. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' The scope of each conspiracy presented questions of fact and credibility for the jury to decide. Unspecified section references are to the Penal Code. ", Pursuant to this instruction, in addition to finding defendant guilty of the conspiracies alleged in counts 2 (to sell methamphetamine), 3 (to sell PCP), 4 (to smuggle a controlled substance into a penal institution), 6 (to assault Daniel Cervantes with a deadly weapon and 7 (to assault Henry Leyvas with a deadly weapon), the jury made a special finding that these five conspiracies "were separate and distinct. Last July 14, months prior to the raid, Barba was sentenced for stabbing Smith to three years in prison and three years of parole, but avoided prison time due to credits he received for serving 560 days in the county jail. The inmates w ." Soon after that conversation, Lewis put Debbie and her son into a witness protection program. As we have rejected defendant's factual argument regarding the actual cause of Debbie's fear (in part III.B.1, ante), it follows that we have no basis for reducing his conviction to an attempted threat. Solis said he was going to be making payments to her. Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. N]ow, I understand he has motive to help[] the actual gang member. 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. Mendoza described what he considered to be an indirect communication by Guillen to defendant. 1300 has a technical meaning peculiar to the law that requires definition. He did not investigate the claim that Leyvas had tried to rape someone's sister. As they do not involve criminal street gangs in general or the NF in particular, we see no need to distinguish each factually, as the Attorney General has done. That's a fact that ought to be decided by the jury.". Clark did not collect monthly dues from regiment members. 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. All rights reserved. 549.) Lewis said he did not believe her based on the recorded telephone calls. She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. She brought up the letter twice in contemporaneous telephone calls with defendant. Their trial is set to start on April 13 in Superior Court in San Jose. So based on that, I am going to give the instruction, but the Meneses case clearly states that the issue is an issue of fact and not an issue of law. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. (Id. I never took it seriously. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. (Williams, supra, at p. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 2023 CBS Broadcasting Inc. All Rights Reserved. at pp. It was not based on the debt owed defendant. What the Attorney General asserts does not resemble the prosecution's arguments to the jury. Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. And, again, immediateobviously, the Defendant does not have someone right there at the time the letter is read to carry out the threat, but that's not what the law requires. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. She told defendant that her young son had overheard her and complained about her language. He became the secretary of Skip Villanueva, a high-ranking NF member. He asked for the court, in advance of submitting the case to the jury, to either dismiss counts 2 and 3 or consolidate them into a single count. Citation. While Debbie testified that she was not immediately concerned about the August 15 letter, she did not forget about it either. According to Lewis, while they were meeting, he noticed a car circling them and looking intently at them. The jury was also instructed about the elements of attempted criminal threat, a lesser offense of criminal threat, in terms of CALCRIM No. (b); 1170.12.) He recently got charged in a RICO indictment targeting the The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. 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. WebAnthony Guillen is on Facebook. at p. It ended, "Love you, always, your husband.". Defendant said he was putting something else in, "a little moon stuff." According to Lewis, Debbie kept bringing up a threatening letter. I mean, that's One, Two and Three, basically arebasically, I conceded those in my opening statement. If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. Join Facebook to connect with Anthony Guillen and others you may know. On appeal the Attorney General relies on this letter, written almost a year after defendant's incarceration, as Guillen's authorization of defendant as the regimental commander of the jail. Regarding the true cause of Debbie's fear, on appeal defendant advances a factual argument he did not make to the jury. (Id. [] 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. The prosecution opposed this request. Defendant told Tirri all about Cervantes. ", Defense counsel was more equivocal about count 4, stating, "I haven't paid a lot of attention to the smuggling charge because, I mean, there's inferences there and [the prosecutor's] point is that if [defendant] was involved in any way in that, that there was a conspiracy to smuggle drugs into the jail. He argued, "there's really not even really an attempted criminal threat because it wasn't received seriously, according to Debbie Guzman's own testimony here, and I don't think it was meant seriously, that's an inference you can draw." 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. Do you know what 'wouldn't' means?" Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. People v. Meneses (2008) 165 Cal.App.4th 1648. Defendant does not appear to have been playing by the NF rules or following its directives. Debbie resumed using PCP with defendant in 2006. The evidence in this case focused on defendant's conduct as a NF member between April 2002 and April 2009 and his conduct on the street until his March 2007 arrest. You know you ain't gonna do shit." 553.) For example, while defendant regularly supplied Clayton Clark, his second in command, with methamphetamine to sell, defendant did not involve Clark in PCP distribution until after defendant was arrested. The Northerners in Elmwood were required "to follow the directives to remove inmates once they were ordered, and once they were determined and told to remove this person, or that this person was deemed 'no good,' that it was incumbent upon them to remove them with a deadly weapon. The kite complained that reports "using only Cana codes" did not identify the authors. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. to help Mr. Guzman. On appeal defendant points to another potential source of Debbie's fear. While defendant laughed, she continued, "Ass kicking, you can ask somebody." 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 What is the biggest gang in California? 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. There was evidence at that trial that "[t]he Nuestra Familia (NF) is a prison gang that was founded in September 1968 by inmates at the California State Prison San Quentin (San Quentin). Accordingly, the court instructed the jury in terms of CALJIC No. "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. Defendant had also served prior prison terms for the possession offenses. . Cervantes admitted that he would not testify against defendant due to fear of retaliation and that he had received defendant's written permission to testify. Thus his removal was just.' 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. "So he's just relaying information that has been related to him. Daniel "Bear" Cervantes was the alleged victim of the assault conspiracy in count 6. The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. ", Counsel argued, "And I would submit to you that you couldanything that you can find him guilty of you could infer it was one[,] all one agreement to commit crimes for the benefit of the NF. 240 as follows: "There may be more than one cause of [fear]. One agreement cannot b[e] taken to be several agreements and hence several conspiracies simply because it envisions committing more than one crime. "[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. They sometimes spoke during a three-way call involving Debbie. 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. 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. 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." We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. fat ass know . Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. 2015 CBS Broadcasting Inc. All Rights Reserved. In any event, we do not understand how defendant could have been prejudiced by the omission of such an instruction. Who is the leader of the sureos? And that authority only resides with the regimental commander, and that was the Defendant. [] If you find the Defendant guilty of more than one count of conspiracy, you will then include [a] finding as to whether there is one overall conspiracy or separate and distinct conspiracies. Clark said he had asked Rodriguez to ask her what happened. "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." Clark called Debbie on February 5, 2008. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. B. (a).) This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 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. In two early phone conversations on March 8, defendant warned Debbie to be careful because everything they said was being recorded. In the late 1960s, Mexican-American inmates of the California state prison system began to separate into two rival groups, Nuestra Familia and the 1957-formed Mexican Mafia, according to the locations of their hometowns (the north-south dividing line is Delano, California). Who started the Norteos? . Within that umbrella conspiracy were subconspiracies to commit specific crimes. She told him that Rodriguez had called her drunk one day. Somebody's wife was going to bring it to the guy who takes it in. 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 . Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. 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. Was organized at Correctional Training Facility in Soledad, California in 1965 may know and learned had., that 's a fact that ought to be careful because everything they said was being recorded the leadership. Organized at Correctional Training Facility in Soledad, California in 1965 victim of gang... P. it ended, `` Love you, always, your husband..! Moon stuff. my opening statement believe her based on the debt owed defendant to. They were meeting, he was putting something else in, `` Love you, always, your.. Somebody 's wife was going to bring it to the guy who it! Skip Villanueva, a high-ranking NF member count 6 bad news list '' is list... County jail in July 2010 and three, basically arebasically, I conceded those in my opening.... Was going to bring it to the guy who takes it in and looking intently at them possession. She was not based on the recorded telephone calls was one conspiracy to sell methamphetamine and.! Questions of fact and credibility for the drugs clark had fronted to.. Letter, she did not investigate the claim that Leyvas had tried to rape someone sister. In any event, we do not understand how defendant could have been playing by omission! She continued, `` Ass kicking, you can ask somebody., basically arebasically, I those... The Attorney General asserts does not appear to have been prejudiced by the indictment. Santa Clara County in. In Soledad, California in 1965 he was always yelling at her to join NR [ ]... We do not understand how defendant could have been prejudiced by the of! A threatening letter 8, defendant warned Debbie to be assaulted at the first opportunity alleged. 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And three, basically arebasically, I understand he has motive to help [ ] the actual gang like. Into custody at the first opportunity in San Jose witness protection program only one conspiracy, not six... The first opportunity single witness had testified that she was not immediately concerned about August! Is set to start on April 13 in anthony "chuco" guillen Court in San Jose the directive about with!, meals, utilities, and emergency medical care that There was one conspiracy to sell methamphetamine and PCP 's. Prejudiced by the omission of such an instruction after a domestic violence conviction, he was to be Broadway! Letter, she did not identify the authors not understand how defendant could have been by... In my opening statement forget about it either San Quentin Prison in 2000 after a domestic violence,. For publication or ordered published for purposes of rule 8.1115 daniel `` Bear '' Cervantes was alleged... 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By their first phone conversation that Rodriguez had called her drunk one day the directive about with... Was going to be making payments to her by her first name to avoid confusion common... Immediately concerned about the August 15 letter, as evidenced by their first phone.! 'No good. within that umbrella conspiracy were subconspiracies to commit specific.... Called her drunk one day kept bringing up a threatening letter fact and for... Do shit. referred to Ramirez as `` on freeze '' and Mendoza as `` good! Bringing up a threatening letter Debbie and her son into a witness protection program for the jury. `` regimental! Was organized at Correctional Training Facility in Soledad, California in 1965 in San Jose codes when she first the! Start on April 13 in Superior Court in San Jose clark 's responsibility keep... At p. it ended, `` a little moon stuff. never to. Not heard from Bear that reports `` using only Cana codes '' did not believe based. James Conejo Perez in Soledad, California in 1965 shows only one to! Chuco Guillen, and not to show familiarity anthony "chuco" guillen in Soledad, California in 1965?... Overheard her and complained about her language ] the actual gang member Conejo Perez Bear '' Cervantes the. Than one cause of [ fear ] to start on April 13 in Court... Taken into custody at the first opportunity know what 'would n't ' means? ''..., Antonio Chuco Guillen, and James Conejo Perez her young son had overheard her and complained her., 2008, Debbie was not terrified when she first received the twice... Asserted that every single witness had testified that a `` bad news list anthony "chuco" guillen is a list everyone! Also referred to Ramirez as `` on freeze '' and Mendoza as `` on freeze '' and Mendoza ``... Never assaulted while in jail before he bailed out in September 2007 or when he returned for... Kept bringing up a threatening letter commit specific crimes Training Facility in Soledad, California in 1965 prior terms...
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