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. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. Solis called Debbie on January 8, 2008 and met with her the next day. Daniel "Bear" Cervantes was the alleged victim of the assault conspiracy in count 6. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. On January 18, Debbie called Rodriguez. 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. However, this court rejected Vargas's contention, stating, "Assuming that more conspiracy counts could have been charged under the facts, the decision to charge defendant with only one conspiracy count was a prosecutorial charging discretion that we do not review. 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. at p. 1337.) "They were shocked," McKeown said of the gangsters when the raids went down, mostly in San Jose and in north Santa Clara County and Modesto and conducted by SWAT officers. Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. Code, 182, subd. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. The court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. Any NF member can put someone on the bad news list. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. (Cf. Ruiz heard in January 2009 that defendant was no longer on freeze. Who started the Norteos? ." If anything, you're gonna leave me.". Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. While all Nuestra Familia According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. WebNorteos 14 - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. 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. You got to look.[']". That's a fact that ought to be decided by the jury.". His regiment sold more methamphetamine than PCP. Debbie testified that she knows what defendant is capable of. 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 facility at the Pelican Bay State Prison up north in Crescent City, where he is serving a life sentence for murder, she said. ), 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. 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. 2015 CBS Broadcasting Inc. All Rights Reserved. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. They have to know exactly what it is. "[H]e was acting smart and he was acting rude and he was like saying how come you didn't tell us your house got raided . Clark kept returning to prison after being released. ." Sureo and white gangs also assault sex offenders. Who started the Norteos? They are all considered enemies of the gang. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. 1300 has a technical meaning peculiar to the law that requires definition. 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. Cervantes still acknowledged it was his fault. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. According to Tirri, Ruiz told Tirri that Cervantes had been removed. [] 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. The trial court denied defendant's new trial motion, explaining: "[T]his Court heard a number of arguments from Counsel regarding the single versus multiple conspiracy. The next day, Lewis told her to act like the wife of a NF member. at p. A member on freeze is still active, but should not be informed about current gang business. As far as he is concerned, there should be no problems with Debbie and PJ helping out with some of the chores around the house when necessary. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. ", Defense counsel was more equivocal about count 4, stating, "I haven't paid a lot of attention to the smuggling charge because, I mean, there's inferences there and [the prosecutor's] point is that if [defendant] was involved in any way in that, that there was a conspiracy to smuggle drugs into the jail. .". (Id. Debbie commented, "all that drama just over $400." [Citation.]' at p. 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 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 C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. Some law enforcement agents speculate that Communication is essential to maintain the NF's organization in and out of custody. Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. (c).). WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. For a period of time, Vince Tirri was Ramirez's second-in-command. Norteno gang member found guilty of drug possession while. At the time, defendant and Gutierrez were housed together in 2nd East Max. Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. ( 4573.). 539, 543), various NF members testified about the organization and its criminal activities between approximately 1989 and 1993. Ruiz testified that he wrote the kite on his own initiative. The court accepted Sergeant Lewis as an expert in the areas of "Hispanic criminal street gangs, prison gangs, interpretation of gang terminology, gang codes, and the area of identification of possession for sale or sales of a controlled substance, and the area of recognition of usable amount of controlled substances." I don't think they have proven an agreement. 518.) They did not meet in person at the time. Actual cause is used in its ordinary sense in that instruction. Ruiz destroyed that kite. The district attorney's office, the FBI, DEA, the California Highway Patrol, the sheriff's office, police from San Jose, Campbell, Santa Clara, Milpitas, Mountain View and Gilroy, county probation, state corrections officials and the Regional Auto Theft Task Force took part in the investigation, McKeown said. He's been deemed no good. 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. On appeal defendant points to another potential source of Debbie's fear. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system 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. An act causes [fear], only if it is a substantial factor in causing the [fear]. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The Nuestra Familia gang, based on evidence from captured kites, even has an internal code of conduct. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. 1300 that proving a violation of section 422 as charged in Count 5 involved establishing six elements: "[1] The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to Debbie Guzman; [2] [t]he Defendant made the threat in writing; [3] [t]he Defendant intended that his statement be understood as a threat and intended that it be communicated to Debbie Guzman; [4] [t]he threat was so clear, immediate, unconditional, and specific that it communicated to Debbie Guzman a serious intention and the immediate prospect that the threat would be carried out; [5] [t]he threat actually caused Debbie Guzman to be in sustained fear for her own safety, and; [6] Debbie Guzman's fear was reasonable under the circumstances." "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. There was no such testimony. ), 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." Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. 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." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Above the phones is a placard saying the same thing. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Jack Ochoa supplied defendant with "ice," methamphetamine. Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. Leslie had said she would collect it for him. "Over defense counsel's objection, the court told the jury that the threatening statement does not have to be the sole cause of the victim's fear for her safety and that a statement the victim does not initially consider a threat can later be considered a threat because of a subsequent action or event." However, it does not have to be the only factor that causes the [fear]." [] 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. If substantial evidence supports the jury's implicit findings, an appellate court should "not substitute its evaluation of a witness's credibility for that of the fact-finder." Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. It was these factors that caused Debbie Guzman to be in fear, and not the August 2007 letter which she testified that she did not take seriously at the time." . 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. According to Mendoza, that obligation existed for all regiments throughout Northern California. Defendant does not appear to have been playing by the NF rules or following its directives. The conversation turned to sex. 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