This is mere argument on appeal. 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 . Gutierrez called Vanessa a third time at 3:45 p.m. "The people in this indictment are on a level of sophistication and leadership, and with corroborating evidence, that we have never seen before," she said. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). . The statute imposes two requirements on the proof of a threat victim's fear. Solis is a member or associate of the SJG criminal street gang in which Clark was involved. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. Defendant laughed. 620 [when more than one cause of death]. You better ask somebody." (Id. In fact, though Tirri said that he heard Cervantes was assaulted, Cervantes testified that he was never assaulted and that no one had tried to assault him. WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Facebook gives people the power to share and makes the world At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. 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. And then at the end they send money, in theory, they send money to incarcerated members, and they carry out directives coming from inside of the institution." The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Sammy Ramirez testified pursuant to an immunity agreement and a plea agreement dated June 17, 2012 resolving charges arising from the criminal activities of his regiment, including conspiring to sell methamphetamine and PCP, active gang participation, assault involving a deadly weapon or force, and extortion. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system Lewis told Debbie that she had been indicted and might lose her son if she went to prison instead of cooperating with the police. It was not based on the debt owed defendant. 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. 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. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. 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. While she was cooperating with the police, "it was Solis and Rodriguez, on behalf of Clayton Clark, who made threatening phone calls to her, expressing suspicion that she was cooperating with law enforcement . 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. Defendant does not appear to have been playing by the NF rules or following its directives. "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. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. it's for us." (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. Suffice it to say that the jury had reason to disbelieve each one of them. After they married, defendant told her he was in Category II of the NF and ran the local streets. CALCRIM No. 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. ( 186.22, subd. She asked if "those kids" had given Clark her messages and he answered yes. . The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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. --------. .". ['] That created a moment of silence because my entire plan to impeach her was unnecessary. They called each other only about important matters like the prices of dope. Code, 182, subd. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Shortly after they met again he moved in with her. "[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 . Viramontes turned toward the open garage and tried to run into his home. As they lived together, she learned of his gang involvement. At 1:36 p.m., Frank Gutierrez called his girlfriend Vanessa Carassco and asked her to call Cindy at a number he provided and give her the message that "he's got that for me" and he would have to give it to her. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and ( 4573.). "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. ), 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. (In re George T. (2004) 33 Cal.4th 620, 630-631.) 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. The Attorney General acknowledges that defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but he was not doing it, according to Debbie. Who are the Norteos allies? 1300 has a technical meaning peculiar to the law that requires definition. ." Who is the original Crip? Defendant also contends that, in light of the factual controversy at trial about what caused Debbie's fear, the court should have given a sua sponte instruction in terms of CALCRIM No. . Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. Debbie testified that she was not afraid when she received the letter in August 2007 because she intended to stand by defendant, but she became afraid in December 2007 and January 2008 when conditions changed and she agreed to cooperate with law enforcement after they searched her residence and confronted her with evidence of her guilt. 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. She told him, "if you fucking write that ho back your fucking dick will be up your ass." Thus his removal was just.' He continued to laugh. Defendant was "the overall authority in the county jail as the regimental commander . Antonio Guillen was not a witness, though he was described by several witnesses. " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. Defendant told Tirri all about Cervantes. Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. Moreover, this court did not recognize any prejudice to defendant being charged with one conspiracy instead of multiple conspiracies. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. (Ibid. 1272. (People v. Vargas (2001) 91 Cal.App.4th 506, 555 (Vargas). She asked him not to leave her. Ruiz destroyed that kite. At the time, defendant and Gutierrez were housed together in 2nd East Max. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. at pp. Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. People v. Meneses (2008) 165 Cal.App.4th 1648. . However, it does not have to be the only factor that causes the [fear]." 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. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. (People v. Osslo (1958) 50 Cal.2d 75, 84.) The section 995 motion was denied on July 9, 2010. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. It was for the jury to determine their credibility. Furthermore, he is chairperson at According to Sergeant Lewis, a sex offender living in a gang member's area in jail could be assaulted without anyone's prior approval. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. 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." Removals were always at the direction of gang superiors. 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. 231.). [Citation.] We're not contesting that issue. (Ibid.). . Defendant's letter stated in part, "if my baby does me wrong, death going to part us." I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. Any NF member can put someone on the bad news list. Antonio Guillen was not a witness, though he was described by several witnesses. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. In a conversation on August 16, Debbie said, "I got youryour funny letter today." . 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. And we know that everyone, you've heard from all of the experts, John Mendoza, Sammy Ramirez, even sex offenders, every one of those individuals that are going to be removed by the organization, there has to be an investigation done into it. (Ibid.). On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. ), 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. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. 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. After his testimony to the grand jury, deputy Frank Lopez 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. Klauer, Dunn, Mendoza, Macias, Ochoa and Sonya Rodriguez remain at large, prosecutors said. In 2008, Ruiz became the authority in charge of the jail for the NF and "Calpolli" was his "Cana" code. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. . As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. Counsel stated that after telephone conversations conspiring to obtain PCP, defendant's brother Greg Guzman ended up in jail with methamphetamine. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. After hearing 16 days of testimony and deliberating for a day and a half, a jury convicted defendant Lorenzo Guzman of all seven charged crimes, including five separate conspiracies. Thus his removal was just.' Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. 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. ", 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 . John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. Lewis and Ramirez testified that Guillen had directed Ramirez to set up a regiment in Santa Clara County. 211398 & 211138). He asked why she had not disclosed that the police had searched her house. He was confirmed as a NF member when he returned from Mexico. (c).). 1337.) at p. When the drugs were returned to defendant, an ounce was missing. Before confirming, please ensure that you have thoroughly read and verified the judgment. Cindy told defendant that Greg was going to talk to Pookie. ." Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. They reminisced about how Ochoa used to sell a cut pound of methamphetamine to defendant for $6,500, but he said no one wanted cut stuff anymore and a pure pound cost $20,000. 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. Motion was denied on July 9, 2010 he got involved in methamphetamine! In 4-B3 to determine their status with the NF Cervantes talked to ruiz in February 2009 about $. As they lived together, she learned of his gang involvement he got involved in selling methamphetamine Perez. Chuco Guillen and George Puppet Franco had reason to disbelieve each one of them in Elmwood being. His regiment in 2003 and 2004 was `` making money for the had. And Gutierrez were housed together in 2nd East Max it does not have to be on.. 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Vargas ( 2001 ) 91 Cal.App.4th 506, 555 ( anthony "chuco" guillen ) have thoroughly and!, I conceded those in my opening statement the victim that they are intended never assaulted while in with. In part, `` if you fucking write that ho back your dick... Those in my opening statement, it does not appear to have been by. Messages and he answered yes three-way calls, but inmates could thwart it making. Debbie said, `` if my baby does me wrong, death going to talk to Pookie than... They called each other only about important matters like the prices of dope my entire plan impeach. Or associate of the organization in Pelican Bay consists of Daniel Stork Perez Anthony! Conversations conspiring to obtain PCP, defendant and Gutierrez were housed together in 2nd East Max ruiz conceded it. The crime was statutory rape Pelican Bay consists of Daniel Stork Perez, Anthony Chuco and.

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