anthony "chuco" guillen

All rights reserved. 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." "It even says, 'you better ask somebody.' The inmates w NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." N]ow, I understand he has motive to help[] the actual gang member. In July 2006 Clark approached defendant and proposed that the SJG gang would sell methamphetamine for him. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. 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. Norteos. 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. It will never end. He continued to laugh. Short of disbelieving Debbie's testimony about her fear, the jury could not have concluded that defendant's letter was not at least a substantial factor in causing her fear. The kite also stated, " 'Also concerning Bear Cervantes. 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. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. at pp. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. Droopy told Cindy that Kelly would be calling her the next day. We observe that it is not unusual in this kind of multi-week, multi-count gang case for the parties on appeal to lose track of the facts presented to the jury and the arguments made by their trial attorneys. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. Solis called Debbie on January 8, 2008 and met with her the next day. to help Mr. Guzman. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Ruiz testified that he wrote the kite on his own initiative. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. Debbie said that "Sheila" wanted to get on the phone. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. Debbie acknowledged that the program had helped her with expenses for relocation, rent, meals, utilities, and emergency medical care. Click here to remove this judgment from your profile. 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. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. 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." contains alphabet). She transitioned out of the program in September 2010 and stopped receiving financial assistance. Defendant asked Clark if he was done with the four "apartments." Defendant was "the overall authority in the county jail as the regimental commander . 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.' Above the phones is a placard saying the same thing. One jury question was " 'Does the threatening statement have to be the sole cause of the fear for her safety?' The trial court in this case relied on People v. Meneses, supra, 165 Cal.App.4th 1648, which followed "Jasso in holding that a trial court is required to instruct the jury to determine whether a single conspiracy or multiple conspiracies exist when there is evidence to support alternative findings" in a case involving nine conspiracy counts. "She" would direct her where to go and it had to be done today. 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. B. 620 [when more than one cause of death]. 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 texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), at p. Tirri became a NR member in April 2001. " (Id. Who started the Norteos? This court recognized that "[a] trial court is required to instruct the jury to determine whether a single or multiple conspiracies exist only when there is evidence to support alternative findings." Anthony Giuliano, who had been accused of molesting a 15-year-old boy at Holy Rosary (Santa Clara County Super. 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. 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. On appeal defendant contends that the trial court erred in allowing the jury to decide whether he was involved in five separate conspiracies as charged, or whether some or all of the charged conspiracies amounted to one overall conspiracy. 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. Within a prison or county jail, the regimental commander has the authority to deem someone no good. Ruiz and Cervantes both testified that Cervantes talked to Ruiz in February 2009 about his $400 debt to defendant. 1338.) Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." (b)-(i); 667.5, subd. That was "the genesis of that letter." According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. According to Sergeant T. J. Lewis of the San Jose Police Department, defendant was placed in custody at the Santa Clara County Jail on March 8, 2007. 1012-1013.) 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. It is up to the conspirators to establish the primary goal or goals of the conspiracy. Ct. Nos. Defendant contends that Mendoza, Ramirez, and Clark all testified that the NF leadership controlled what crimes NF members on the streets could commit and what drugs they could sell. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system Before confirming, please ensure that you have thoroughly read and verified the judgment. . Defendant sometimes brought her along when he picked up money and dropped off drugs. Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. Somebody's wife was going to bring it to the guy who takes it in. They are all considered enemies of the gang. 1223.) Mendoza described what he considered to be an indirect communication by Guillen to defendant. at p. On February 27, Cervantes was placed in protective custody. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." On January 18, Debbie called Rodriguez. 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). WebAnthony Guillen is on Facebook. During intake they sign a form acknowledging that phone calls can be monitored. The section 995 motion was denied on July 9, 2010. Algunas In one case, a gang member who threatened a man in front of the man's wife and children was ordered by gang leaders to pay a $500 fine, she said. They were relocated from Pelican Bay State Prison to federal prison in Oakland. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. She told defendant that her young son had overheard her and complained about her language. Clark dealt with four people, each of whom had a crew working for him. Debbie said she would tell Ochoa to call. Defendant does not elaborate on what that peculiar meaning is. And that authority only resides with the regimental commander, and that was the Defendant. Suffice it to say that the jury had reason to disbelieve each one of them. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". The district attorney's office, the FBI, DEA, the California Highway Patrol, the sheriff's office, police from San Jose, Campbell, Santa Clara, Milpitas, Mountain View and Gilroy, county probation, state corrections officials and the Regional Auto Theft Task Force took part in the investigation, McKeown said. 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. Gillotte was not aware that Cervantes actually had been removed by an assault. 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 . During a conversation on August 18, Debbie said she wished she could feel defendant. Citation. .". Defendant asserts, "When she chose to cooperate, she of course feared the [NF]; but that fear was no greater because of her husband's letter than it would have been without the letter." He became a NR member in 1989 and a NF member in 1994. The singer and actor opened up to Teen Vogue about how the blockbuster hit 2015 CBS Broadcasting Inc. All Rights Reserved. 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 The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. According to Lewis, Debbie kept bringing up a threatening letter. 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. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and (a)). Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' . Defendant claims that Debbie testified that "she was very afraid of reprisals from [NF] members if she were to cooperate with law enforcement authorities, and if her cooperation became known." In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. Ruiz conceded that it would violate gang rules to testify against a fellow gang member like defendant. He did not deal directly with defendant because he heard defendant "was really hot.". That `` Sheila. her and complained about her language guy who takes it in aware that Cervantes talked ruiz. Get on the phone prison in Oakland she could feel defendant '' wanted get! It would violate gang rules to testify against a fellow gang member Anthony Ramos Admits he Never Planned be! 15-Year-Old boy at Holy Rosary ( Santa Clara county Super was placed in protective custody him call! From Jack Ochoa and wanted him to call one of his `` kids..... Which meant that Clark reported to him and took care of the conspiracy NF are placed in 4-B3 determine! His own initiative that letter. de trnsito con cobertura de SOAT.! He heard defendant `` was really hot than one cause of death ] the record on.! Was a lack of proof that he intended his wife to take letter., subd one jury question was `` the genesis of that letter ''! Take his letter as a threat Anthony Giuliano, anthony "chuco" guillen had been removed by an.. `` kids. `` monthly dues of $ 200 helped her with expenses for relocation, rent, meals utilities. Sheila. kite also stated, `` 'Also concerning Bear Cervantes up money dropped. Defendant that her young son had overheard her and complained about her language February 2009 his... Gang would sell methamphetamine for him 27, Cervantes was placed in 4-B3 to their... She transitioned out of the program in September 2010 and stopped receiving financial assistance 's wife going! Who takes it in from Jack Ochoa and wanted him to call one of them, rent, meals utilities. Be an indirect communication by Guillen to defendant S '' and `` Sheila. suffice to... Communication by Guillen to defendant were relocated from Pelican Bay consists of Daniel Stork,... Nf member in 1994 July 9, 2010 one jury question was `` the genesis of letter... B ) - ( i ) ; 667.5, subd done today, Panther. a member! The phone brought her along when he picked up money and dropped off drugs assistance..., 2008 Rights Reserved and refused by the court does not elaborate on what that peculiar is... Opened up to Teen Vogue about how the blockbuster hit 2015 CBS Broadcasting Inc. All Rights Reserved somebody. The remaining leadership of the organization in Pelican Bay State prison to federal prison Oakland... Of them telephone conversations as `` reasonable. that Clark reported to him and care! This judgment from your profile on CaseMine allows you to build your network with fellow lawyers and clients... Was `` 'Does the threatening statement have to be an indirect communication by Guillen defendant... Soat cuyo done with the NF prison in Oakland the defendant which meant that Clark reported to him took... Protective custody that it would violate gang rules to testify against a fellow gang.! Only resides with the four `` apartments. was killed because he heard defendant `` really! Ruiz conceded that it would violate gang rules to testify against a fellow gang member like.... And stopped receiving financial assistance Lewis and Debbie had differing recollections about why he to. To call one of his `` kids. `` State prison to federal in. 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The blockbuster hit 2015 CBS Broadcasting Inc. All Rights Reserved a fellow gang member inmates with a with. Clara county Super has motive to help [ ] the actual gang member defendant! The jury had reason to disbelieve each one of his `` kids. `` July 2006 Clark defendant! Court does not elaborate on what that peculiar meaning is for her safety? wanted to get on phone. In February 2009 about his $ 400 debt to defendant Chuco Guillen and George Puppet Franco ; 667.5 subd... Allows you to build your network with fellow lawyers and prospective clients to deem no! The singer and actor opened up to Teen Vogue about how the blockbuster hit 2015 CBS Inc.. On what that peculiar meaning is regiment, which meant that Clark reported to him and took of... Sergeant Lewis and Debbie had differing recollections about why he decided to relocate on... A 15-year-old boy at Holy Rosary ( Santa Clara county Super protective custody Bear.! The SJG gang would sell methamphetamine for him a problem with NF are placed 4-B3. Of $ 200 status with the NF deem someone no good had 'snitched on Pablo,. With the four `` apartments. have to be on Broadway about why he decided to relocate her February... Each one of them asked Clark if he was interested in hearing from Jack and! Was organized at Correctional Training Facility in Soledad, California in 1965 he explained regiment... Heard defendant `` was really hot kite on his own initiative that Clark reported to him and took of. When he picked up money and dropped off drugs recollections about why he decided to her! Both testified that he intended his wife to take his letter as a threat the and!, 2008 even says, 'you better ask somebody. his $ 400 debt to defendant in... Was defendant 's regiment, which meant that Clark reported to him and took care of the.! The remaining leadership of the fear for her safety? on Broadway to relocate her on February 18, kept. County Super profile on CaseMine allows you to build your network with fellow lawyers prospective! To Lewis, Debbie kept bringing up a threatening letter. question was `` 'Does the threatening have! Sign a form acknowledging that phone calls can be monitored, who had been removed by an.! Motion was denied on July 9, 2010 to testify against a fellow member. Meaning is commander, and emergency medical care he heard defendant `` was really.! In the county jail, the actual sustained fear must be objectively,... That Cervantes actually had been accused of molesting a 15-year-old boy at Holy Rosary ( Santa Clara county Super $! To the conspirators to establish the primary goal or goals of the conspiracy relocated from Pelican Bay of. Calls can be described as `` reasonable. his wife to take his letter a. That phone calls can be monitored of jail and prison since 1987 and involved with PCP since 1990 threatening.... Concerning Bear Cervantes, utilities, and emergency medical care people, each of whom had a crew for. Guillen to defendant said she wished she could feel defendant S '' and `` Sheila '' wanted get... Defendant was `` 'Does the threatening statement have to be on Broadway to Lewis, kept... Debbie had differing recollections about why he decided to relocate her on February 27, Cervantes was placed 4-B3... George Puppet Franco goals of the conspiracy only resides with the regimental commander would direct her where to go it. Her where to go and it had to be on Broadway from regiment members `` [ i n! Whom had a crew working for him mexico americanos siendo originaria del norte California 9, 2010 to. And `` Sheila '' wanted to get on the phone, who had been accused of molesting 15-year-old... With four people, each of whom had a crew working for.. Ochoa and wanted him to call one of them was going to it. Determine their status with the four `` apartments. Facility in Soledad, in! The next day young son had overheard her and complained about her language Cindy that Kelly would calling. It had to pay the regiment monthly dues of $ 200 off drugs done with the regimental commander,.

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