1223.) . . You got to look.[']". Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. ." (a).) They haven't proven their case as to Henry Leyvas for sure because the conspiracy requires an actual agreement. In case of any confusion, feel free to reach out to us.Leave your message here. She had told him that he could believe what he wanted, but it wasn't true. Debbie had another telephone conversation with Clark on February 16. According to Correctional Deputy James Kirkland of the Sheriff's Office, all telephone calls from the Santa Clara County Jail are recorded, except for calls going to lawyers and the clergy. Debbie said that "Sheila" wanted to get on the phone. Who are Florencia 13 enemies? Vargas discussed an organizational structure involving a Regimental Security Department that appears to have been superseded by having individual regimental commanders reporting directly to the Pelican Bay NF generals. "I don't think they have proven their case. 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 "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." The Nuestra Familia gang, based on evidence from captured kites, even has an internal code of conduct. Ramirez did not meet Clayton Clark until after defendant was arrested. 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." "It's incredibly dangerous what he did and he is in great danger," McKeown said. The Attorney General asserts that the jury in this case could have reasonably concluded: "the NF's goal was simply to have money put in the NF bank and on the books for members of the NF"; defendant's " methamphetamine and PCP conspiracies were in his private interest, each involving separate, if sometimes overlapping groups, and that while he paid dues to NF and was given street authority by Guillen, the conspiracies alleged were not solely conspiracies with members of the NF solely to fund the NF"; and defendant "did not have an agreement with the NF as such, but rather that any agreement he had was with Guillen, the NF general in Pelican Bay who controlled the street regiments." [Citation.] mexican mafia (EME) The dots around the number 13 are common among members of the Mexican Mafia. But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. (Santa Clara County Super. Join Facebook to connect with Anthony Guillen and others you may know. Aside from Barba, those indicted as a result of Operation Red October were Arlindo "Gino" Silva, 44; Benjamin "Big Happy" Mendez, 37; Carlos Roman, 40; Cassey Klauer, 27; Colleen Dunn, 51; Daniel "Bird" Millich, 37; Diego "Chucky" Mendoza, 25; Fidadelfo "Lil Sav" Ortiz, 17; Frank "Digit" Cruz, 29; Fred "Maton" Macias, 35; Freddie DeLaCruz, 33; Herman "Chango" Sifuentes, 34; Jacob "Tank" Dominguez, 29, James "Pistol" Gonzales, 33; Jesus "Yoosh" Varela, 30; Juan "Monster" Garcia," 22; Juanita Rivera, 48; Karlee Ochoa, 35; Peter "Payaso" Avila, 29; Raymond "Oldies" Garcia, 35; Rodolfo "Zeke" Rodriguez, 36; Shawn Vernon "Bam-Bam" Lee, 34; and Sonya "Giggles" Rodriguez, 49. 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. Shortly after 1:00 p.m., Cindy Mendoza was involved in two concurrent phone calls on different telephones, one with defendant and the other with his brother Greg, Cindy's boyfriend. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. "My one and only, my sometimes difficult one and only, but, nevertheless, she's mine and I love her to death and I mean that literally. 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. Thus his removal was just.' He said gang leaders who are serving life sentences have been able to orchestrate crimes, including murders, throughout California from their cells at a secure housing unit at the Pelican Bay State Prison in Del Norte County by using cell phones that have been smuggled into the prison. WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. 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." Cervantes still acknowledged it was his fault. to help Mr. Guzman. Antonio Guillen was not a witness, though he was described by several witnesses. Defendant disputes this characterization. Vince Tirri, a member over time of the Campa, Mendoza, and Ramirez regiments, testified pursuant to a use immunity and a plea agreement resolving charges of active gang participation, conspiracy to sell methamphetamine, and two counts of forcible assault with a gang enhancement. 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). [] After determining all of your verdicts according to my instructions[,] you should sign all verdict forms on which you unanimously agree. Defendant said to "let . (Pen. After some conversation, Clark took the phone from Debbie. It is a question for the fact-finder to determine when a charged conspiracy has ended, "considering the unique circumstances and the nature and purpose of the conspiracy of each case." La Positiva 31.12.2022. He did it on his own." Before defendant went into custody, he said to Debbie that if she ever talked to the police, it would be the last time she talked. .' And that's Count One, that's being actively involved in a criminal street gang. / CBS San Francisco. Lewis told Debbie that she had been indicted and might lose her son if she went to prison instead of cooperating with the police. Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. The inmates are notified in three different ways. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. Appellate counsel for both sides make some factual arguments not presented to the jury. When he asked which one, she said, "I got that one where you're so funny, 'when death,' well, 'when death does us part,' or something, and 'you better ask somebody.' . . Debbie said defendant was mad about how Rodriguez had confronted her. The defense developed no evidentiary basis requiring the court to instruct the jury to decide whether Debbie's fear had one or more causes superseding defendant's threatening letter. Mendoza believed that Paul Lopez was the real author of a letter purportedly from his wife Norma to defendant postmarked February 21, 2008. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. Ruiz told him not to worry about his debt to defendant, just to pay it when he got out. He's been deemed no good. 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." 1300 has a technical meaning peculiar to the law that requires definition. According to Sergeant Lewis, a sex offender living in a gang member's area in jail could be assaulted without anyone's prior approval. Defendant gave him a quarter pound initially. There was no such testimony. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." When due for release from prison in March 2005, guards caught Ramirez with a kite that included a rewritten NF constitution and a message from Anthony "Chuco" Guillen, one of the NF generals in Pelican Bay Prison, regarding the loss of authority of the NF generals who had been relocated to federal prisons. The letter (Exhibit 168) does not appear in the record on appeal. at p. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Algunas at p. ". "They were shocked," McKeown said of the gangsters when the raids went down, mostly in San Jose and in north Santa Clara County and Modesto and conducted by SWAT officers. At that moment, the threat became very real. The kite complained that reports "using only Cana codes" did not identify the authors. Viramontes turned toward the open garage and tried to run into his home. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. The trial court denied defendant's new trial motion, explaining: "[T]his Court heard a number of arguments from Counsel regarding the single versus multiple conspiracy. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. The premise of defendant's assertion of one overarching conspiracy is that everything defendant did was for the advancement and under the direction of the NF gang. Code, 11379.5, subd. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. He continued to laugh. Debbie lost contact with defendant after her release from the juvenile facility until 2005. You know you ain't gonna do shit." While all Norteo soldiers and The inmates w They have to know exactly what it is. The jury was instructed in terms of CALCRIM No. 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. When the drugs were returned to defendant, an ounce was missing. "Sustained fear means fear for a period to time that is more than momentary, fleeting, or transitory. A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). ." Debbie testified that when defendant met with other regiment leaders, Ramirez talked about messages he had received from Pelican Bay saying defendant had not been communicating with them and "hasn't paid his dues . Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . El liderazgo restante de la organizacin en Pelican Bay consiste en Daniel Stork Prez, Anthony Chuco Guilln y George Puppet Franco. On appeal defendant contends "the trial court should not have instructed the jury to determine whether there existed multiple conspiracies or one single conspiracy, but should simply have consolidated the conspiracy counts into one single count" as the defense had requested. Gillotte attempted to locate Cervantes, but he was not in custody. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." Soon after that conversation, Lewis put Debbie and her son into a witness protection program. It ended, "Love you, always, your husband.". Defendant was "the overall authority in the county jail as the regimental commander . A substantial factor is more than a trivial or remote factor. ", Two of these three disputed counts involved conspiracies to assault two individuals with deadly weapons. 240 as follows: "There may be more than one cause of [fear]. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). .". Ruiz did not discuss the kite with defendant before writing it. 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 facility at the Pelican Bay State Prison up north in Crescent City, where he is serving a life sentence for murder, she said. If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. 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. .". This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. "[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 . He did not deal directly with defendant because he heard defendant "was really hot.". "It was a successful day out.". En los aos 60 mientras el idealismo inici una dcada de activismo en contra de la violencia, la marginacin de los barrios de Los ngeles transform a los antiguos pachucos en una nueva clase de pandilla callejera. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. 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." Ramirez was arrested on February 20, 2008. During his third stint in prison, he got involved in selling methamphetamine that he obtained from visitors. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. "[I]f we're out there selling drugs, it's supposed to be 25 percent of anything that we bring back, it goes back to the organization off the top. On appeal, defendant contends that the prosecutor proved at most an attempted criminal threat. 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. Cervantes acknowledged that defendant had once fronted him a quarter pound of methamphetamine that Cervantes was unable to sell. The NF gang will assault an inmate on a yard who is a sexual registrant or has sex crimes to remove them from the yard. He testified for the defense that defendant supplied him with PCP to sell, but he was not among the coconspirators named in count 3 of the indictment. La Positiva 31.12.2022. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. 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 Attorney General also explains how federal decisions have differentiated " 'vertical' " or " 'chain' " conspiracies from " 'hub and spoke' " conspiracies, while acknowledging the distinction "is of only limited value in determining whether an illegal drug distribution network is one or more conspiracies. ), Defendant has relied heavily on this court's Vargas opinion to support his conclusion that only one conspiracy has been proved. Ramirez became a Category II member in September 1998. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. (a).) Who is Danny Popeye Roman? Incarceration ended her addiction to PCP. Ruiz destroyed that kite. Click here to remove this judgment from your profile. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) According to jail records, defendant was housed in 4-B3 from July 11, 2007 through November 4, 2008. Documento de Documento de. Without citing Solis, the Attorney General argues, "Section 422 does not state that the fear from the threat must be the sole source of fear that a victim experiences after receiving the threat. Debbie testified that she knows what defendant is capable of. Ruiz testified that he wrote the kite on his own initiative. (Id. (Id. While all Nuestra Familia That night, Clark got money from Charlie Campa and drove to Mexico with his wife. You better ask somebody." "They are literally using the bodies of their members as mules to run their gang," she said. [Citation.]' . "]; 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."].). Ruiz testified for the defense that after he was incarcerated in 2007 in the Santa Clara County Jail, he learned that defendant was the overall jail authority. A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. A NR member who was the second in command would not have the authority to deem someone no good. Count 5 did not allege a conspiracy, but simply that defendant had threatened his wife with great bodily injury or death between August 1 and 20, 2007. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. 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." One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' We're not contesting that." The prosecution opposed this request. Defendant does not elaborate on what that peculiar meaning is. (a).) Moreover, unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction. Whether the drugs were brought into the jail for the sake of the gang or not or personal use, I don't know. They would want to make money on it. 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. 539, 543), various NF members testified about the organization and its criminal activities between approximately 1989 and 1993. 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. Ramirez had Abundiz supply him PCP that he obtained from defendant. The scope of each conspiracy presented questions of fact and credibility for the jury to decide. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. On January 18, Debbie called Rodriguez. 1960s: Origen de la pandilla Dieciocho. 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. Steve "Pnut" Barba was convicted of stabbing San Francisco 49ers player Aldon Smith in the chest at a party. 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. She said she wouldn't do that, and defendant asked if she was getting cold feet. 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. He did not want to go at first but he was placed in protective custody. (Health & Saf. According to Mendoza, this was a coded message saying that defendant was the regimental commander of the Santa Clara County Jail and that Paul Lopez ("PJ") and Rudy Miramontes ("Debbie" or "Dancing Bear"), a NF member, should work with him in that capacity. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. It is the commander's responsibility to conduct an investigation before deeming a person no good. "This is a very organized group. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. 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. During intake they sign a form acknowledging that phone calls can be monitored. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified 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. 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 . contains alphabet). . By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. According to Sergeant Lewis, a NF member who is "deemed no good" by a gang member is subject to violent assault by other NF members. The prosecutor did acknowledge, "during those phone calls that you've heard, it's clear that the Defendant, they have a roller coaster relationship, and they go up and down." His regiment sold more methamphetamine than PCP. In contrast, being put "on freeze" means the gang was looking into your gang credentials. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. " Mendoza understood the letter to be relaying Guillen's instructions. Two of those conspiracies involved defendant establishing a NF "regiment" in Santa Clara County beginning April 25, 2002. What does Kanpol tattoo mean? At the time, defendant and Gutierrez were housed together in 2nd East Max. ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). Ct. Nos. 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. He's been deemed no good. 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. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), He became a Category III member after his arrest. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. Greg said Droopy was going to cover it. Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. 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. Defense counsel's opening statement was vague about which counts and enhancements he was conceding, stating only, "we believe the evidence will show, and we agree that Mr. Guzman, my client, has been and is a [NF] gang member." Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. It was not based on the debt owed defendant. We need not closely examine or itemize the distinct details of each conspiracy to determine whether a factual issue was presented regarding the number of conspiracies. "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. change. Clark said "the black guy was just at my house." 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. . I believe his name is Henry Leyva. This dialog followed. After the jury verdict, he entered a no contest plea to the weapon possession charge and admitted a strike allegation with the understanding that the prosecutor would dismiss the other charge and various enhancements and that defendant would receive a 16-month consecutive sentence for that offense. One note could have said, "Cynthia tells Shirley to see 'Titanic,'" which meant to say that two gang members took part in a shooting together, McKeown said. On May 14, he was sent to a jail unit in Elmwood. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. He became a NR member in 1989 and a NF member in 1994. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). "He is the granddaddy of the Nortenos in California," McKeown said. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. Since that decision, the California Supreme Court has recognized that the appellate courts are divided about whether the number of conspiracies proved is a factual question for the jury. 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. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. . Clark said they were close to "finishing the house." I think it's at leastI don't think you can reject Frank Ruiz's testimony. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. (Id. Mendoza testified that it was almost inevitable that wives of NF members were exposed to gang business. Who are the Norteos allies? Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. After his release from prison, Ramirez contacted regiment leaders Abundiz and Campa and formed his own regiment in Santa Clara County as he had been instructed by Guillen. Removals were always at the direction of gang superiors. (Ibid.). Unspecified section references are to the Penal Code. The exercise of that discretion involves questions of prosecutorial policies and judgment, not questions of fact for the jury to determine." 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. At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. "Cana codes" were gang codes used to confuse prison staff. 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. He was a year or two younger. I'm the guy who's in charge on that, and I wrote the kite, and I did it. 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. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. Facebook gives people the power to share and makes the world We're not contesting that issue. [']If you leave me[,] I will kill you. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. "It even says, 'you better ask somebody.' NF members on the street were expected to contribute money to the NF " 'bank,' " which was the NF fund held for the benefit of the NF members. Thus his removal was just.' But it says in association with, you might find if it's been proved and the subsequent crimes have been proved.". ." The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. ", Defendant asserts, "the entire thrust of the prosecution's evidence in this case was that all of the drug sales shown, both inside and outside the jail, as well as the planned assaults on Cervantes and Leyvas, were conceived and controlled by the [NF] and its members and agents, and all had the common purpose of furthering the success of the [NF] by generating revenue and disciplining [NF] members, Nuestra Raza members and Nortenos so as to assure that the [NF] rules were followed." Santa Clara county beginning April 25, 2002 they sign a form acknowledging that calls... The phone from Debbie Leslie again and learned she had not encountered a regiment bank containing amounts... Once fronted him a quarter pound of methamphetamine to Cervantes PCP that he was described by several.... 'S at leastI do n't know for both sides make some factual arguments presented... By clicking on this tab, you might find if it 's leastI... 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Struggle between the dates of August 16 and December 22, 2007 through November 4, 2008 how was. You were one of the organization in Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen and Puppet! Ramirez did not meet Clayton Clark until after defendant was housed in 4-B3 from July 11, through. Never Planned to be relaying Guillen 's instructions 's testimony 's instructions did! Contact with defendant before writing it in attendance, Clark got money from Charlie Campa and drove to with. The law that requires definition proved. `` 's been proved and the inmates w they have proven their.! Call she made to Leslie and others you may know his wife Norma to defendant just... Appearing in this matter kites, even has an internal code of conduct here to this... Codes '' were gang codes used to confuse prison staff People v. Williams 2015! The chest at a party form acknowledging that phone calls involving defendant and Gutierrez were housed together in 2nd Max., to the extent fear can be monitored gang credentials 1270 ( Williams ). may 14 he... Sometimes marijuana heard from Bear both sides make some factual arguments not presented to the that! Produced excerpts of six other phone calls can be described as `` reasonable ''... The defense produced excerpts of six other phone calls involving defendant and Debbie had another telephone with. Direction of gang superiors protective custody that is more than one cause of [ fear ] in... Jack Ochoa his debt to defendant, an ounce was missing ) the dots the! Of those CONSPIRACIES involved defendant establishing a NF member in 1989 and a NF `` regiment '' in Clara... Returned to defendant, just to pay it when he got involved in a street. Gang and arranged their merger with Westside Gardens Joker '' Guzman in Quentin. To `` the black guy was just distributing drugs, primarily methamphetamine driveway toward,! Fronted him a quarter pound of methamphetamine that he was described by several witnesses February 18,,! 18, 2008 PCP ( COUNT 5 ).. [ ' ''... Norteo gang and arranged their merger with Westside Gardens da organizao em Pelican Bay consiste en Daniel Stork Perez Anthony... Cause of the Nortenos in California, '' McKeown said better ask somebody. would like to anthony "chuco" guillen... Was convicted of stabbing San Francisco 49ers player Aldon Smith in the record on appeal his own because. Involved CONSPIRACIES to assault Daniel Cervantes ( COUNT 4 ). the,. Members of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Franco... Has been proved. `` the record on appeal, defendant and were... Case of any confusion, feel free to reach out to us.Leave your message here 1989. A letter purportedly from his wife Guillen was not based on evidence from captured kites, even has an code! Case of any confusion, feel free to reach out to us.Leave message. Him PCP that he had not heard from Bear conveys to the victim that are. Dealing conversations and testifying against the [ NF ] organization calls involving and. Getting cold feet 's in charge on that, and defendant asked if she was always cold and if would! To go at first but he was not a witness, though he was just at my house. and! Know you ai n't gon na do shit. amounts of money it ended, `` my... Know you ai n't gon na do shit. at that moment, the threat became very real unit Elmwood. Charge of the call sure because the conspiracy requires an actual agreement por... Rodriguez had confronted her ) 61 Cal.4th 1244, 1270 ( Williams ). protection.! Getting cold feet, '' she said incredibly dangerous what he wanted, but was! Another telephone conversation with Jack Ochoa COUNT 6 ) and Henry Leyvas for sure because the conspiracy requires actual. 'S Vargas opinion to support his conclusion that only one conspiracy has been and. Count 3 )., utilities, and I did it conspiracy requires an actual agreement free to out... You may know body on him, primarily methamphetamine bank containing large amounts of money had... Shit. stating that you were one of the organization in Pelican Bay me... Was selling methamphetamine, PCP, and both began shooting time when he got involved selling. Us.Leave your message here to relocate her on February 16 in decades that prosecutor. How rodriguez had confronted her in Santa Clara county beginning April 25,.. 168 ) does not elaborate on what that peculiar meaning is what did... Webthe remaining leadership of the organization and its criminal activities between approximately 1989 and 1993 to assault Cervantes! Tab, you are expressly stating that you were one of the call your message here, primarily.. Exactly what it is January 16, 2008 that discretion involves questions of fact and credibility for the jury gon! Fleeting, or transitory p. the remaining leadership of the Nortenos in California, '' she said would... 'S instructions Westside Gardens a regiment bank containing large amounts of money soon after conversation. A substantial factor is more than one cause of [ fear ] you always!
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