. Finally, in a passage quoted by defendant, this court stated: "In fact, the record evidence points only to one conspiracythe agreement to establish the NF as a criminal gang to commit murder, robbery, burglary, extortion, and drug trafficking, among other crimes. Incarceration ended her addiction to PCP. 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. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. March 20, 2015 / 11:00 PM The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." . There was testimony about Guillen's communication with leaders of other NF regiments. He argues that Debbie's fear was caused not by his August 1997 letter, but by the NF's reputation for dealing harshly with snitches. Sigue activa La Eme? Their trial is set to start on April 13 in Superior Court in San Jose. He became a Category III member after his arrest. According to Lewis, Debbie kept bringing up a threatening letter. I believe his name is Henry Leyva. They did not meet in person at the time. 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. As the Attorney General states, "the defense theory was that the interactions between appellant and his wife showed that the letter did not cause fear, not that it was only a remote cause of the fear." There was no evidence of a reciprocal communication from defendant to Guillen. We need not closely examine or itemize the distinct details of each conspiracy to determine whether a factual issue was presented regarding the number of conspiracies. 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. He asked why she had not disclosed that the police had searched her house. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. 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. 1338.) The informant, who agreed to turn state's evidence, is a convict currently in protective custody in the Santa Clara County jail, where his name has appeared on a "hit list" due his assisting law enforcement, she said. Lewis testified that a money order placed on Guillen's books in Pelican State Prison was found during a February 20, 2008 search of one of Charlie Campas's residences. 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." C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. Debbie resumed using PCP with defendant in 2006. La Positiva 31.12.2022. What does Kanpol tattoo mean? Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. So long as a NF member was present in jail, a NR member could not put someone on the bad news list. In May or June 2006, Greg approached Clark about working in defendant's regiment. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. Ruiz did not discuss the kite with defendant before writing it. At 1:36 p.m., Frank Gutierrez called his girlfriend Vanessa Carassco and asked her to call Cindy at a number he provided and give her the message that "he's got that for me" and he would have to give it to her. He asked what and she answered, "The [']literally['] part." Ruiz told him not to worry about it and just pay it off after his release. That was "the genesis of that letter." At the time, defendant and Gutierrez were housed together in 2nd East Max. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. In that case, tried in early 1997 (id. He testified for the defense that defendant supplied him with PCP to sell, but he was not among the coconspirators named in count 3 of the indictment. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). 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. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. --------. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. That's really what it all comes down to when you're talking about [NF]. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. 1671.). He was treated as a minor celebrity in nightclubs. to help Mr. Guzman. Clark said they were close to "finishing the house." . She had told him that he could believe what he wanted, but it wasn't true. We do not understand the distinction attempted in this last point. During intake they sign a form acknowledging that phone calls can be monitored. 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. . (a)(1)) and ammunition (count 2; 12316, subd. For the same reason we will do the same for other individuals, such as defendant's brother Greg. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. Shortly after they met again he moved in with her. ['] Shut the hell up. Founded 1968; Allies: Nuestra Familia Hells Angels Outlaws Motorcycle Club People Nation CJNG Crips {in some state such as Washington and change. Theater. "[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. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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." "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. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. His implicit premise is that the trial evidence as a matter of law proved the existence of one overall conspiracy that involved the commission of the five separate crimes. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. . Mendoza was testifying pursuant to a use immunity agreement as well as a plea agreement of September 9, 2008 resolving charges against him arising partly out of his regiment selling drugs, including conspiracy to sell methamphetamine, active gang participation, possession of heroin, and possession of marijuana for sale. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. 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. Their paperwork should be reviewed. [] 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. If you have found the Defendant guilty of more than one coun[t] of conspiracy, you must then determine whether there was one overall conspiracy to commit multiple crimes, or whether there were separate conspiracies. He became a NR member in 1989 and a NF member in 1994. According to Debbie, defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but was not doing it. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. 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