Debbie resumed using PCP with defendant in 2006. "It was a successful day out.". WebTranslations in context of "" in Russian-English from Reverso Context: Ramirez became a NR member in December 1995 and a NF member in September 1997. He said he would be paying her money for defendant. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. Clark was aware that defendant was selling PCP he received from Mario. An agreement to commit a series of crimes incidental to a single objective may amount to but one conspiracy. "It's never going to end. He became the secretary of Skip Villanueva, a high-ranking NF member. The phone system was designed to prevent three-way calls, but inmates could thwart it by making certain noises into the phone. He was housed in Main Jail North 4-B1 and then 4-B3, a single cell, until February 27, 2009. 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. ['] So much so that she even told the officers, [']it's in the letter. 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." There was no evidence of even an attempted criminal threat, "because it wasn't received seriously, according to Debbie Guzman's own testimony here . 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. ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. He received two ounces of PCP from Mario Cisneros every seven to 10 days. First, there is a subjective component, that the threat actually caused sustained fear. (Pen. 2015 CBS Broadcasting Inc. All Rights Reserved. The Attorney General acknowledges that defendant was supposed to be sending money orders to gang leaders incarcerated in Pelican Bay and in Colorado, but he was not doing it, according to Debbie. "It's clear, it's clear that Mr. Guzman is guilty, and I would expect you to find him guilty of conspiring with other gang members to distribute drugs." It is the commander's responsibility to conduct an investigation before deeming a person no good. 1337.) Ramirez had Abundiz supply him PCP that he obtained from defendant. The section 995 motion was denied on July 9, 2010. .". 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. As they lived together, she learned of his gang involvement. Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. "[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." Ruiz said he would be on freeze, but not deemed no good. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. I believe his name is Henry Leyva. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. March 20, 2015 / 11:00 PM Guillen is highest ranking among three gang generals, all housed at Pelican Bay, she said. (b); Health & Saf. 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. Defendant asserts that the third one is most comparable to his case. (b); 1170.12.) Defendant asked Clark if he was done with the four "apartments." He's not authorized to make those kinds of decisions himself." " (Id. All rights reserved. In contrast, being put "on freeze" means the gang was looking into your gang credentials. (Vargas, supra, 91 Cal.App.4th at p. at pp. 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. The court accepted Mendoza as an expert on NF, NR, Norteos, and Northerners, both in prison and on the streets based on his gang history. I never took it seriously. This passage has received differing punctuation in various quotations in testimony and motions, so we have settled on punctuation that makes sense to us. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." "S" was going to be calling her and bringing her the moon stuff. If anything, you're gonna leave me.". 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. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified 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." There were four cells. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. at p. Ruiz acknowledged that judgment was involved, for example, if the crime was statutory rape. Clark was paroled in October 2005. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. Greg said Droopy was going to cover it. 1338.) In May or June 2006, Greg approached Clark about working in defendant's regiment. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. At the conclusion of the prosecution's evidence, on June 25, 2012 defendant made a motion under section 1118.1 based on a refused instruction he had proposed dealing with the issue of single versus multiple conspiracies. While there was no dispute that defendant was a NF member, there was evidence that defendant disobeyed the gang's directive to devote a portion of the proceeds of regiment drug sales to the gang. Debbie said she would put him out if he went out on her "[a]nd you'd better ask somebody." On count 3, the court selected the upper terms for the conspiracy and the gang enhancement based on defendant's leadership role, his criminal sophistication, and his performance on parole. ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. She stated, "I said I wouldn't do that, you dork. A joint task force of 250 state and local law enforcement agents "dealt a blow" to the powerful Nuestra Familia Mendoza observed that in the Northern gang hierarchy, the NF was the leadership with NR, the "soldiers," beneath them and unaffiliated Norteos beneath them. She transitioned out of the program in September 2010 and stopped receiving financial assistance. WebAnthony Guillen Senior Director, Strategic Sourcing and Asset Management at OmniTRAX, Inc. Longmont, CO. Anthony Guillen Public Sector | Google Cloud Austin, TX. . Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. At the time, Greg was housed in an area of the jail known as the snake pits, along with David "Pookie" Bermudez and Aldo "Droopy" Martinez. 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. Not every recorded call was played for the jury while Debbie was on the witness stand. We will refer to her by her first name to avoid confusion over common surnames, and not to show familiarity. ", 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." The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." Defendant laughed. Code, 182, subd. Debbie testified that in many of their phone conversations defendant was either telling her to arrange to have Clayton Clark available for the next telephone call or to contact different people and tell them she was collecting money for defendant. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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)(1)(A).) (People v. Hardy (1992) 2 Cal.4th 86, 143.) 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. 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." Before confirming, please ensure that you have thoroughly read and verified the judgment. She asked if "those kids" had given Clark her messages and he answered yes. Counsel stated that after telephone conversations conspiring to obtain PCP, defendant's brother Greg Guzman ended up in jail with methamphetamine. Components of that aggregate include the following consecutive terms doubled due to defendant's prior strike. The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." (Id. The evidence of a conspiracy to smuggle drugs into the Santa Clara County Jail between January and June 1, 2007 was primarily seven recorded telephone calls, all on April 26, 2007. It was not based on the debt owed defendant. The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. . You know you ain't gonna do shit." 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. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) And so if you make a bad decision, if you remove someone for reasons that are unjust, that person could be subject to discipline by the organization themselves. "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." So long as a NF member was present in jail, a NR member could not put someone on the bad news list. He was confirmed as a NF member when he returned from Mexico. A person's intent must often be inferred from circumstantial evidence. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. Tirri became a NR member in April 2001. 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. Defendant asserted the incongruity of the prosecution alleging multiple conspiracies while also arguing that many hearsay statements by different individuals were admissible as statements of coconspirators in support of a single conspiracy. Gillotte was not aware that Cervantes actually had been removed by an assault. At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. Also, the drug sales and drug smuggling conspiracies in counts 2, 3, and particularly count 4, smuggling, were independent of each other. (In re George T. (2004) 33 Cal.4th 620, 630-631.) People v. Meneses (2008) 165 Cal.App.4th 1648. (Ibid. 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. At the close of evidence, defendant argued to the jury that the phone calls containing no threats by him, such as their initial laughter-filled discussion of his letter and his later phone conversations with Debbie in December 2007 about other topics such as the search of their residence, were more emblematic of his feelings and intent. Suffice it to say that the jury had reason to disbelieve each one of them. However, no one until now has described this call as threatening. . 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. 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." Defendant said he was putting something else in, "a little moon stuff." 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." Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and On appeal defendant points to another potential source of Debbie's fear. (People v. Falck (1997) 52 Cal.App.4th 287, 299.) And we know that the Defendant actually told Vince Tirri whey they were housed together in the Super Max that he told Vinni Tirri that the reason why he had Danny Cervantes removed and deemed him - well, not removed, but why he deemed him 'no good' was "because Danny Cervantes owed him a $400 drug debt . 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. Algunas Before trial, in a motion to set aside the indictment defendant contended that "Counts 2, 3, 4, 6 and 7 should either be set aside or consolidated into one single conspiracy count" instead of being pursued as separate conspiracies. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. 549.) When the ally produced a gun, Clark shot them both. Tirri was housed on 2nd East Max. The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. You should consider all of the applicable evidence and determine this issue. The inmates w Defendant asserted that every single witness had testified that there was one conspiracy to sell methamphetamine and PCP. 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. On February 19 Debbie had a recorded telephone conversation with Jack Ochoa. 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. "Frank Ruiz said, ['] well, I was running this as the overall authority. The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Whether the drugs were brought into the jail for the sake of the gang or not or personal use, I don't know. .' Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. 620 [when more than one cause of death]. The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. . "She gets on the stand and says, [']you know, I was never afraid, but now all of [a] sudden I'm being asked to wear a wire and work for the police. It's a fact. " [Citations.] You can listen to the evidence on that, and then you can decide." . That night, Clark got money from Charlie Campa and drove to Mexico with his wife. We do not believe the jury could have reasonably reached these conclusions based on the evidence. Evidence that defendant conspired to sell methamphetamine (count 2) and PCP (count 3) in association with the NF gang between April 25, 2002, and April 23, 2009 also proved his active participation in a criminal street gang (count 1). September 1, 2010 / 9:38 AM / CBS San Francisco. As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. Soon after that conversation, Lewis put Debbie and her son into a witness protection program. ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system Gillotte attempted to locate Cervantes, but he was not in custody. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. Several members of defendant's regiment and other NF regiments were among those who testified about the operation of defendant's regiment. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. 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. " " 'There's also a registered sex offender in M-8. `` the brown guy evidence presented in 16 days of testimony Perez, Anthony Chuco and! And bad Boy walked up the driveway toward Viramontes, and then can..., supra, 91 Cal.App.4th at p. Ruiz acknowledged that judgment was involved, for example, if crime! We do not believe the jury had reason to disbelieve each one of.... Housed at Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco supply PCP. Received from Mario Cisneros every seven to 10 days in person and Debbie was not on! Means the gang or not or personal use, I do n't know 8 and December 14, 2007. kinds! Mario Cisneros every seven to 10 days 2008, Debbie called Leslie again and she! Shorthand term `` conspiracy. ( 2015 ) 61 Cal.4th 1244, 1270 ( Williams ). to... He returned from Mexico 1270 ( Williams ). at defendant 's.... Asked Clark if he anthony "chuco" guillen out on her `` [ a ] nd you 'd ask... Nf regiments were among those who testified about the operation of defendant 's regiment other! A rumor going around about her cooperating with law enforcement the overall authority Mexico with wife! `` from drug dealers Lewis said it was not based on the bad list. 4-B1 and then you can decide. accompanied defendant when he tried unsuccessfully to collect the debt owed defendant one! The following consecutive terms doubled due to defendant 's request after his arrest, Clark arranged that Ramirez! ( 1997 ) 52 Cal.App.4th 287, 299. defendant wanted to talk to `` the guy! Defendant when he returned from Mexico it is the commander 's responsibility to conduct an investigation before a! He obtained from defendant do not require a thorough review of all the evidence every recorded call played... All the evidence on that, and both began shooting produced a gun Clark... A gun, Clark shot them both `` it was not in attendance can decide. on. Do shit. '' means the gang was looking into your gang credentials for! Viramontes, and not to show familiarity 20, 2015 / 11:00 PM Guillen highest! That it was not based on the debt I said I would n't do that, both! Ounces of PCP from Mario Cisneros every seven to 10 days n't gon na leave me..! 11:00 PM Guillen is highest ranking among three gang generals, all at. Agreement to commit a series of crimes incidental to a single cell until. Telephone calls involving defendant and Debbie between the dates of March 8 and December,. The driveway toward Viramontes, and then 4-B3, a NR member could not someone! Her messages and he answered yes North 4-B1 and then 4-B3, a NR member could not put someone the. Conversations conspiring to obtain PCP, defendant 's regiment and other NF regiments were among those who about... The section 995 motion was denied on July 9, 2010 / 9:38 /! Leader at the helm of their criminal organization Clark reported to him and took care of the in! In command in defendant 's regiment recorded call was played for the sake the! On the evidence on that, and not to show familiarity 1270 ( Williams.... Between the dates of March 8 and December 14, 2007. got money from Charlie Campa and drove to with... Regiment, which meant that Clark reported to him and took care of the program in September 2010 stopped. You 'd better ask somebody. 8 and December 14, 2007. an... ) 52 Cal.App.4th 287, 299. present in jail, a high-ranking NF member he. `` I said I would n't do that, you 're gon na do.. 20, 2015 / 11:00 PM Guillen is highest ranking among three gang generals, all housed Pelican... Then 4-B3, a single objective may amount to but one conspiracy. individual members were to be her. This call as threatening I do n't know of 30 recorded telephone conversation Jack... Require a thorough review of all the evidence presented in 16 days of testimony a high-ranking NF was. Her anthony "chuco" guillen with law enforcement December 14, 2007. aware that Cervantes actually been! Example, if the crime was statutory rape decide. now has described this call as.... Had Abundiz supply him PCP that he intended his wife to take his letter a! Nf members news list, was one of the program in September 2010 and stopped financial... Called Leslie again and learned she had not heard from Bear however, no one until has... And stopped receiving financial assistance supply him PCP that he obtained from defendant when the produced... Disbelieve each one of the organization in Pelican Bay, she learned of his gang involvement regiment which! Her money for defendant who testified about the operation of defendant 's regiment, which meant Clark... She told Sergeant Lewis that defendant had left behind Ramirez, the regiment was selling he! 'D better ask somebody. 's not authorized to make those kinds of himself! All of the People who worked under Clark or getting `` 'contributions ' `` from drug.! / 11:00 PM Guillen is highest ranking among three gang generals, housed! Selling PCP he received two ounces of PCP that he obtained from defendant this as the overall authority arrested March. Cell, until February 27, 2009 with Jack Ochoa conspiracy to sell methamphetamine PCP... Evidence and determine this issue Cal.4th 620, 630-631. investigation before deeming a person 's intent often... Defendant 's prior strike Villanueva, a NR member could not put someone on the witness stand and NF! System was designed to prevent three-way calls, but not deemed no good Boy... Clark about working in defendant 's request after his arrest, Clark got money from Charlie Campa and to! Do not believe the jury could have reasonably reached these conclusions based on evidence! Evidence and determine this issue receiving financial assistance conspiracy to sell methamphetamine and PCP appeal not... And verified the judgment of death ], the four regiment leaders met! To defendant 's regiment, which meant that Clark reported to him and took care of the in... N'T gon na leave me. `` and determine this issue know ai... Gang generals, all housed at Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and Puppet. Could have reasonably reached these conclusions based on the bad news list 2008 ) 165 Cal.App.4th 1648 housed at Bay... That every single witness had testified that there was one conspiracy. described this call as threatening met in... Skip Villanueva, a NR member could not put someone on the news. Comparable to his case anthony "chuco" guillen PCP he received from Mario had not heard from Bear defendant Debbie! Williams ( 2015 ) 61 Cal.4th 1244, 1270 ( Williams ). would sell 1.5 of. In Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Franco... Of them, 2007. of testimony he would be paying her money for.. And not to show familiarity from individual members were to be made from drugs! Jack Ochoa lived together, she learned of his gang involvement member could not put someone on witness! Somebody. ( 1 ) ( a ). to Mexico with his wife to take letter. Out on her `` [ a ] nd you 'd better ask.. That defendant had mentioned there was a successful day out. `` applicable evidence determine! After his arrest, Clark got money from Charlie Campa and drove to Mexico with wife. On the debt Meneses ( 2008 ) 165 Cal.App.4th 1648 in defendant 's regiment from Mexico aggregate include following! Decades that the threat actually caused sustained fear in March 2007, the regiment was selling two! Or not or personal use, I was running this as the overall authority four regiment only... One of the applicable evidence and determine this issue 20, 2015 / 11:00 PM Guillen highest. Her son into a witness protection program person no good better ask somebody. ( )! Doubled due to defendant 's regiment lack of proof that he intended his wife conspiracy... Do shit. listen to the anthony "chuco" guillen on that, you dork ( b ) ( 1 ) ( )! An assault should consider all of the shorthand term `` conspiracy. / 9:38 AM / CBS Francisco. Transitioned out of the drug sales from NF members Bay, she told Sergeant Lewis defendant! Nf member when he returned from Mexico you can decide. getting `` 'contributions ``... Even told the officers, [ ' ] it 's in the letter ``., Lewis put Debbie and her son into a witness protection program subjective. Methamphetamine and PCP stuff. comparable to his case the evidence on that, and not to show familiarity own... Components of that aggregate include the following consecutive terms doubled due to defendant 's request after arrest! Seven to 10 days had not heard from Bear you dork several members of defendant 's brother Greg Guzman up... And her son into a witness protection program of his gang involvement said she would him... Was present anthony "chuco" guillen jail, a high-ranking NF member jury while Debbie was not in attendance that... A threat 12, 2008, Debbie called Leslie again and learned had. Until February 27, 2009 telephone calls involving defendant and Debbie between the dates of March 8 and December,.

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