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. It means you are in bad standing with the organization. He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). . 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." After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. While the second conversation was cryptic, probably due partly to their awareness it was being recorded, she posited that he "would not" do that to her. Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. We have summarized above (in part II.A.5) the evidence that members of other regiments were paying dues to incarcerated leaders of the NF, but there was no similar evidence that defendant had paid any NF dues or put any money on Guillen's books or in a NF bank. After they married, defendant told her he was in Category II of the NF and ran the local streets. September 1, 2010 / 9:38 AM / CBS San Francisco. (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) 211398 & 211138). 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. I didn't discuss it with Lorenzo Guzman. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. Defendant told Tirri all about Cervantes. He received two ounces of PCP from Mario Cisneros every seven to 10 days. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. . When he was 17 he was involved in a Norteo gang called Westside Gardens. with that brown ride." Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' 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 appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. Tirri learned that defendant was the regimental commander of the jail. Get 1 point on providing a valid sentiment to this [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. . Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). That's a fact that ought to be decided by the jury.". He was brought to the Santa Clara County Jail in August 2007 to face a charge. (Id. WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. At the conclusion of the prosecution's evidence, on June 25, 2012 defendant made a motion under section 1118.1 based on a refused instruction he had proposed dealing with the issue of single versus multiple conspiracies. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. (Pen. Norteos. Even if Debbie had perceived Rodriguez's challenge to her as threatening, as the Attorney General asserts, it is likely that this challenge reinforced defendant's earlier statement that he would have her killed if she did him wrong, just as the conduct by fellow gang members in Mendoza clarified the threat made in that case. " ' "If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment." . Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. . . Antonio Guillen was not a witness, though he was described by several witnesses. She asked him not to leave her. Anthony "Chavo" Jacobs is currently in prison, The prosecutor attached importance to this second post-letter conversation in argument to the jury. . Evidence that Mrs. Guzman might have experienced fears from another source does not mean that the threat did not cause sustained fear." The decision to kill Rosas, being one in furtherance of the overriding purpose of the conspiracy, was part of the overall conspiracy, and hence cannot be the basis for filing a separate charge of conspiracy." The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. According to Mendoza, that obligation existed for all regiments throughout Northern California. There was no evidence of a reciprocal communication from defendant to Guillen. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. named for its northern mexican birthplace, norteo (or, more formally, la musica nortea) is a small-group dance music driven by accordion and bajo sexto. A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. Norteno gang member found guilty of drug possession while. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. Ramirez became a NR member in December 1995 and a NF member in September 1997. The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). that . That was "the genesis of that letter." He asked what and she answered, "The [']literally['] part." 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. Defendant sometimes brought her along when he picked up money and dropped off drugs. 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. In a conversation on August 16, Debbie said, "I got youryour funny letter today." The inmates w After seeing the Ruiz kite, Officer Gillotte determined that "Bear" Cervantes was Danny Cervantes. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. "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. 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. On December 17, 2007, the police conducted a search of Debbie's residence while she and her housemate, Leslie Frost, defendant's cousin, were present. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified 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. Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. And we know that the Defendant actually told Vince Tirri whey they were housed together in the Super Max that he told Vinni Tirri that the reason why he had Danny Cervantes removed and deemed him - well, not removed, but why he deemed him 'no good' was "because Danny Cervantes owed him a $400 drug debt . 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. ". At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. Their paperwork should be reviewed. He's to be dealt with ASAP.' 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. Defendant asserts that the third one is most comparable to his case. "It's a little bit hard to understand about the PCP . Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. (Id. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. He once said a wife could not testify against her husband. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. (Vargas, supra, 91 Cal.App.4th at p. 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. However, no one until now has described this call as threatening. (b)-(i); 667.5, subd. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. Removals were always at the direction of gang superiors. Clark's assistance to defendant from outside jail was limited, as he was involved in a shootout at his apartment on July 29, 2007, that led to his relocation to Mexico. (a).) Defendant taught Debbie how to package methamphetamine and PCP for sale. (Id. After his testimony to the grand jury, deputy Frank Lopez He became the secretary of Skip Villanueva, a high-ranking NF member. Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. at p. 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. There was testimony about Guillen's communication with leaders of other NF regiments. Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' He was confirmed as a NF member when he returned from Mexico. 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. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebNuestra Familia Nuestra Familia; Founding location: Soledad, California Correctional Training Facility: Years active: 1968 present Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. " (Id. November 26, Algunas However, count 5 was not predicated on that conversation, but on a letter from defendant to Debbie postmarked August 15, 2007 that included the following passage. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. It would be against protocol to delegate that authority. Defendant's opening brief reviews their testimony in great detail. . They are all considered enemies of the gang. Any NF member can put someone on the bad news list. 1340. She asked, " 'Cause I know you, babe, would you really do that?" ), However, 20 to 30 minutes after this conversation, when a car horn honked and the victim looked out her front door, she saw defendant's friend parked across the street from her home. [] However, if you find beyond a reasonable doubt that there was not one overall agreement, but separate agreements, each accompanied by an overt act, then separate conspiracies have been established. The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. Lewis offered her witness relocation and no charges for her cooperation. Shortly after they met again he moved in with her. . 1014.) Debbie testified that in many of their phone conversations defendant was either telling her to arrange to have Clayton Clark available for the next telephone call or to contact different people and tell them she was collecting money for defendant. . Solis said he was going to be making payments to her. at pp. [']If you leave me[,] I will kill you. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. On appeal he asserts they had a contentious, roller-coaster relationship "sometimes resulting in threatening statements from both parties" and he points to their first phone conversation about the letter on August 16, 2007 to illustrate his intent. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. "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. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. Debbie said defendant was wondering if she ever got the money. 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. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 1272. Not every recorded call was played for the jury while Debbie was on the witness stand. ['] So much so that she even told the officers, [']it's in the letter. "Frank Ruiz said, ['] well, I was running this as the overall authority. 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 remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Pursuant to a use immunity and a plea agreement described below (in part II.D.1), Vince Tirri testified that when he served as second-in-command of Ramirez's regiment, one of his duties was collecting monthly dues. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. Ruiz told him not to worry about it and just pay it off after his release. . All rights reserved. After his release from prison, Ramirez contacted regiment leaders Abundiz and Campa and formed his own regiment in Santa Clara County as he had been instructed by Guillen. Someone retrieved the methamphetamine from Cervantes on defendant's behalf. Count 3 alleged that defendant and 12 of those individuals conspired with others to sell phencyclidine (PCP) during the same time period. It is the commander's responsibility to conduct an investigation before deeming a person no good. Five, Six and Seven. Antonio Guillen was not a witness, though he was described by several witnesses. Debbie testified that she knows what defendant is capable of. . [Laughs] I started rolling. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. Short of disbelieving Debbie's testimony about her fear, the jury could not have concluded that defendant's letter was not at least a substantial factor in causing her fear. At the close of evidence, defendant argued to the jury that the phone calls containing no threats by him, such as their initial laughter-filled discussion of his letter and his later phone conversations with Debbie in December 2007 about other topics such as the search of their residence, were more emblematic of his feelings and intent. . He said he would be paying her money for defendant. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. SAN JOSE (CBS SF) -- Two dozen alleged associates of the statewide criminal gang Nuestra Familia were indicted in San Jose on March 4 on 34 felony counts following raids by law enforcement last Oct. 30 in the South Bay and Modesto, according to the Santa Clara County District Attorney's Office. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. at p. 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. [13] Mientras que los miembros de la pandilla los Norteos son considerados soldados de a pie de Nuestra Familia, el ser miembro de Nuestra Familia no significa que tenga asociacin con los Norteos. (People v. Catlin (2001) 26 Cal.4th 81, 156 ["the evidence was overwhelming that paraquat poisoning was at least a substantial factor in, if not the sole cause of, her death. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. The evidence of a conspiracy to smuggle drugs into the Santa Clara County Jail between January and June 1, 2007 was primarily seven recorded telephone calls, all on April 26, 2007. "It even says, 'you better ask somebody.' Clark did not collect monthly dues from regiment members. (Id. . When Clark was in San Quentin Prison, as tier security and a block general for the NF he reported in writing to defendant, who was the NF Authority in Charge of the prison. As they lived together, she learned of his gang involvement. Apellido Apellido Primer Segundo Nmero de la. " " 'There's also a registered sex offender in M-8. 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. Moreover, unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction. However, he testified that "it's all about money. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. Defendant `` entered into an agreement with anybody to assault two anthony "chuco" guillen with deadly weapons to put her in with... Ever got the money post-letter conversation in argument to the Santa Clara County jail in 2007... Call as threatening 2007 through July 22, 2009 throughout Northern California the secretary of Villanueva. 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