However, he testified that "it's all about money. ( 667, subd. The "kite" messages also seized in the raids are documents that law enforcement had not encountered, she said. "What you wrote in that letter. . She read him the search warrant. Cervantes was returned to jail on January 30, 2009. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary Norteos. Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. "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. He was the only person that would have the ability to give the authority for Frank Ruiz to write it in that kite. 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. Debbie admitted at trial that when she received the letter, "at the time I didn't take it, like, real serious because I never thought that I was going to turn on him. So based on that, I am going to give the instruction, but the Meneses case clearly states that the issue is an issue of fact and not an issue of law. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and WebEl liderazgo restantes de la organizacin en el Pelican Bay consta de Daniel "la cigea" Prez, Anthony "Chuco" Guilln y George "Puppet" de Franco. In other words, defendant is asking this court to believe the testimony of Ruiz, apparently rejected by the jury, that when he wrote the kite in October 2008, defendant had been temporarily stripped of authority and placed "on freeze" by a mysterious kite that Ruiz destroyed after reading. The premise of defendant's assertion of one overarching conspiracy is that everything defendant did was for the advancement and under the direction of the NF gang. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 1012.) ". Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. Somebody's wife was going to bring it to the guy who takes it in. . Defendant occasionally fronted him drugs, though Cervantes was not functioning as part of a regiment. WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. at p. Get 1 point on adding a valid citation to this judgment. [] 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. Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. 1300 has a technical meaning peculiar to the law that requires definition. People v. Meneses (2008) 165 Cal.App.4th 1648. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. 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. 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. Latin mexican traditions norteno. La Positiva 31.12.2022. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. ." In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. According to Lewis, that meant more people were interested in buying PCP. In 2009, Tirri and defendant were housed together in administrative segregation. It was seized during the search of her residence but not identified until a day or two later. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. ". A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. 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." , but it's clear that they were moving drugs. Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. In the other two were Frank Ruiz and Marco Abundiz. The Attorney General acknowledges that defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but he was not doing it, according to Debbie. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. ", Defendant asserts, "the entire thrust of the prosecution's evidence in this case was that all of the drug sales shown, both inside and outside the jail, as well as the planned assaults on Cervantes and Leyvas, were conceived and controlled by the [NF] and its members and agents, and all had the common purpose of furthering the success of the [NF] by generating revenue and disciplining [NF] members, Nuestra Raza members and Nortenos so as to assure that the [NF] rules were followed." Code, 11379.5, subd. Is OKC or Tulsa safer? She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. ", Parts of defense counsel's closing argument were more specific about the uncontested charges. 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. I think it's at leastI don't think you can reject Frank Ruiz's testimony. Debbie said she would tell Ochoa to call. 520-529.). When they met later that day, Rodriguez paid her $100. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. The prosecutor attached importance to this second post-letter conversation in argument to the jury. Tirri became a NR member in April 2001. Unspecified section references are to the Penal Code. At that moment, the threat became very real. . [] 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. It is the commander's responsibility to conduct an investigation before deeming a person no good. A threat which may appear conditional on its face can be unconditional under the circumstances. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. Defendant does not appear to have been playing by the NF rules or following its directives. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. Defendant's record citations do not support this statement. Get 2 points on providing a valid reason for the above Not every recorded call was played for the jury while Debbie was on the witness stand. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." She transitioned out of the program in September 2010 and stopped receiving financial assistance. Solis is a member or associate of the SJG criminal street gang in which Clark was involved. . 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 . CALCRIM No. 1338.) The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and The section 995 motion was denied on July 9, 2010. Some law enforcement agents speculate that . . "So perhaps there was a conspiracy, but perhaps there wasn't." Apellido Apellido Primer Segundo Nmero de la. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." I said [']he's hilarious huh? Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). An act causes [fear], only if it is a substantial factor in causing the [fear]. (Id. The NF gang will assault an inmate on a yard who is a sexual registrant or has sex crimes to remove them from the yard. "It's incredibly dangerous what he did and he is in great danger," McKeown said. 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. Defendant had never discussed Cervantes with him. We won't be contesting that issue. A person's intent must often be inferred from circumstantial evidence. As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. You know you ain't gonna do shit." 240 saying the letter had to be only a substantial factor in causing Debbie's fear, it would have weakened his absolute position and made it easier for the jury to convict defendant of the criminal threat charge. [Citation.] . WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. She asked, " 'Cause I know you, babe, would you really do that?" She initially denied any involvement in distributing drugs. Anthony "Chavo" Jacobs is currently in prison, Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. 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. During intake they sign a form acknowledging that phone calls can be monitored. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. In that case, tried in early 1997 (id. 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. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. Click here to remove this judgment from your profile. 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. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. 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." "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. In contrast, being put "on freeze" means the gang was looking into your gang credentials. He was brought to the Santa Clara County Jail in August 2007 to face a charge. He said, "I'm not going to, that's what I'm not gonna do. Defendant said to "let . Debbie said that defendant was eager to get the money. . The record citations do not support this contention. . In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. 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. (Health & Saf. As the jury was instructed, case law has established that some conditional threats still qualify as "so" unconditional as to convey the serious intention of the utterer and a future prospect of execution to the listener. Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. 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 . Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. He's been deemed no good. Clark kept returning to prison after being released. ", Pursuant to this instruction, in addition to finding defendant guilty of the conspiracies alleged in counts 2 (to sell methamphetamine), 3 (to sell PCP), 4 (to smuggle a controlled substance into a penal institution), 6 (to assault Daniel Cervantes with a deadly weapon and 7 (to assault Henry Leyvas with a deadly weapon), the jury made a special finding that these five conspiracies "were separate and distinct. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. Police sources said no criminal charges will be brought against the Rev. WebRenewed organization Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 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