The Northerners in Elmwood were required "to follow the directives to remove inmates once they were ordered, and once they were determined and told to remove this person, or that this person was deemed 'no good,' that it was incumbent upon them to remove them with a deadly weapon. She asked, " 'Cause I know you, babe, would you really do that?" (Id. He worked under defendant when they were both in 4-B3. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. 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 . Ruiz destroyed that kite. 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. According to Lewis, that meant more people were interested in buying PCP. He said he would be paying her money for defendant. Clark said "the black guy was just at my house." Every time she returns to Santa Clara County she fears for her life. He asked for the allegation against defendant to be deleted because defendant was not involved. (b)-(i); 667.5, subd. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. As we have summarized above (in part II.A.5), there was evidence in this case that some regiments continued to operate that way, but not defendant's. 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. Debbie testified that she was not afraid when she received the letter in August 2007 because she intended to stand by defendant, but she became afraid in December 2007 and January 2008 when conditions changed and she agreed to cooperate with law enforcement after they searched her residence and confronted her with evidence of her guilt. There was no evidence of a reciprocal communication from defendant to Guillen. A threat which may appear conditional on its face can be unconditional under the circumstances. We assume that defendant is referring to the five conspiracies described in his summary of counts 2, 3, 4, 6, and 7 of the indictment. While all Norteo soldiers and According to Sergeant Lewis, on May 26, 2007 Greg Guzman was found in jail in possession of methamphetamine that was wrapped in a note saying " '2nd Max ASAP.' 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. The evidence in that case focused on NF activities between 1989 and 1993. (c).). (Id. He recently got charged in a RICO indictment targeting the You can listen to the evidence on that, and then you can decide." ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. The witness then feared for her life and called the police. They did not meet in person at the time. . Documento de Documento de. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." Defendant said he had deemed Cervantes no good. It is the highest category in the NF organization below the generals. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. The issues were brought before the jury. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. That was "the genesis of that letter." Debbie said defendant was wondering if she ever got the money. Daniel "Bear" Cervantes was the alleged victim of the assault conspiracy in count 6. "They are literally using the bodies of their members as mules to run their gang," she said. The gang's incarcerated leaders order the state's Norteno members to commit violent street crimes, from murders to assaults, robberies, burglaries, illegal drug sales and witness intimidation using kites at times smuggled in the rectums of gangsters who violate their parole in order to gain temporary entry to county jail, she said. What is the biggest gang in California? According to Sergeant Lewis, when Debbie began cooperating, she spoke with two intermediaries of Clayton Clark, one named Anthony Solis and his cousin Moses Rodriguez. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. [Citation.]' He asked for the court, in advance of submitting the case to the jury, to either dismiss counts 2 and 3 or consolidate them into a single count. Cervantes acknowledged that defendant had once fronted him a quarter pound of methamphetamine that Cervantes was unable to sell. Defendant once told Debbie about a situation in the 1990s when one of the wives got killed for talking after several gang members got arrested for drug sales. The record citations do not support this contention. When he returned to custody in January 2008, he was told he needed to get to the fourth floor and he was housed in 4-B, where he met Frank Ruiz. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. . Furthermore, he is chairperson at Ramirez was arrested on February 20, 2008. Because if my baby does me wrong, death going to part us. 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." In defendant's new trial motion, however, he argued that the court should reduce his criminal threat conviction to an attempted threat because the element of sustained fear was lacking. Defendant had never discussed Cervantes with him. 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. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. (Id. . Had defense counsel asked for an instruction like CALCRIM No. " " 'There's also a registered sex offender in M-8. (Ibid.). This is mere argument on appeal. 1338.) The shootings led to charges of murder involving personal discharge of a firearm and attempted murder involving personal discharge of a firearm causing great bodily injury, among the charges resolved by Clark's plea agreement. According to jail records, Cervantes was taken into custody on May 1, 2008. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. People v. Johnson (2013) 57 Cal.4th 250, 266.) After his testimony to the grand jury, deputy Frank Lopez On May 14, he was sent to a jail unit in Elmwood. Stephanie used methamphetamine, while Debbie never did. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." This court recognized that "[a] trial court is required to instruct the jury to determine whether a single or multiple conspiracies exist only when there is evidence to support alternative findings." The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. 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. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 211398 & 211138). Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 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. Who started the Norteos? WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. 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. Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. . Ruiz testified that he wrote the kite on his own initiative. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified 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. . Meanwhile, Ramirez was obtaining PCP from defendant indirectly through a third party, Abundiz. According to Sergeant Lewis, "moon stuff meant PCP. It's not contestable. She asked if "those kids" had given Clark her messages and he answered yes. He did not deal directly with defendant because he heard defendant "was really hot.". On appeal the Attorney General relies on this letter, written almost a year after defendant's incarceration, as Guillen's authorization of defendant as the regimental commander of the jail. What colors do Sureos wear? Clark testified that was a reference to selling four pounds of methamphetamine. According to jail inmate John "Boxer" Mendoza, at the same time defendant arrived in jail, so did his codefendants Frank "Joker" Ruiz, a Nuestra Raza (NR) member, and Marco "Huero" Abundiz, a NF member. Actual cause is used in its ordinary sense in that instruction. WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. 1337.) Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. After they married, defendant told her he was in Category II of the NF and ran the local streets. It would be against protocol to delegate that authority. According to Tirri, Ruiz told Tirri that Cervantes had been removed. The next rung of leaders in Pelican Bay includes Daniel Stork Perez of Salinas; Anthony Chuco Guillen of San Jose, who was involved in the murder of a WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. The prosecutor did not mention this letter in closing argument. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. You got to look.[']". She thought back to that threat, and that threat made her think, [']my husband is going to have m[e] killed if I make this decision. 1014.) The kite discussed several reported problems in the facility and asked for reports to be filed with 4-B, where Ruiz and defendant were housed in jail. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. "[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. Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. Defendant asserted the incongruity of the prosecution alleging multiple conspiracies while also arguing that many hearsay statements by different individuals were admissible as statements of coconspirators in support of a single conspiracy. At that moment, the threat became very real. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' 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