Ruiz was the NF's authority in charge at the time. Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. At trial she denied appellant's words alone frightened her." He again asked what she was talking about, and she reminded him of the "literally" part of a letter. Based on disarray in Elmood, the kite directed recipients to file reports of rosters and incidents as soon as possible at 4-B, where Ruiz and defendant were housed. in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), The "kite" messages also seized in the raids are documents that law enforcement had not encountered, she said. 1340. When he chuckled, she said "Yeah I do, literally, I mean that. He became a Category III member after his arrest. 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. [Laughs] I started rolling. Moreover, this court did not recognize any prejudice to defendant being charged with one conspiracy instead of multiple conspiracies. You can listen to the evidence on that, and then you can decide." According to Lewis, that meant more people were interested in buying PCP. Code, 11379.5, subd. 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." September 1, 2010 / 9:38 AM / CBS San Francisco. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. Defendant said he was putting something else in, "a little moon stuff." Defendant was similarly the authority for Ruiz's kite identifying Leyvas as a target for removal, even if NF policy allowed the removal of a sex offender without a regimental commander's prior written approval, as defendant suggests. [] There are different degrees of unconditionality. Immediate means the degree of seriousness and imminence which is understood by the victim to attach to the future prospect of the threat being carried out should the condition not be met." After seeing the Ruiz kite, Officer Gillotte determined that "Bear" Cervantes was Danny Cervantes. It's commission monthlies, they call them monthlies on every member of the regiment is to pay $200, and it goes back to the main bank plus the 25 percent." WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 1338.) CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). Lewis said he did not believe her based on the recorded telephone calls. .". Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. For the same reason we will do the same for other individuals, such as defendant's brother Greg. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. She told defendant that her young son had overheard her and complained about her language. According to Mendoza, sex offenders are not automatic gang targets. (a), subds. You should consider all of the applicable evidence and determine this issue. One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' He once said a wife could not testify against her husband. at p. Ruiz wrote that Cervantes' removal "was just" based on a false impression from incident reports from Elmwood that Cervantes had already been removed. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. "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. They have to know exactly what it is. Clark was primarily responsible for the day-to-day operations of the regiment. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). Solis said he was going to be making payments to her. 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. 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. Actual cause is used in its ordinary sense in that instruction. He was brought to the Santa Clara County Jail in August 2007 to face a charge. There was testimony in this case that the NF constitution was revised in about 2005. WebQuin es el lder de los norteos? (Cf. He said, "I'm not going to, that's what I'm not gonna do. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. 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. 553.) (Cf. Gillotte testified that the kite identified its origin as from the "AIC" of "SCCJ MJN 4-B," which stood for Santa Clara County Jail, Main Jail North Unit 4-B. We're not contesting that." That's really what it all comes down to when you're talking about [NF]. Clark began associating with the San Jose Grande (SJG) Norteo gang and arranged their merger with Westside Gardens. "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. He continued to laugh. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. "It's a little bit hard to understand about the PCP . 1671.). Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. Ramirez was arrested on February 20, 2008. (Ibid. . WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. Defendant kept drugs at their house, but they packaged the drugs at his sister Stephanie's house. Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. " " 'There's also a registered sex offender in M-8. Like you said in your letter, I'm like whatever, I mean that." A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. / CBS San Francisco. The remaining leadership of the organization in Defendant and Clark obtained methamphetamine from Jack Ochoa. ." 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 . Defendant had also served prior prison terms for the possession offenses. While all Norteo soldiers and CALCRIM No. . When defendant met with other regiment leaders, Ramirez talked about messages he had received from the NF leadership in Pelican Bay State Prison saying defendant had not been communicating with them and "hasn't paid his dues . (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. [13] Mientras que los miembros de la pandilla los Norteos son considerados soldados de a pie de Nuestra Familia, el ser miembro de Nuestra Familia no significa que tenga asociacin con los Norteos. . 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. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. While all Norteo soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains Defendant was "the overall authority in the county jail as the regimental commander . 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. Sammy Ramirez testified that every member in his regiment had to pay $200 a month whether Ramirez provided them with drugs or not. 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 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 . The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. Viramontes turned toward the open garage and tried to run into his home. On February 27, Cervantes was placed in protective custody. 554.) 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. What the Attorney General asserts does not resemble the prosecution's arguments to 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." He's not authorized to make those kinds of decisions himself." The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. The next rung of leaders in Pelican Bay includes Daniel Stork Perez of Salinas; Anthony Chuco Guillen of San Jose, who was involved in the murder of a [']If you leave me[,] I will kill you. (Id. Defendant initially called Debbie. They are all considered enemies of the gang. In case of any confusion, feel free to reach out to us.Leave your message here. 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." The gang's incarcerated leaders order the state's Norteno members to commit violent street crimes, from murders to assaults, robberies, burglaries, illegal drug sales and witness intimidation using kites at times smuggled in the rectums of gangsters who violate their parole in order to gain temporary entry to county jail, she said. The court recognized Livingston as an expert in the area of Hispanic gangs, including NF. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. ." The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and ( 186.22, subd. 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