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. " (Id. . "So perhaps there was a conspiracy, but perhaps there wasn't." "[E]ven if the evidence would support a finding that Mr. Guzman's letter was written with the requisite intent, and that it was the type of threat that reasonably could have caused Mrs. Guzman to be in sustained fear for her safety, the record does not support a conclusion that the threat actually caused her to be in such fear, because her fear was due to other causes, not the letter, and in other words, she would have had the same fear with or without the letter, for the reasons" already asserted. at p. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. Enhance your digital presence and reach by creating a Casemine profile. Defendant told Tirri all about Cervantes. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. Defendant once told Debbie about a situation in the 1990s when one of the wives got killed for talking after several gang members got arrested for drug sales. 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. 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." What is the biggest gang in California? "They are literally using the bodies of their members as mules to run their gang," she said. A member on freeze is still active, but should not be informed about current gang business. 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 (Jasso, supra, 142 Cal.App.4th at p. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix There has to be an incident report explaining any assault. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. Debbie said that defendant was eager to get the money. . (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). The witness then feared for her life and called the police. Code, 11370.2, subd. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. Above the phones is a placard saying the same thing. His regiment sold more methamphetamine than PCP. The appellate court reasoned that the nature of a threat may be revealed by subsequent conduct by the defendant and other relevant circumstances. 1223.) Ruiz said he would be on freeze, but not deemed no good. In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. . Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. As the prosecutor argued to the jury, that second phone conversation amounts to substantial evidence that defendant intended his wife to take his letter as a threat. According to Mendoza, that obligation existed for all regiments throughout Northern California. [] 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 remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. ". "So he's just relaying information that has been related to him. He was a year or two younger. Until defendant was incarcerated, he just provided Clark with methamphetamine, not PCP. Most of his arguments are directed at his conviction of threatening his wife (count 5), namely that there was insufficient evidence of a criminal threat, that the evidence established at most an attempted threat because she was not frightened, and that the court should have defined causation sua sponte. According to jail records, Cervantes was taken into custody on May 1, 2008. (a)). Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. I think it's at leastI don't think you can reject Frank Ruiz's testimony. Police sources said no criminal charges will be brought against the Rev. She transitioned out of the program in September 2010 and stopped receiving financial assistance. I always thought I was going to be with him, so I wasn't really afraid at that time.". 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. There was testimony in this case that the NF constitution was revised in about 2005. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. 240 saying the letter had to be only a substantial factor in causing Debbie's fear, it would have weakened his absolute position and made it easier for the jury to convict defendant of the criminal threat charge. at p. at p. 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. Furthermore, 'In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. 1960s: Origen de la pandilla Dieciocho. The issues were brought before the jury. 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." They did not meet in person at the time. 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." 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. 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. "It's incredibly dangerous what he did and he is in great danger," McKeown said. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. The kite complained that reports "using only Cana codes" did not identify the authors. She thought back to that threat, and that threat made her think, [']my husband is going to have m[e] killed if I make this decision. Defendant does not elaborate on what that peculiar meaning is. Clark kept returning to prison after being released. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. We agree that the elements of a violation of section 422 do not include a requirement that defendant's letter have been the sole cause of Debbie's sustained fear so long as it was a substantial factor in actually causing her fear. What the Attorney General asserts does not resemble the prosecution's arguments to the jury. Copyright 2015 by CBS San Francisco and Bay City News Service. Debbie pointed that that both Bear and Roman were users. Get browser notifications for breaking news, live events, and exclusive reporting. (Vargas, supra, 91 Cal.App.4th at p. Appellate counsel for both sides make some factual arguments not presented to the jury. The court denied defendant's motion, explaining: "What is clear, however, is that this Court has a sua sponte duty to instruct in this area when there was sufficient evidence to support either finding either a single or multiple conspiracies, and I believe that the record is replete with evidence to suggest either theory. Ruiz heard in January 2009 that defendant was no longer on freeze. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. He is now a "three striker," a person who can face a harsher sentence such as life in prison for committing a felony for the third time, McKeown said. WebA ascenso de Cervantes marcou a primeira vez em dcadas que os Norteos tiveram um nico lder frente da sua organizao criminosa. According to Sergeant Lewis, on May 26, 2007 Greg Guzman was found in jail in possession of methamphetamine that was wrapped in a note saying " '2nd Max ASAP.' He continued to laugh. 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. (Health & Saf. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. I didn't discuss it with Lorenzo Guzman. According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. A few minutes later, her sister came home and told her defendant's friend was looking for her. Within a prison or county jail, the regimental commander has the authority to deem someone no good. Defendant's trial strategy involved essentially conceding his guilt of the first four counts, which included three conspiracies in addition to the active gang participation alleged in count 1. 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. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. 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. ", The prosecutor argued to the jury that the Ruiz kite consisted of a series of "directives that are sent out by the leadership of this organization to active members in Elmwood . Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. There is a replete record from which there is a sufficient basis in which a jury did make their findings, so the request to grant a new trial or modify the verdict is denied at this time. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. However, he testified that "it's all about money. Mendoza was testifying pursuant to a use immunity agreement as well as a plea agreement of September 9, 2008 resolving charges against him arising partly out of his regiment selling drugs, including conspiracy to sell methamphetamine, active gang participation, possession of heroin, and possession of marijuana for sale. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. * Enter a valid Journal (must Documento de Documento de. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. (People v. Bolin (1998) 18 Cal.4th 297, 340.) WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. That day Debbie went to the office of the investigators and agreed to cooperate. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." As we have summarized above (in part II.A.5), there was evidence in this case that some regiments continued to operate that way, but not defendant's. However, it does not have to be the only factor that causes the [fear]." Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. (In re George T. (2004) 33 Cal.4th 620, 630-631.) In the end it's all about money, and how they go about it. (Cf. He asked for the allegation against defendant to be deleted because defendant was not involved. September 1, 2010 / 9:38 AM / CBS San Francisco. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. Do you know what 'wouldn't' means?" The section 995 motion was denied on July 9, 2010. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. And that's Count One, that's being actively involved in a criminal street gang. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. He wouldn't be here if he wasn't helping him . Operation RED OCTOBER INDICTMENT Booking PHOTOS, Public File for KBCW-TV / KBCW Cable. 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