anthony "chuco" guillen

Other evidence that defendant had engaged in multiple drug sales conspiracies was that defendant had at least two different individuals as sources of methamphetamine and PCP, and he provided those drugs to different individuals. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. "[B]oth Ruiz and Cervantes testified at the trial, and in light of their testimony the prosecution's position was not tenable, because the information on which it was based was shown to be incorrect." ' " [Citations.]' In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. 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. 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." [']" Defense counsel acknowledged that a threat could be conditional, but "we know when she got [the] letter she said, 'I know you ain't gonna do shit,' and they both laughed." He worked under defendant when they were both in 4-B3. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. Mendoza said the purpose of his regiment in 2003 and 2004 was "making money for the NF" primarily by selling methamphetamine. It means you are in bad standing with the organization. During a recorded call on December 14, 2007, before Debbie agreed to cooperate with law enforcement, she asked defendant if he remembered his friend "Bear," for whom he had done tattoos. 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. 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. Cervantes testified for the defense that he was a Northerner who had known defendant for over 25 years. 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. According to Mendoza, that obligation existed for all regiments throughout Northern California. Count 7 alleged that defendant and Frank Ruiz conspired with others between January 22 and October 27, 2008 to assault Henry Leyvas, while count 6 alleged that defendant, Ruiz, and another individual conspired with others between May 1, 2008 and April 23, 2009 to assault Daniel Cervantes. However, this court rejected Vargas's contention, stating, "Assuming that more conspiracy counts could have been charged under the facts, the decision to charge defendant with only one conspiracy count was a prosecutorial charging discretion that we do not review. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. 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. Their paperwork should be reviewed. "It's incredibly dangerous what he did and he is in great danger," McKeown said. [Citation.] His son Danny and Stephanie helped. . Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." Debbie said that defendant was eager to get the money. . (Ibid. 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." Even if each gang member had uniformly testified that the gang controlled all his thoughts and actions and those of other NF members, the jury would not have been required to believe them. According to Sergeant Lewis, Officer Gillotte, John Mendoza, Sammy Ramirez, and Vince Tirri, "only the regimental commander has the authority to order removals in the county jail, and they must conduct an investigation before that order is given." Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. ." As this court has said before, "a conspiracy can have multiple criminal objectives." Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. Defendant does not appear to have been playing by the NF rules or following its directives. The inmates w at p. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. A more significant factual difference is that Vargas described an organization in which NF members on the street made regular contributions to the NF bank. 1337.) (Santa Clara County Super. The kite also stated, " 'Also concerning Bear Cervantes. Lewis said he did not believe her based on the recorded telephone calls. The prosecution responded that some former codefendants just sold methamphetamine, while others just sold PCP, and yet others sold both, so there was evidence of different conspiracies and separate and distinct violations of different statutes. Debbie said she would tell Ochoa to call. It was seized during the search of her residence but not identified until a day or two later. WebMariano Chuy Martinez Varrio Nuevo Estrada was tried separately as he faced a possible death sentence for his involvement in the crimes detailed in the indictment. Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. A NR member who was the second in command would not have the authority to deem someone no good. I'm going to have to stay gone. When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." (Ibid.). Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." He's to be dealt with ASAP.' 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." 553.) The issues were brought before the jury. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. 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. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' 1960s: Origen de la pandilla Dieciocho. Removals were always at the direction of gang superiors. [] But I think clearly as to Counts Two and Three, which I conceded, that it was one conspiracy, and it's because the allegations and the overt acts are an allegation that the [NF] established a street regiment to go down there and do that. . Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. ." (a).) . He was on parole when they met. 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. 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. She said she told Rodriguez she had to report to defendant, not to him. They've done it since the 60s.". at p. It's a fact. All rights reserved. . In contrast, being put "on freeze" means the gang was looking into your gang credentials. 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. 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. ", We consider Vargas, supra, 91 Cal.App.4th 506 to have been a unique case factually where the prosecution's evidence of one overall conspiracy was apparently so compelling that no reasonable juror could have found the existence of more than one conspiracy. That was "the genesis of that letter." ( 186.22, subd. Who is the original Crip? Apellido Apellido Primer Segundo Nmero de la. Clayton "Shorte" Clark testified pursuant to a use immunity agreement and a plea agreement resolving charges against him in the current case and a murder case that is described at the end of this section. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. As to Henry Leyvas, Ruiz testified that he put his name in the kite after hearing that Leyvas had tried to rape someone's sister. Debbie resumed using PCP with defendant in 2006. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). Also, Debbie was not terrified when she first received the letter, as evidenced by their first phone conversation. [] There are different degrees of unconditionality. In evidence were eight recorded calls involving defendant and Clark between March 16 and July 2, 2007. People v. Johnson (2013) 57 Cal.4th 250, 266.) at pp. Interact directly with CaseMine users looking for advocates in your area of specialization. VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). He received two ounces of PCP from Mario Cisneros every seven to 10 days. WebAntonio Cojuangco (born in 1951) is a Filipino Businessman from Manila, Philippines. While he was in prison, he was involved in removals, which usually involved one inmate slashing the face of a gang enemy, after which "the bombers step in with two people who physically assault the individual so the person that was slicing them can get away." Tirri was arrested in October 2006. Appellate counsel for both sides make some factual arguments not presented to the jury. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. Defendant initially called Debbie. (Police Booking Photo), VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS, Public File for KBCW-TV / KBCW 44 Cable 12. As we have explained above, defendant did not acknowledge to the jury that his letter caused her any fear at all. . She told him, "if you fucking write that ho back your fucking dick will be up your ass." 519.) " (Id. (Williams, supra, at p. [] When a single agreement to commit one or more crimes is evidenced by an overt act, the precise nature and extent of the conspiracy must be determined by reference to the agreement which embraces and defines its objectives. Her cooperation with law enforcement against defendant and members of his regiment would amount to doing him wrong. Any NF member can put someone on the bad news list. Droopy told Cindy that Kelly would be calling her the next day. In 1992 and 1993 she was convicted and imprisoned for possession of PCP. He became a Category III member after his arrest. Defendant taught Debbie how to package methamphetamine and PCP for sale. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. 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. ( 667, subd. ", D. CONSPIRACIES TO ASSAULT DANIEL CERVANTES (COUNT 6) AND HENRY LEYVAS (COUNT 7). 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. Before his incarceration in 2007, he sold methamphetamine and PCP. In later phone calls Debbie asked Rodriguez to put her in contact with Clark, who was in Mexico. "Frank Ruiz said, ['] well, I was running this as the overall authority. "It's a little bit hard to understand about the PCP . As they lived together, she learned of his gang involvement. with that brown ride." . [']" Mendoza testified that people break gang rules all the time. (People v. Mendoza (1997) 59 Cal.App.4th 1333, 1339 (Mendoza). (Id. at p. Furthermore, he is chairperson at . Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. Most sexual offenders are placed in protective custody on a case-by-case basis. It is up to the conspirators to establish the primary goal or goals of the conspiracy. 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. Norteos. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. Rodriguez backed off a little, according to Lewis, who had listened to a recording of the call. [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. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." That's really what it all comes down to when you're talking about [NF]. ", 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." Code, 11379.5, subd. Solis said he was going to be making payments to her. (a).) Documento de Documento de. As the prosecutor argued to the jury, that second phone conversation amounts to substantial evidence that defendant intended his wife to take his letter as a threat. Another kite threatened someone to do a "removal," a term for murder, saying, "You are to conduct a removal within two or three weeks and if you don't, you will face violence," she said. [] 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. Lewis told her to stay in a hotel overnight. Defendant said to "let . Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. He was a year or two younger. . The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) He did not want to go at first but he was placed in protective custody. Tirri learned that defendant was the regimental commander of the jail. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. (Id. Sureo and white gangs also assault sex offenders. However, he testified that "it's all about money. Copyright 2015 by CBS San Francisco and Bay City News Service. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Frank Ruiz was housed in 4-B3 from July 11, 2007 through July 22, 2009. Viramontes turned toward the open garage and tried to run into his home. Leslie had said she would collect it for him. Enhance your digital presence and reach by creating a Casemine profile. * Enter a valid Journal (must Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. (Vargas, supra, 91 Cal.App.4th at p. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. Thus his removal was just.' (a)(1)) and ammunition (count 2; 12316, subd. A person's intent must often be inferred from circumstantial evidence. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. At the time, defendant and Gutierrez were housed together in 2nd East Max. 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. At trial Debbie could not remember "Bear's" real name. Ruiz testified that he pleaded guilty to conspiring to assault Leyvas with a deadly weapon because he wrote the kite and ordered it. .". Williams determined that when separate conspiracies are not alleged, though conspiracy is a theory of culpability, the jury need not be instructed to agree on whether there was a single or multiple conspiracies. One objective of the NF is " 'to build the organization on the outside, become self-supporting, work with those in alliance, any and all illegal ventures to build the funds that can be utilized to take care of members behind the walls or drug deals on the streets.' According to Sergeant Lewis, a kite is a communication between inmates in microwriting. La Eme ainda est activa? ( 667.5, subd. That day Debbie went to the office of the investigators and agreed to cooperate. The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. 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. What is the biggest gang in California? Shortly after they met again he moved in with her. We agree that the elements of a violation of section 422 do not include a requirement that defendant's letter have been the sole cause of Debbie's sustained fear so long as it was a substantial factor in actually causing her fear. (Vargas, supra, 91 Cal.App.4th at p. Unspecified section references are to the Penal Code. It was for the jury "to decide, when she got this letter, it was something that put her in sustained fear as opposed to something else that happened later . It would be against protocol to delegate that authority. There was no evidence of a reciprocal communication from defendant to Guillen. November 26, Somebody's wife was going to bring it to the guy who takes it in. Defendant encouraged her to be more independent because he was not able to be there for her. 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. 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. The record citations do not support this contention. She had told him that he could believe what he wanted, but it wasn't true. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. Anthony One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?'

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anthony "chuco" guillen