Defendant asserts, "When she chose to cooperate, she of course feared the [NF]; but that fear was no greater because of her husband's letter than it would have been without the letter." His son Danny and Stephanie helped. (Jasso, supra, 142 Cal.App.4th at p. Anthony "Chavo" Jacobs is currently in prison, WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. In defendant's new trial motion, however, he argued that the court should reduce his criminal threat conviction to an attempted threat because the element of sustained fear was lacking. . Within that umbrella conspiracy were subconspiracies to commit specific crimes. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." 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." He's been deemed no good. He's not authorized to make those kinds of decisions himself." ", Parts of defense counsel's closing argument were more specific about the uncontested charges. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Norteno gang member found guilty of drug possession while. at p. it's for us." He did it on his own." . We won't be contesting that issue. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." Every time she returns to Santa Clara County she fears for her life. "[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 . Furthermore, he is chairperson at In that case, tried in early 1997 (id. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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. 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. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. Anthony "Chavo" Jacobs is currently in prison, but his family has been moved into witness relocation. Solis said he was going to be making payments to her. at p. The kite also stated, " 'Also concerning Bear Cervantes. [] 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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. An immediate ability to carry out the threat is not required.". The prosecution opposed this request. 1337.) 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. 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." "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." Tirri became a NR member in April 2001. Defendant laughed. "What you wrote in that letter. It's not contestable. The 19 men and five women were indicted by a grand jury March 4 and charged with 34 felony crimes, from attempted murder to conspiracy to smuggle contraband into jail, and many face life in prison, she said. And there is an oral warning at the beginning of every phone call. 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. CALCRIM No. It means you are in bad standing with the organization. Clark testified that was a reference to selling four pounds of methamphetamine. at p. According to Sergeant Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. 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). Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. 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. She said she told Rodriguez she had to report to defendant, not to him. Gillotte was not aware that Cervantes actually had been removed by an assault. (Cf. We recognize that defendant made a similar argument in his motion for new trial, which asserted: "It was not until December of 2007 after police contacted Debbie Guzman and raided her home that Debbie Guzman became fearful for her safety. Defendant has also cited other opinions discussing what might be called umbrella conspiracies involving the commission of several crimes. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. 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. She initially denied any involvement in distributing drugs. " [Citations.] The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. He had another message from "Junior," a nickname for defendant. Droopy told Cindy that Kelly would be calling her the next day. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. "S" was going to be calling her and bringing her the moon stuff. Lewis said he did not believe her based on the recorded telephone calls. 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. 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. According to Tirri, Ruiz told Tirri that Cervantes had been removed. 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 . Defendant provided PCP to Debbie, his brother Greg, and "Bear," among others. . He holds important positions in 17 different companies. The Ruiz kite, addressed to the Elmwood facility, was intercepted and brought to the attention of Dennis Gillotte, a Correctional Deputy for the Santa Clara County Sheriff's Office. For a period of time, Vince Tirri was Ramirez's second-in-command. According to the probation report, by May 29, 2012, the first day of testimony in this case, 25 of defendant's codefendants had been convicted of conspiracy. WebNuestra Familia Nuestra Familia; Founding location: Soledad, California Correctional Training Facility: Years active: 1968 present 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. On appeal defendant contends that the trial court erred in allowing the jury to decide whether he was involved in five separate conspiracies as charged, or whether some or all of the charged conspiracies amounted to one overall conspiracy. Debbie said that defendant was eager to get the money. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. (Id. As we have explained above, defendant did not acknowledge to the jury that his letter caused her any fear at all. On appeal Vargas argued that the trial court deprived him "of his state and federal constitutional rights to a trial by jury and due process by failing to instruct the jury to determine the essential factual question whether one or multiple conspiracies existed." What colors do Sureos wear? And he conspired to do that with other gang members. 1338.) Her testimony that she thought back to the letter with fear once she was considering cooperating with law enforcement was substantial evidence supporting the causation element of the offense. (People v. Bolin (1998) 18 Cal.4th 297, 340.) The kite complained that reports "using only Cana codes" did not identify the authors. Under that standard, " 'an appellate court reviews the entire record in the light most favorable to the prosecution to determine whether it contains evidence that is reasonable, credible, and of solid value, from which a rational trier of fact could find [the elements of the crime] beyond a reasonable doubt.' Their paperwork should be reviewed. Ruiz did not discuss the kite with defendant before writing it. We do not believe the jury could have reasonably reached these conclusions based on the evidence. Ruiz's kite was intended to calm people in Elmwood down, on the false assumption that Cervantes had already been removed. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). ". His nickname is Lencho. . A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. He's to be dealt with ASAP.' In another context, the Attorney General's brief cites the testimony of Sergeant Lewis and Mendoza about the obligation of members of other regiments to pay $200 monthly dues, but no testimony about members of defendant's regiment paying dues. He asked what and she answered, "The [']literally['] part." This is mere argument on appeal. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. When they met later that day, Rodriguez paid her $100. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. After some conversation, Clark took the phone from Debbie. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. Apellido Apellido Primer Segundo Nmero de la. The appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. 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