In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. November 26, After seeing the Ruiz kite, Officer Gillotte determined that "Bear" Cervantes was Danny Cervantes. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. Debbie commented, "all that drama just over $400." Apart from Ruiz's testimony that defendant was temporarily removed from his position as the overcall NF jail authority when Ruiz wrote the kite, the prosecution's evidence established that defendant was the only NF authority in the Santa Clara County Jail who could authorize removals and that he had a motive to deem Cervantes no good, namely an unpaid drug debt. 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. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." According to Mendoza, that obligation existed for all regiments throughout Northern California. When he returned to custody in January 2008, he was told he needed to get to the fourth floor and he was housed in 4-B, where he met Frank Ruiz. Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. Defendant said he was putting something else in, "a little moon stuff." She told him, "if you fucking write that ho back your fucking dick will be up your ass." Clark testified that was a reference to selling four pounds of methamphetamine. At trial she denied appellant's words alone frightened her." I'm the guy who's in charge on that, and I wrote the kite, and I did it. You would not." ." " " 'There's also a registered sex offender in M-8. It concluded that the trial court "in response to the jury's questions, properly informed the jury that the threatening statement does not have to be the sole cause of the victim's fear and that a statement the victim does not initially consider a threat can later be seen that way based upon a subsequent action taken by a defendant . The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' "She" would direct her where to go and it had to be done today. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. "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." Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. On December 18, Debbie told defendant during a telephone call that the police raided the house the day before and had torn the house apart and taken all their letters and pictures and computers. 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. 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. She told defendant that her young son had overheard her and complained about her language. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Ruiz was the NF's authority in charge at the time. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Leslie said that Bear told her he had moved to Modesto and would call her back and, when she called him two days later, his phone was disconnected. Apellido Apellido Primer Segundo Nmero de la. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. On count 3, the court selected the upper terms for the conspiracy and the gang enhancement based on defendant's leadership role, his criminal sophistication, and his performance on parole. That night, Clark got money from Charlie Campa and drove to Mexico with his wife. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. When they met later that day, Rodriguez paid her $100. "I don't think they have proven their case. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. Suffice it to say that the jury had reason to disbelieve each one of them. 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. The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. 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." ( 667, subd. Tirri testified that he paid dues when he was a member of Charlie Campa's regiment. (Pen. You better ask somebody." .' Any NF member can put someone on the bad news list. Accordingly, the court instructed the jury in terms of CALJIC No. 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). Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. Click here to remove this judgment from your profile. Defendant said he had deemed Cervantes no good. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. They want to determine their gang credentials and keep out inmates charged with sex crimes. [Citation.] 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. 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. 549.) She enjoyed the status of being his wife. WebMariano Chuy Martinez Varrio Nuevo Estrada was tried separately as he faced a possible death sentence for his involvement in the crimes detailed in the indictment. Debbie testified that she provided methamphetamine and PCP to Cindy at Cindy's request so that she could give them to Greg, who was in jail. Tipo de Nmero de. He became the secretary of Skip Villanueva, a high-ranking NF member. (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. She told him that Rodriguez had called her drunk one day. (b); 1170.12.) Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. . 1272. 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. . "It was a successful day out.". For a period of time, Vince Tirri was Ramirez's second-in-command. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. Cervantes said he should have handed "it" directly to defendant instead of to Roman, because defendant said it was short. There were four cells. People v. Meneses (2008) 165 Cal.App.4th 1648. El liderazgo restante de la organizacin en Pelican Bay consiste en Daniel Stork Prez, Anthony Chuco Guilln y George Puppet Franco. 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. It ended, "Love you, always, your husband.". While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. " Mendoza understood the letter to be relaying Guillen's instructions. Defendant sometimes brought her along when he picked up money and dropped off drugs. ( 245, subd. Clark said "the black guy was just at my house." "He is the granddaddy of the Nortenos in California," McKeown said. We do not understand the distinction attempted in this last point. . In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. (a)(1)) and ammunition (count 2; 12316, subd. Jack Ochoa supplied defendant with "ice," methamphetamine. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. Debbie agreed to record phone calls with a digital recorder. 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. 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. B. All rights reserved. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. After they married, defendant told her he was in Category II of the NF and ran the local streets. Algunas Documento de Documento de. Debbie said that "Sheila" wanted to get on the phone. The kite complained that reports "using only Cana codes" did not identify the authors. In the other two were Frank Ruiz and Marco Abundiz. That day Debbie went to the office of the investigators and agreed to cooperate. The inmates are notified in three different ways. 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. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). WebTranslations in context of "" in Russian-English from Reverso Context: Incarceration ended her addiction to PCP. Debbie said defendant was mad about how Rodriguez had confronted her. Appellate counsel for both sides make some factual arguments not presented to the jury. Do you know what 'wouldn't' means?" at p. Copyright 2015 by CBS San Francisco and Bay City News Service. Gillotte spoke with Leyvas about going into protective custody. 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