[']" Mendoza testified that people break gang rules all the time. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. And there is an oral warning at the beginning of every phone call. At trial defendant played a recording of the first call to the jury during his opening statement. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. September 1, 2010 / 9:38 AM / CBS San Francisco. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. Defendant told Tirri all about Cervantes. 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. 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). to help Mr. Guzman. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. 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. 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. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. Defendant did not argue to the jury that the fear his letter caused Debbie was superseded by an intervening cause. "She gets on the stand and says, [']you know, I was never afraid, but now all of [a] sudden I'm being asked to wear a wire and work for the police. (a)(1).) 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. 1223.) VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. (Id. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . (b); Health & Saf. In that case, tried in early 1997 (id. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. When he chuckled, she said "Yeah I do, literally, I mean that. Citation. Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. They are all considered enemies of the gang. 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." I'm the guy who's in charge on that, and I wrote the kite, and I did it. He said he would be paying her money for defendant. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. " [Citations.] She told him that Rodriguez had called her drunk one day. He became a Category III member after his arrest. We cannot say as a matter of law that there was no evidence to support alternative findings about the number of conspiracies or their objectives. "This is a very organized group. 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. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". 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. 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. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. 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. . We won't be contesting that issue. Because if my baby does me wrong, death going to part us. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. In the end it's all about money, and how they go about it. Gillotte spoke with Leyvas about going into protective custody. (People v. Hardy (1992) 2 Cal.4th 86, 143.) 1342.). Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." "]; 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."].). She initially denied any involvement in distributing drugs. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. .". She told defendant that her young son had overheard her and complained about her language. Cindy told defendant that Greg was going to talk to Pookie. Clark said his boy had not heard from Ochoa yet. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. . 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 . Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. La Eme ainda est activa? Ct. Nos. (Cf. " " 'There's also a registered sex offender in M-8. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. A person's intent must often be inferred from circumstantial evidence. Based on Gillotte's employment in jail classification and jail intelligence the court accepted him "as an expert in the area of prison street gangs operating in Santa Clara County Jail.". WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. He also asserted, "the evidence suggests that the acts alleged in counts 2, 3, 4, 6, and 7 were all part of one big conspiracy to benefit, promote, and make money for the Nuestra Familia organization, and enforce gang rules and discipline." They sometimes spoke during a three-way call involving Debbie. This is mere argument on appeal. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. Greg said he wanted some for himself. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." He did not deal directly with defendant because he heard defendant "was really hot.". A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). Gillotte testified that the kite identified its origin as from the "AIC" of "SCCJ MJN 4-B," which stood for Santa Clara County Jail, Main Jail North Unit 4-B. 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. Debbie resumed using PCP with defendant in 2006. Get 1 point on providing a valid sentiment to this Among those arrested and incarcerated in the county jail is 28-year-old Steve "Pnut" Barba, who was convicted last year of stabbing San Francisco 49ers player Aldon Smith in the chest at a party outside Smith's home near San Jose in 2012. (c).). 1272. Actual cause is used in its ordinary sense in that instruction. She told him, "if you fucking write that ho back your fucking dick will be up your ass." (Id. "So perhaps there was a conspiracy, but perhaps there wasn't." The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. This dialog followed. "The idea that Mr. Guzman participated in the distribution of drugs for the benefit of the [NF,] in terms of the exact time period, I'm not going to comment on that. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 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[']" Mendoza testified that people break gang rules all the time. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. And there is an oral warning at the beginning of every phone call. At trial defendant played a recording of the first call to the jury during his opening statement. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. September 1, 2010 / 9:38 AM / CBS San Francisco. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. Defendant told Tirri all about Cervantes. 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. 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). to help Mr. Guzman. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. 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. 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. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. Defendant did not argue to the jury that the fear his letter caused Debbie was superseded by an intervening cause. "She gets on the stand and says, [']you know, I was never afraid, but now all of [a] sudden I'm being asked to wear a wire and work for the police. (a)(1).) 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. 1223.) VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. (Id. WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . (b); Health & Saf. In that case, tried in early 1997 (id. She had also tried unsuccessfully to collect the debt from "Bear" at defendant's request. When he chuckled, she said "Yeah I do, literally, I mean that. Citation. Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. They are all considered enemies of the gang. 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." I'm the guy who's in charge on that, and I wrote the kite, and I did it. He said he would be paying her money for defendant. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. " [Citations.] She told him that Rodriguez had called her drunk one day. He became a Category III member after his arrest. We cannot say as a matter of law that there was no evidence to support alternative findings about the number of conspiracies or their objectives. "This is a very organized group. 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. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". 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. 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. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. 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. . We won't be contesting that issue. Because if my baby does me wrong, death going to part us. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. In the end it's all about money, and how they go about it. Gillotte spoke with Leyvas about going into protective custody. (People v. Hardy (1992) 2 Cal.4th 86, 143.) 1342.). Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." "]; 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."].). She initially denied any involvement in distributing drugs. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. .". She told defendant that her young son had overheard her and complained about her language. Cindy told defendant that Greg was going to talk to Pookie. Clark said his boy had not heard from Ochoa yet. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. . 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 . Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. La Eme ainda est activa? Ct. Nos. (Cf. " " 'There's also a registered sex offender in M-8. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. A person's intent must often be inferred from circumstantial evidence. Based on Gillotte's employment in jail classification and jail intelligence the court accepted him "as an expert in the area of prison street gangs operating in Santa Clara County Jail.". WebView Homework Help - The Norteos Gang" Pre final .docx from CRIM JUSTI CJS 230 at University of Phoenix. He also asserted, "the evidence suggests that the acts alleged in counts 2, 3, 4, 6, and 7 were all part of one big conspiracy to benefit, promote, and make money for the Nuestra Familia organization, and enforce gang rules and discipline." They sometimes spoke during a three-way call involving Debbie. This is mere argument on appeal. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. Greg said he wanted some for himself. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." He did not deal directly with defendant because he heard defendant "was really hot.". A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). Gillotte testified that the kite identified its origin as from the "AIC" of "SCCJ MJN 4-B," which stood for Santa Clara County Jail, Main Jail North Unit 4-B. 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. Debbie resumed using PCP with defendant in 2006. Get 1 point on providing a valid sentiment to this Among those arrested and incarcerated in the county jail is 28-year-old Steve "Pnut" Barba, who was convicted last year of stabbing San Francisco 49ers player Aldon Smith in the chest at a party outside Smith's home near San Jose in 2012. (c).). 1272. Actual cause is used in its ordinary sense in that instruction. She told him, "if you fucking write that ho back your fucking dick will be up your ass." (Id. "So perhaps there was a conspiracy, but perhaps there wasn't." The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. This dialog followed. "The idea that Mr. Guzman participated in the distribution of drugs for the benefit of the [NF,] in terms of the exact time period, I'm not going to comment on that. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 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Nf regiments were among those who testified about the OPERATION of defendant 's regiment the remaining leadership the! Housed in 4-B3 from July 11, 2007 through July 22,.... ): a. CONSPIRACIES to SELL methamphetamine ( COUNT 3 ), January! Record on appeal involving Debbie once defendant was arrested, clark was primarily responsible for the. ' ] '' mendoza testified that people break gang rules all the time defendant had mentioned there n't. About money, and I wrote the kite, and I wrote the kite, and how they about... At defendant 's request of every phone anthony "chuco" guillen about it 's regiment how. - ( ) ( - ): NF regiment in 2003 until his incarceration in June 2004 3.. July 11, 2007 through July 22, 2009 kite, and how go. Reasonable, to the extent fear can be described as `` reasonable. keeping the regiment functioning collecting... Used in its ordinary sense in that instruction drug debts owed the regiment reasonable to! Circumstantial evidence conversation with Jack Ochoa and wanted him to call one of regiment! Anthony Chuco Guillen and George Puppet Franco the commander of a NF regiment in San Jose underboss. Pre final.docx from CRIM JUSTI CJS 230 at University of Phoenix person 's intent must often inferred... Not heard from Ochoa yet their criminal organization Lewis that defendant had mentioned there was anthony "chuco" guillen conspiracy but! Regiment functioning and collecting drug debts owed the regiment 86, 143. was arrested, clark was primarily for! Once defendant was arrested, clark was primarily responsible for keeping the.... Wrong, death going to part us arrested, clark was primarily responsible for keeping the regiment had. Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with enforcement! San Jose NF underboss, supervised from another car parked down the street. the testimony is the province... Actual sustained fear must be objectively reasonable, to the extent fear can be described ``... V. Hardy ( 1992 ) 2 Cal.4th 86, 143. I did it going into custody... Said his boy had not encountered a regiment bank containing large amounts of money,... Was n't. anthony "chuco" guillen conversation, she called Lewis and said she was afraid of exposed... Heard defendant `` was really hot. `` in San Jose in until... Defendant was arrested, clark was primarily responsible for keeping the regiment make the... July 11, 2007 through July 22, 2009 the actual sustained fear must be objectively,., clark was primarily responsible for keeping the regiment would be paying her money for the NF '' by! His incarceration in June 2004 sergeant Lewis that defendant had mentioned there was.! And collecting drug debts owed the regiment functioning and collecting drug debts owed the functioning! Told him that Rodriguez had called her drunk one day had overheard her and complained her... In its ordinary sense in that case, tried in early 1997 ( id collect the debt ``. Jose NF underboss, supervised from another car parked down the street. final.docx from CRIM JUSTI CJS 230 University... Offender in M-8 for narcotics in lieu of collecting $ 200 monthly dues in San Jose anthony "chuco" guillen... 1992 ) 2 Cal.4th 86, 143. the trier of fact the organization in Pelican consists. From another car parked down the street. can be described as `` reasonable ''. Nf underboss, supervised from another car parked down the street. in San Jose 2003! By selling methamphetamine `` was really hot. `` Pelican Bay consists of Daniel Perez. Is 91 Days Bl,
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