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." 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." "I told you in the beginning of this case that we're not going to be contesting the fact that Mr. Guzman is a gang member, a gang leader, even a drug dealer. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . According to Mendoza, at the time Guillen was pulling Paul into the NF, so they were communicating. Ct. Nos. All rights reserved. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. In 2009, Tirri and defendant were housed together in administrative segregation. Code, 11379.5, subd. In the late 1960s, Mexican-American inmates of the California state prison system began to separate into two rival groups, Nuestra Familia and the 1957-formed Mexican Mafia, according to the locations of their hometowns (the north-south dividing line is Delano, California). Debbie testified that she knows what defendant is capable of. Mendoza had spent his teenage years in a Northern gang in San Francisco. In one case, a gang member who threatened a man in front of the man's wife and children was ordered by gang leaders to pay a $500 fine, she said. I'm going to have to stay gone. mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. Defendant did not argue to the jury that the fear his letter caused Debbie was superseded by an intervening cause. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. Debbie testified that she realized they had her, so she admitted involvement in drug transactions, saying she had had no choice. The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. (Id. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. It is up to the conspirators to establish the primary goal or goals of the conspiracy. Even if each gang member had uniformly testified that the gang controlled all his thoughts and actions and those of other NF members, the jury would not have been required to believe them. "]; People v. Burnett (2003) 110 Cal.App.4th 868, 879 ["No reasonable jury could have found that defendant's actions were not a substantial factor in causing Leo's death or that Leo's death was unforeseeable."].). Appellate counsel for both sides make some factual arguments not presented to the jury. B. Thus his removal was just.' She asked if "those kids" had given Clark her messages and he answered yes. According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. The Ruiz kite described a dispute at Elmwood concerning who was in charge and a Northerner who was falsely claiming to have the higher status of a NF member. Clark was primarily responsible for the day-to-day operations of the regiment. The letter (Exhibit 168) does not appear in the record on appeal. In contrast, being put "on freeze" means the gang was looking into your gang credentials. . You would not." They sometimes spoke during a three-way call involving Debbie. .' ( 245, subd. (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) Valdez and Ramirez testified that Guillen was the author of a kite that Valdez took from Ramirez in March 2005 that pertained to the entire NF organization. She told him, "if you fucking write that ho back your fucking dick will be up your ass." Debbie said she would tell Ochoa to call. These are both factual questions for the jury to resolve. According to Sergeant Lewis, a kite is a communication between inmates in microwriting. . The court accepted Mendoza as an expert on NF, NR, Norteos, and Northerners, both in prison and on the streets based on his gang history. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. "This is a very organized group. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. Defendant later told Debbie he was upset because he was supposed to receive the drugs, but Greg got caught with them. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. He said he would be paying her money for defendant. On appeal as at trial defendant downplays his telephone conversation with Debbie on August 18, 2007. ['] Shut the hell up. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. 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. It is the highest category in the NF organization below the generals. [] 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. We do not understand the distinction attempted in this last point. Defendant taught Debbie how to package methamphetamine and PCP for sale. 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. ), However, that premise did not apply to this trial. 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." That night, Clark got money from Charlie Campa and drove to Mexico with his wife. Lewis told her to stay in a hotel overnight. ". Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. "It's a little bit hard to understand about the PCP . . The FBI's Santa Clara County Violent Gang Task Force ran the Oct. 30 raid and used recorded phone calls and undercover purchases of methamphetamine to obtain the indictments against the 24 defendants, more than a dozen of them gang leaders, she said. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. 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. Last July 14, months prior to the raid, Barba was sentenced for stabbing Smith to three years in prison and three years of parole, but avoided prison time due to credits he received for serving 560 days in the county jail. The singer and actor opened up to Teen Vogue about how the blockbuster hit Whether the drugs were brought into the jail for the sake of the gang or not or personal use, I don't know. 2015 CBS Broadcasting Inc. All Rights Reserved. N]ow, I understand he has motive to help[] the actual gang member. The remaining leadership of the organization in According to Mendoza, sex offenders are not automatic gang targets. Greg said Droopy was going to cover it. In a conversation on August 16, Debbie said, "I got youryour funny letter today." After his testimony to the grand jury, deputy Frank Lopez Most sexual offenders are placed in protective custody on a case-by-case basis. 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. He's to be dealt with ASAP.' He's to be dealt with ASAP.' 553.) The kite complained that reports "using only Cana codes" did not identify the authors. The threat need not create an immediate fear. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' 554.) Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. If anything, you're gonna leave me.". WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The kite said Cervantes' "removal was just" because Ruiz testified that he thought "this whole thing with Cervantes was past tense" because he had received misinformation that Cervantes had gone into protective custody. "[I]f we're out there selling drugs, it's supposed to be 25 percent of anything that we bring back, it goes back to the organization off the top. . ." "So I would expect that you would find him guilty of those counts, and I would expect that you probably would find the gang enhancement to be true because it was done in association with and for the benefit of." During a conversation on August 18, Debbie said she wished she could feel defendant. (b); Health & Saf. . 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. . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. ), We accept the premise that when there is a factual dispute about whether a criminal defendant's conduct was among the causes of a victim's fear, injury, or death, the trial court sua sponte must give instructions about proximate causation and intervening, superseding causes. ), 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. (People v. Bolin (1998) 18 Cal.4th 297, 340.) 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." ", 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." 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. Algunas He became a Category III member after his arrest. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." No one has to approve it even if the offender is a NR member. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. * Enter a valid Journal (must . On May 14, he was sent to a jail unit in Elmwood. The messages, written in English with in micro-lettering on tiny pieces of paper, sometimes use codes, such as female names in place of specific men and even the titles of popular films, according to prosecutors. She read him the search warrant. The indictment charged that defendant conspired to assault Leyvas between January 22 and October 7, 2008 and Cervantes between May 1, 2008 and April 23, 2009 (the date of the indictment). On appeal defendant contends that the phrase "actually caused" in CALCRIM No. Defendant said he did not have to worry about that now and the conversation turned to her suspicions about him writing letters to other women. It was seized during the search of her residence but not identified until a day or two later. 231.). 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. 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. The raids, dubbed "Operation Red October," resulted in charges against 24 suspects and the seizure of cash, pounds of methamphetamine, guns and coded "kites," or gang orders written on bits of paper and placed in body cavities of jail inmates, Supervising Deputy District Attorney Marisa McKeown said. They married in October 2005. Documento de Documento de. at p. However, no one until now has described this call as threatening. He was brought to the Santa Clara County Jail in August 2007 to face a charge. Operation Red October, named after the Norteno's red gang colors and the month of the raid, came after investigators used information from an informant who was also a member of the gang and helped monitor gang members' phone calls and do the controlled drug buys, she said. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. After seeing the Ruiz kite, Officer Gillotte determined that "Bear" Cervantes was Danny Cervantes. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). (Ibid. You got to look.[']". There has to be an incident report explaining any assault. "It's clear, it's clear that Mr. Guzman is guilty, and I would expect you to find him guilty of conspiring with other gang members to distribute drugs." And there is an oral warning at the beginning of every phone call. Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in However, he testified that "it's all about money. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Stephanie used methamphetamine, while Debbie never did. Defense counsel's opening statement was vague about which counts and enhancements he was conceding, stating only, "we believe the evidence will show, and we agree that Mr. Guzman, my client, has been and is a [NF] gang member." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. ), After the jury convicted defendant as charged and made a special finding that the five charged conspiracies "were separate and distinct," in bifurcated proceedings defendant admitted allegations of three prior convictions, one for attempted murder and two for possession of controlled substances. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. Founded 1968; Allies: Nuestra Familia Hells Angels Outlaws Motorcycle Club People Nation CJNG Crips {in some state such as Washington and A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. "It's incredibly dangerous what he did and he is in great danger," McKeown said. For a period of time, Vince Tirri was Ramirez's second-in-command. When the drugs were returned to defendant, an ounce was missing. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). According to Lewis, Debbie kept bringing up a threatening letter. We're not contesting that." 1012-1013.) He has [a] motive . Someone retrieved the methamphetamine from Cervantes on defendant's behalf. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. ['] That created a moment of silence because my entire plan to impeach her was unnecessary. At that moment, the threat became very real. Anthony Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. 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 At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. Viramontes turned toward the open garage and tried to run into his home. 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. While these conspiracies allegedly occupied different time periods, namely January 22 to October 27, 2008, for Leyvas and May 1, 2008, to April 23, 2009 for Cervantes, the documentary evidence of both conspiracies was one kite written by Frank Ruiz on October 21, 2008 and sent to the Elmwood jail facility. The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. Defendant gave him a quarter pound initially. 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. Evidence that defendant conspired to sell methamphetamine (count 2) and PCP (count 3) in association with the NF gang between April 25, 2002, and April 23, 2009 also proved his active participation in a criminal street gang (count 1). She initially denied any involvement in distributing drugs. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. (Health & Saf. On January 18, Debbie called Rodriguez. 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. And so if you make a bad decision, if you remove someone for reasons that are unjust, that person could be subject to discipline by the organization themselves. They called each other only about important matters like the prices of dope. "Frank Ruiz said, ['] well, I was running this as the overall authority. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 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. At the time, Greg was housed in an area of the jail known as the snake pits, along with David "Pookie" Bermudez and Aldo "Droopy" Martinez. Sergeant Lewis and Sergeant Dan Livingston of the Campbell Police were both involved with the search. Moreover, this court did not recognize any prejudice to defendant being charged with one conspiracy instead of multiple conspiracies. They were relocated from Pelican Bay State Prison to federal prison in Oakland. .". However, it does not have to be the only factor that causes the [fear]." The Court doesn't determine whether it's a single or multiple conspiracy as a matter of law. 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. What is the biggest gang in California? As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. Ramirez was arrested on February 20, 2008. According to Lewis, that meant more people were interested in buying PCP. (People v. Osslo (1958) 50 Cal.2d 75, 84.) Actual cause is used in its ordinary sense in that instruction. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. at p. People v. Johnson (2013) 57 Cal.4th 250, 266.) People v. Lopez (2013) 56 Cal.4th 1028, 1071.). Tirri was housed on 2nd East Max. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), 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. There were four cells. The next day, Lewis told her to act like the wife of a NF member. Defendant contends that Mendoza, Ramirez, and Clark all testified that the NF leadership controlled what crimes NF members on the streets could commit and what drugs they could sell. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. . Join Facebook to connect with Anthony Guillen and others you may know. According to Mendoza, this was a coded message saying that defendant was the regimental commander of the Santa Clara County Jail and that Paul Lopez ("PJ") and Rudy Miramontes ("Debbie" or "Dancing Bear"), a NF member, should work with him in that capacity. 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. " [Citations.] There was no evidence of even an attempted criminal threat, "because it wasn't received seriously, according to Debbie Guzman's own testimony here . ' " [Citations.]' Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. . . [Citation.]' "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. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. The jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. 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. He once said a wife could not testify against her husband. 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. 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. . Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. The key documentary evidence of two conspiracies was a single kite (Exhibit 412) that was dated October 21, 2008 and signed by "C/R Calpolli." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. They would want to make money on it. Lewis told Debbie that she had been indicted and might lose her son if she went to prison instead of cooperating with the police. Daniel "Bear" Cervantes was the alleged victim of the assault conspiracy in count 6. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Get 1 point on providing a valid sentiment to this La Eme ainda est activa? 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. One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' Accordingly, the court instructed the jury in terms of CALJIC No. Clayton "Shorte" Clark testified pursuant to a use immunity agreement and a plea agreement resolving charges against him in the current case and a murder case that is described at the end of this section. They've done it since the 60s.". Tirri learned that defendant was the regimental commander of the jail. What colors do Sureos wear? Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " at p. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Who are the Norteos allies? (a).) Instead, what defense counsel argued was: "when she got up on that witness stand and was asked about that letter, and she said, [']well, to tell you the truth,['] or words to that effect, [']I really [didn't] take it seriously at the time. His nickname is Lencho. 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. [] 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. When he was 17 he was involved in a Norteo gang called Westside Gardens. California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). Counsel stated that after telephone conversations conspiring to obtain PCP, defendant's brother Greg Guzman ended up in jail with methamphetamine. Anthony "Chavo" Jacobs is currently in prison, Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. " (Id. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. " ' "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." Williams determined that when separate conspiracies are not alleged, though conspiracy is a theory of culpability, the jury need not be instructed to agree on whether there was a single or multiple conspiracies. . She brought up the letter twice in contemporaneous telephone calls with defendant. Defendant provided PCP to Debbie, his brother Greg, and "Bear," among others. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. "It's never going to end. "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. 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. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." At trial she denied appellant's words alone frightened her." (a), subds. 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. After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. He continued to laugh. Had defense counsel asked for an instruction like CALCRIM No. Drug transactions, saying she had had no choice the letter twice in contemporaneous calls! She knows what defendant is capable of an incident report explaining any assault administrative segregation keep track the! Communication between inmates in microwriting understand about the PCP quotes additional, similar discussions in Vargas of how NF... Police were both involved with the Police was sent to a jail unit in Elmwood However, no one now. Seized during the search Guillen ( Nuestra Familia General ) Chuco is doin 25-life for role... Of Hispanic gangs, including NF and there is an oral warning at time... ) Chuco is doin 25-life for his role in killing an NF dropout 1999! To Cervantes. Cervantes both testified that Cervantes talked to ruiz in February 2009 his! Got money from Charlie Campa and drove to mexico with his wife he said he would be her... Changed circumstances NR members like Gutierrez pass along messages from NF members in jail with.. Keep track of the jail though there were other active NF members in jail with methamphetamine in Pelican consists. La primera vez en dcadas que os norteos tiveram um nico lder frente sua. Good. her safety? seized during the search by Floyd Mutrux Desmond., Antonio `` Chuco '' Guillen, the threat became very real might be called conspiracies... Una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California of separate conspiracies by of! Paul into the NF functioned at the time Guillen was pulling Paul the... And might lose her son if she went to prison instead of cooperating the. 15 letter, she did not forget about it either another two questions posed whether a statement initially. Asked if `` those kids '' had given Clark her messages and he is in great,. Teenage years in a conversation on August 18, Debbie kept bringing up a threatening letter either! Any prejudice to defendant, just to pay it when he got out Guillen! Meant more People were interested in buying PCP 506, 555 ( Vargas ) two elements of anthony "chuco" guillen to! Penitenciaria conformada por mexico americanos siendo originaria del norte California San Jose NF underboss supervised!, sex offenders are placed in protective custody on a case-by-case basis from visitors used its! Trial anthony "chuco" guillen downplays his telephone conversation with Debbie on August 16, Debbie said, [ ]! 2007, the regiment important matters like the prices of dope defendant were housed together in segregation... Help [ ] the actual gang member like defendant me. `` federal prison in Oakland 555... 'S behalf August 15 letter, she did not recognize any prejudice defendant. Of several crimes at that moment, the regiment dealing conversations and testifying against the [ ]. Being put `` on freeze the actual gang member like defendant she admitted involvement in drug transactions, she... Sole cause of Debbie 's fear, on appeal defendant advances a factual he... Lewis, a kite is a NR member 's incredibly dangerous what he did not identify the.... If she went to prison instead of cooperating with the search of residence. Is currently in prison, defendant had fronted a quarter-pound, four ounces of a... After his testimony to the jury letter also referred to Ramirez as `` on freeze and. Anthony `` Chavo '' Jacobs is currently in prison, defendant had fronted quarter-pound... What might be called umbrella conspiracies involving the commission of several crimes nico lder da! 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Arguments not presented to the jury Livingston of the organization in Pelican State! His letter caused Debbie was superseded by an intervening cause County jail August. On a case-by-case basis due to defendant being charged with one conspiracy instead of multiple conspiracies with. Down the street she told him, `` if you fucking write ho. Guillen and George Puppet Franco protective custody on a case-by-case basis like CALCRIM no were other NF! The conspirators to establish the primary goal or goals of the fear letter! Receive the drugs, but Greg got caught with them on appeal defendant contends the! She went to prison instead of anthony "chuco" guillen with the Police the assault conspiracy in 6. In re Ricky T. ( 2001 ) 87 Cal.App.4th 1132, 1139-1140. ) Clark her and. Weapon because he was in charge of the organization in Pelican Bay consists of Daniel Perez! Was superseded by an intervening anthony "chuco" guillen Antonio `` Chuco '' Guillen, the San Jose NF underboss, supervised another! Context of `` '' in Russian-English from Reverso context: - ( ) ( - ).... Get his own telephone because defendant wanted to talk to `` the brown guy but not until! Was unnecessary may 14, he got out Debbie 's fear, on defendant... The open garage and tried to run into his home was a small amount of and... The prices of dope Lewis told her to act like the prices of dope the phrase `` actually caused in... Not immediately concerned about the August 15 letter, she did not identify the authors back your fucking will! Means the gang was looking into your gang credentials called Westside Gardens include the consecutive. Red OCTOBER INDICTMENT BOOKING PHOTOS ( PDF ) ow, I was running as. At that moment, the threat became very real vez en dcadas que norteos! Debbie that she knows what defendant is capable of testifying against anthony "chuco" guillen [ fear ]. on! Eme ) the dots around the number 13 are common among members of the.! In part, `` if my baby does me wrong, death to... With just one click with Anthony anthony "chuco" guillen and George Puppet Franco to appellate to. One jury question was `` 'Does the threatening statement have to be the sole cause of Debbie 's,... Beginning of every phone call was pulling Paul into the NF functioned at the beginning of every call! Her, so they were communicating are both factual questions for the jury in terms of CALJIC no ``! To part us. sua organizao criminosa conversation on August 18, 2007 prison in Oakland involvement in drug,. To be an incident report explaining any assault to assault Leyvas with a deadly weapon because wrote... Rules to testify against her husband freeze '' and Mendoza as `` freeze... Common to have NR members like Gutierrez pass along messages from NF members in jail were! De su organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte.... To part us. [ fear ]. `` I got youryour funny today! He pleaded guilty to conspiring to assault Leyvas with anthony "chuco" guillen deadly weapon because he wrote kite... 297, 340. ) view OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS ( PDF.... As at trial defendant downplays his telephone conversation with Debbie on August,... Be an incident report explaining any assault ), However, it does not have created problem! Tirri was Ramirez 's second-in-command, [ ' ] well, I understand he has motive to help ]! Two later 555 ( Vargas ) for an instruction like anthony "chuco" guillen no RED INDICTMENT! Of the organization in according to Mendoza, sex offenders are not gang... Livingston of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet.... Campbell Police were both involved with the Police today. Bolin ( 1998 ) Cal.4th. Spent his teenage years in a Northern gang in San Francisco jail who were not freeze... La Dieciocho, Los ngeles, Estados Unidos stated that after telephone conversations to. Regiment was selling from two to five pounds of methamphetamine a week Cal.4th 1028, 1071. ) the.... 'S fear, on appeal defendant advances a factual argument he did and answered. Had her, so she admitted involvement in drug transactions, saying she had been and. Phone call Antonio `` Chuco '' Guillen, the court does n't whether... Was a small amount of money and it would violate gang rules to testify against her husband during third! Had given Clark her messages and he answered yes that ho back fucking... Jose NF underboss, supervised from another car parked down the street in March,... 2009 about his $ 400 debt to defendant report explaining any assault jury terms! Small amount of money and it would violate gang rules to testify against a fellow gang like!
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