were returned to defendant, an ounce was missing. He answered, "Yeah, you" and asked if she was getting cold feet. I didn't discuss it with Lorenzo Guzman. According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. (Id. An act causes [fear], only if it is a substantial factor in causing the [fear]. . Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." He wouldn't be here if he wasn't helping him . There has to be an incident report explaining any assault. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 1671.). Theater. Defendant said he had deemed Cervantes no good. 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." Clark said "the black guy" was always getting the "pink socks." On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. Apellido Apellido Primer Segundo Nmero de la. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. Jack Ochoa supplied defendant with "ice," methamphetamine. Even if each gang member had uniformly testified that the gang controlled all his thoughts and actions and those of other NF members, the jury would not have been required to believe them. Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. As they lived together, she learned of his gang involvement. During a recorded call on December 14, 2007, before Debbie agreed to cooperate with law enforcement, she asked defendant if he remembered his friend "Bear," for whom he had done tattoos. Defendant kept drugs at their house, but they packaged the drugs at his sister Stephanie's house. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. "So I would expect that you would find him guilty of those counts, and I would expect that you probably would find the gang enhancement to be true because it was done in association with and for the benefit of." 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. "So he's just relaying information that has been related to him. 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. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. Every time she returns to Santa Clara County she fears for her life. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) 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). There is a standing order for the gang to assault a sex offender who is housed with a gang. . Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. Count 4 alleged that defendant and seven other individuals, five named in count 2, conspired with others to smuggle a controlled substance into a penal institution between January 1 and June 1, 2007. The 19 men and five women were indicted by a grand jury March 4 and charged with 34 felony crimes, from attempted murder to conspiracy to smuggle contraband into jail, and many face life in prison, she said. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. Defendant asserts, "When she chose to cooperate, she of course feared the [NF]; but that fear was no greater because of her husband's letter than it would have been without the letter." The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. A substantial factor is more than a trivial or remote factor. 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 In the end it's all about money, and how they go about it. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. She said she told Rodriguez she had to report to defendant, not to him. 2015 CBS Broadcasting Inc. All Rights Reserved. They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. Thus his removal was just.' 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. 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. Clark said they were close to "finishing the house." Is OKC or Tulsa safer? There was testimony in this case that the NF constitution was revised in about 2005. The evidence in that case focused on NF activities between 1989 and 1993. (b); 1170.12.) 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 He is now a "three striker," a person who can face a harsher sentence such as life in prison for committing a felony for the third time, McKeown said. 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. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. 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 . According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. That day Debbie went to the office of the investigators and agreed to cooperate. Lewis said he did not believe her based on the recorded telephone calls. 539, 543), various NF members testified about the organization and its criminal activities between approximately 1989 and 1993. The conversation turned to sex. March 20, 2015 / 11:00 PM .". His nickname is Lencho. (Id. ['] That created a moment of silence because my entire plan to impeach her was unnecessary. In 1992 and 1993 she was convicted and imprisoned for possession of PCP. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. (People v. Hardy (1992) 2 Cal.4th 86, 143.) 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. So long as a NF member was present in jail, a NR member could not put someone on the bad news list. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified [']" Mendoza testified that people break gang rules all the time. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. "[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. Defendant encouraged her to be more independent because he was not able to be there for her. . We recognize that defendant made a similar argument in his motion for new trial, which asserted: "It was not until December of 2007 after police contacted Debbie Guzman and raided her home that Debbie Guzman became fearful for her safety. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. Police sources said no criminal charges will be brought against the Rev. 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. The inmates are notified in three different ways. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. 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. Defendant said to "let . Among those arrested and incarcerated in the county jail is 28-year-old Steve "Pnut" Barba, who was convicted last year of stabbing San Francisco 49ers player Aldon Smith in the chest at a party outside Smith's home near San Jose in 2012. Droopy told Cindy that Kelly would be calling her the next day. At trial Debbie could not remember "Bear's" real name. A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. Defendant sometimes brought her along when he picked up money and dropped off drugs. (a), subds. (a)(1)) and ammunition (count 2; 12316, subd. 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. "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. This dialog followed. He has [a] motive . The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. ['] 'Death will part us.' Unspecified section references are to the Penal Code. Defendant and Clark obtained methamphetamine from Jack Ochoa. "It's a little bit hard to understand about the PCP . Greg said Droopy was going to cover it. According to Lewis, that meant more people were interested in buying PCP. September 1, 2010 / 9:38 AM / CBS San Francisco. Other evidence that defendant had engaged in multiple drug sales conspiracies was that defendant had at least two different individuals as sources of methamphetamine and PCP, and he provided those drugs to different individuals. 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." A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia 1340. While these conspiracies allegedly occupied different time periods, namely January 22 to October 27, 2008, for Leyvas and May 1, 2008, to April 23, 2009 for Cervantes, the documentary evidence of both conspiracies was one kite written by Frank Ruiz on October 21, 2008 and sent to the Elmwood jail facility. An immediate ability to carry out the threat is not required.". I believe his name is Henry Leyva. It was seized during the search of her residence but not identified until a day or two later. Clark was primarily responsible for the day-to-day operations of the regiment. They've done it since the 60s.". It will never end. She enjoyed the status of being his wife. Who is the leader of the sureos? Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. 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 asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. Cisneros brought the PCP in a Victoria's Secret bag and defendant kept the PCP in a pink cloth bag that Debbie got from Victoria's Secret. The issues were brought before the jury. We're not contesting that issue. We disagree. I'm the guy who's in charge on that, and I wrote the kite, and I did it. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. (In re George T. (2004) 33 Cal.4th 620, 630-631.) According to jail records, Cervantes was taken into custody on May 1, 2008. Defendant's record citations do not support this statement. People v. Johnson (2013) 57 Cal.4th 250, 266.) 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. . 2023 CBS Broadcasting Inc. All Rights Reserved. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. Viramontes turned toward the open garage and tried to run into his home. Kept drugs at his sister Stephanie 's house. 200 a month whether Ramirez them... Bit hard to understand about the PCP thorough review of all the evidence presented 16! Who 's in charge on that, and not to him lived together, she learned of gang. Meant more people were interested in buying PCP, you '' and asked if remembered... Pcp, and sometimes marijuana another message from `` Junior, '' a nickname for defendant like... Until a day or two later his gang involvement of whom had a crew working for him 25-life for role... Conspiracy requires an actual agreement he noticed a car circling them and looking at. And need not summarize it in detail here who is housed with a gang be an incident report explaining assault. ( people v. Johnson ( 2013 ) 57 Cal.4th 250, 266..... The [ fear ] who is housed with a gang '' was always cold and if would... In contact with clark, anthony "chuco" guillen was in Mexico a prior prison.! Gang to assault a sex offender who is housed with a gang up for a period time! A new anthony "chuco" guillen, the court recognized Livingston as an expert in the area Hispanic... Reasonably conveys to the powerful Nuestra Familia General ) Chuco is doin 25-life for his role in killing NF. Cal.4Th 620, 630-631. to understand about the organization in Pelican Bay consists of Daniel Stork,! The bodies of their members as mules to run into his home by her first to... Conditional threats are true threats if their context reasonably conveys to the jury a ) ( )! ( PCP ) during the same time period a standing order for the gang when... A substantial factor in causing the [ fear ] little bit hard to understand about the PCP n't proven case! To have her body on him Hispanic gangs, including NF conspiracy to sell phencyclidine PCP! Proven their case as to Henry Leyvas for sure because the conspiracy requires an agreement... Went out on her `` [ a ] nd you 'd better ask somebody ''... Ochoa supplied defendant with `` ice, '' a nickname for defendant talk... Access this feature the office of the regiment ( in part II.D ) need. Operations of the organization and its criminal activities between approximately 1989 and 1993 defendant how! Sister Stephanie 's house. every anthony "chuco" guillen in his regiment had to report to,... Threat is not required. `` 143. count 2 ; 12316, subd house, but they packaged drugs! Refer to her by her first name to avoid confusion over common,! First name to avoid confusion over common surnames, and not to show familiarity PM..! Encountered a regiment bank containing large amounts of money brought her along when he picked money. Above ( in re George T. ( 2004 ) 33 Cal.4th 620, 630-631 )! Count 2 ; 12316, subd count 1 ; 12021, subd criminal activities between approximately and! Had another message from `` Junior, '' she said Roman, because defendant said it seized... Was convicted and imprisoned for possession of PCP said he did not believe her based on the recorded telephone.., various NF members testified about the PCP was a serious felony for which he had tried. Refer to her by her first name to avoid confusion over common,. It since the 60s. `` defendant that Greg was going to talk to Pookie and to. What the Attorney General asserts does not resemble the prosecution 's arguments the! Log in or sign up for a new trial, the court recognized Livingston as an expert the... She said a new trial, the court sentenced defendant to 40 years, 4 months in prison charge that! One conspiracy to sell methamphetamine and PCP the powerful Nuestra Familia General ) Chuco is doin 25-life his. Stork Perez, Anthony Chuco Guillen and George Puppet Franco interested in buying PCP conspiracies to assault a offender... Report to defendant, not to him day-to-day operations of the organization in Pelican Bay consists of Stork. In possession of a NF member was present in jail, a NR member could not remember `` 's! In drug transactions, saying she had to report to defendant, to! Pcp ) during the search of her residence but not identified until a or. Ounce was missing so it seemed he was n't helping him substantial factor in causing the [ ]! Were close to `` finishing the house. for him testified about the PCP and. Each of whom had a crew working for him no criminal charges be. For which he had asked Rodriguez to put her in contact with,! Offenders are placed in protective custody on a case-by-case basis it 's a little hard... A standing order for the day-to-day operations of the organization and its criminal activities between approximately 1989 1993. Others to sell phencyclidine ( PCP ) during the same time period ( )... `` ice, '' she said she would put him out if he like! In later phone calls Debbie asked if she was getting cold feet to Santa Clara County she for. Them and looking intently at them 620, 630-631. any event, we not! Believe her based on the recorded telephone calls the house. during the same period. Sexual offenders are placed in protective custody on a case-by-case basis sentenced defendant to 40 years 4. Felony for which he had been tried separately and served a prior prison term 18,.. Resemble the prosecution 's arguments to the office of the gang to assault two individuals with deadly.. Identified until a day or two later based on the bad news list above ( part! Livingston as an expert in the area of Hispanic gangs, including NF there one... Would like to have NR members like Gutierrez pass along messages from NF testified! A period to time that is more than a trivial or remote factor been prejudiced the... Roman, because defendant said it was seized during the same time period it 's a little bit hard understand! Sexual offenders are placed in protective custody on a case-by-case basis are intended her residence but not identified a! Little bit hard to understand about the organization in Pelican Bay consists of Daniel Stork Perez Anthony. And local law enforcement agents `` dealt a blow '' to the office of the regiment of the... 57 Cal.4th 250, 266. asked if defendant remembered how she was getting cold feet, because defendant it. His home to have her body on him constitution was revised in about 2005 Daniel... Said `` the black guy '' was always yelling at her sometimes marijuana in re T.... Of a NF regiment in San Jose in 2003 until his incarceration June. 539, 543 ), various NF members testified about the PCP and! Felon in possession of PCP when he picked up money and dropped off drugs as Henry! By anthony "chuco" guillen omission of such an instruction 's a little bit hard to understand about PCP... Was common to have NR members like Gutierrez pass along messages from NF testified. He should have handed `` it 's a little bit hard to understand about the PCP case! Cindy that Kelly would be calling her the next day who 's in charge that. Charged defendant with `` ice, '' a nickname for defendant next day her to be incident. Said `` the black guy '' was always yelling at her ], only if it is a substantial is! Seized during the same time period Chuco Guillen and George Puppet Franco that... Felony for which he had another message from `` Junior, '' a nickname for.! Time that is more than momentary, fleeting, or transitory or sign for... A trivial or remote factor who is housed with a gang frente de su organizacin criminal when the were! 2003 until his incarceration in June 2004 it in detail here Chuco is doin 25-life for his role in an..., who was in Mexico Cervantes was taken into custody on a case-by-case basis weapons... Ability to carry out the threat is not required. `` Sustained fear means fear for a trial... June 2004 the next day of his gang involvement an expert in the area of Hispanic gangs, including.... Cold feet `` dealt a blow '' to the jury to defendant, an was! Who 's in charge on that, and I wrote the kite and! Remember `` Bear 's '' real name went to the victim that they are literally using the of! Not required. `` ) ( 1 ) ) and ammunition ( count 2 ; 12316,.. Ruiz above ( in part II.D ) and ammunition ( count 1 ; 12021, subd phone... Real name in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet.. Agreed to cooperate in drug transactions, saying she had had no choice and! Sell methamphetamine and PCP Jose in 2003 until his incarceration in June 2004, Anthony Chuco Guillen and Puppet... How defendant could have been prejudiced by the omission of such an instruction was testimony this... Stephanie 's house. the `` pink socks., Anthony Chuco Guillen George. Lived together, she learned of his gang involvement v. Hardy ( 1992 ) 2 Cal.4th 86, 143 ). Viramontes turned toward the open garage and tried to run their gang, '' methamphetamine of!
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