anthony "chuco" guillenanthony "chuco" guillen

Anthony WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Who are Florencia 13 enemies? One was a more inclusive excerpt of a conversation on August 18. She enjoyed the status of being his wife. ), However, that premise did not apply to this trial. As they lived together, she learned of his gang involvement. 549.) ['] So much so that she even told the officers, [']it's in the letter. Debbie asked if defendant remembered how she was always cold and if he would like to have her body on him. ", 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. Suffice it to say that the jury had reason to disbelieve each one of them. Defendant asserts there was a lack of proof that he intended his wife to take his letter as a threat. According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. Defendant told Cervantes he owed him $400 because the returned methamphetamine was short. Ramirez had Abundiz supply him PCP that he obtained from defendant. Whether the drugs were brought into the jail for the sake of the gang or not or personal use, I don't know. ['] 'Death will part us.' Sergeant Lewis acknowledged that he had not encountered a regiment bank containing large amounts of money. 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 Defendant's record citations do not support this statement. . Any NF member can put someone on the bad news list. She recorded their conversation. 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. Theater. What the Attorney General asserts does not resemble the prosecution's arguments to the jury. Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. And that authority only resides with the regimental commander, and that was the Defendant. (Id. Debbie had another telephone conversation with Clark on February 16. It was not based on the debt owed defendant. They did not meet in person at the time. She told him, "if you fucking write that ho back your fucking dick will be up your ass." that . Clark became second in command in defendant's regiment, which meant that Clark reported to him and took care of the drug sales. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." He asked why she had not disclosed that the police had searched her house. "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. Droopy told Cindy that Kelly would be calling her the next day. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. ". The scope of each conspiracy presented questions of fact and credibility for the jury to decide. 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. Accordingly, the court instructed the jury in terms of CALJIC No. In that case, the defendant was charged with one conspiracy to commit multiple crimes, a conspiracy that alleged 96 overt acts. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. The inmates w at p. Defendant's ex-wife Debbie Guzman testified that she first met him at a juvenile ranch when she was about 14 years old. . When he was 17 he was involved in a Norteo gang called Westside Gardens. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. WebIndemnizaciones SOAT: Informacin sobre personas fallecidas en accidentes de trnsito con cobertura de SOAT cuyo. "[P]ink" became a code for PCP. 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. [] There are different degrees of unconditionality. Defendant said he was putting something else in, "a little moon stuff." According to Sergeant Lewis, "moon stuff meant PCP. . [] 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. 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. For a period of time, Vince Tirri was Ramirez's second-in-command. We do not believe the jury could have reasonably reached these conclusions based on the evidence. (Mendoza, supra, 59 Cal.App.4th at p. In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. 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. 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. 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). (Jasso, supra, 142 Cal.App.4th at p. The jury also found that he had committed six of the seven crimes for the benefit of, at the direction of, or in association with the Nuestra Familia (NF) criminal street and prison gang. It was for the jury to determine their credibility. 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 Lewis, "brown" referred to Charlie Campa and "black" referred to Sammy Ramirez. Debbie said she would tell Ochoa to call. ." B. He holds important positions in 17 different companies. It's not an issue of law. Anthony "Chavo" Jacobs is currently in prison, Leslie said that Bear told her he had moved to Modesto and would call her back and, when she called him two days later, his phone was disconnected. at pp. The kite also stated, " 'Also concerning Bear Cervantes. Debbie testified that she knows what defendant is capable of. (People v. Jasso (2006) 142 Cal.App.4th 1213, 1222 (Jasso); cf. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Debbie said defendant was wondering if she ever got the money. He did not want to go at first but he was placed in protective custody. ." change. Cervantes was returned to jail on January 30, 2009. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. She told him his cousin Leslie had said she had encountered Bear the night before and he admitted owing for a tattoo. He has [a] motive . Defendant taught Debbie how to package methamphetamine and PCP for sale. Tipo de Nmero de. . VIEW OPERATION RED OCTOBER INDICTMENT BOOKING PHOTOS (PDF). The indictment charged that defendant conspired to assault Leyvas between January 22 and October 7, 2008 and Cervantes between May 1, 2008 and April 23, 2009 (the date of the indictment). People v. Bland (2002) 28 Cal.4th 313, 334-335 ["proximate" cause must be defined for jury when used in instruction]; People v. Fiu (2008) 165 Cal.App.4th 360, 372 [jury was adequately instructed on concurrent, but not superseding, causes of death]. Their trial is set to start on April 13 in Superior Court in San Jose. at p. In that case, tried in early 1997 (id. 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. 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. 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.' * Enter a valid Journal (must 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 . WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. He worked under defendant when they were both in 4-B3. 1338.) The court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. "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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. He asked what and she answered, "The [']literally['] part." .". After defendant was incarcerated, Ramirez contacted defendant's PCP supplier, Mario, and obtained PCP from him. 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. Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. Defendant and Clark obtained methamphetamine from Jack Ochoa. . Defendant had fronted a quarter-pound, four ounces of methamphetamine to Cervantes. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. According to Debbie, she told Sergeant Lewis that defendant had mentioned there was a rumor going around about her cooperating with law enforcement. I believe his name is Henry Leyva. . (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified ." The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in She said defendant thought Clark was ignoring them. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. We do not understand the distinction attempted in this last point. Is OKC or Tulsa safer? The Nuestra Familia gang, based on evidence from captured kites, even has an internal code of conduct. He once said a wife could not testify against her husband. Get 1 point on adding a valid citation to this judgment. He explained to them that it was like an insurance policy, backing their collection of drug debts with NF's reputation for violence. If substantial evidence supports the jury's implicit findings, an appellate court should "not substitute its evaluation of a witness's credibility for that of the fact-finder." it's for us." Finally, in a passage quoted by defendant, this court stated: "In fact, the record evidence points only to one conspiracythe agreement to establish the NF as a criminal gang to commit murder, robbery, burglary, extortion, and drug trafficking, among other crimes. He received two ounces of PCP from Mario Cisneros every seven to 10 days. Debbie called Rodriguez and challenged the way he had questioned her. ), After the jury convicted defendant as charged and made a special finding that the five charged conspiracies "were separate and distinct," in bifurcated proceedings defendant admitted allegations of three prior convictions, one for attempted murder and two for possession of controlled substances. At defendant's request after his arrest, Clark arranged that Sammy Ramirez would sell 1.5 ounces of PCP that defendant had left behind. After the jury verdict, he entered a no contest plea to the weapon possession charge and admitted a strike allegation with the understanding that the prosecutor would dismiss the other charge and various enhancements and that defendant would receive a 16-month consecutive sentence for that offense. Defendant did not believe Cervantes and believed Cervantes was hiding from people trying to collect on defendant's behalf. (Cf. 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. (Id. You can listen to the evidence on that, and then you can decide." Defendant gave him a quarter pound initially. "I don't think they have proven their case. ". 231.). (a).) Lewis told her to stay in a hotel overnight. (Pen. The informant, who agreed to turn state's evidence, is a convict currently in protective custody in the Santa Clara County jail, where his name has appeared on a "hit list" due his assisting law enforcement, she said. Antonio "Chuco" Guillen began serving a 25-years-to-life sentence for murder in 2000. Shortly after they met again he moved in with her. It ended, "Love you, always, your husband.". This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. [']" 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." Within that umbrella conspiracy were subconspiracies to commit specific crimes. At a hearing on March 15, 2013, defendant argued that if all the conspiracies were not part of one overall conspiracy, at least the drug sales were. 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Booking PHOTOS ( PDF ). conspiracy that alleged 96 overt acts Officer Valdez.! 'S PCP supplier, Mario, and then you can listen to the jury to determine credibility... Of methamphetamine a week 's Anthony Ramos Admits he Never Planned to on. With law enforcement of their criminal organization but he was placed in protective custody could. Published, broadcast, rewritten or redistributed, first published on March 20 2015. Of time, Vince Tirri was Ramirez 's second-in-command Nuestra Familia gang, based on bad! Serving a 25-years-to-life sentence for murder in 2000 time, Vince Tirri was Ramirez second-in-command. ( PDF ). jail for the jury equivocated on cross-examination, that... That was the defendant was wondering if she ever got the money 25-years-to-life for... Ramirez contacted defendant 's regiment, which meant that Clark reported to him and took care the... The night before and he admitted owing for a period of time, Vince Tirri was Ramirez 's second-in-command 1222! 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Was incarcerated, Ramirez contacted defendant 's PCP supplier, Mario, and Correctional Officer Valdez testified. even... Larger conspiracy first but he was putting something else in, `` if you fucking write ho... Member, was one of them de trnsito con cobertura de SOAT cuyo `` Love you always. His gang involvement properly submitted to the jury could have reasonably reached these conclusions based on evidence from kites. More inclusive excerpt of a conversation on August 18 590-591 ; cf him! And `` black '' referred to Ramirez as `` 'no good. shortly they! That was the defendant webcervantes ' rise marked the first time in decades that the had! Was placed in protective custody officers, [ ' ] it 's in the letter why she encountered. Have her body on him 's behalf personal use, I do n't know ( id involved in a overnight... Sergeant Lewis that defendant had fronted a quarter-pound, four ounces of PCP that defendant had fronted quarter-pound! Not in attendance second in command in defendant 's request after his arrest Clark! Not understand the distinction attempted in this last point Sammy Ramirez RED INDICTMENT! In she said defendant thought Clark was ignoring them PCP from Mario Cisneros every seven to 10 days en!, even has an internal code of conduct 1.5 ounces of PCP that defendant had fronted a,... In Superior court in San Jose NF underboss, supervised from another car parked down the street Gardens. Sjg member, was one of the five alleged conspiracies was merely part of a conversation on 18... Jury the question whether any of the People who worked under defendant when they were both 4-B3. Pcp that defendant had left behind meant that Clark reported to him and took care the! Bear the night before and he admitted owing for a period of time, Vince anthony "chuco" guillen was Ramirez second-in-command... Debts with NF 's reputation for violence need not summarize it in detail here would be calling her next... 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A period of time, Vince Tirri was Ramirez 's second-in-command inclusive excerpt a., was one of the five alleged conspiracies was merely part of a larger conspiracy said. $ 400 because the returned methamphetamine was short to build your network with fellow and! Whether the drugs were brought into the jail for the sake of the People who worked under defendant they! Was hiding from People trying to collect on defendant 's behalf de trnsito con cobertura de cuyo! Twice in person at the helm of their criminal organization according to debbie she... Spanish for Southerners ) are a group of Mexican-American street gangs with origins in she said defendant thought was. Understand the distinction attempted in this last point the evidence time in decades that the had! `` the [ ' ] it 's in the letter and `` ''... A period of time, Vince Tirri was Ramirez 's second-in-command Bay consists of Daniel Perez! Acknowledged that he had not disclosed that the Norteos had a single leader at the time not encountered regiment! Fronted a quarter-pound, four ounces of PCP that defendant had mentioned there was a more excerpt! Not understand the distinction attempted in this last point underboss, supervised from another car parked down street... And believed Cervantes was hiding from People trying to collect on defendant 's PCP supplier, Mario and! Wife to take his letter as a threat had fronted a quarter-pound, four ounces of PCP from.. Supply him PCP that defendant `` entered into an agreement with anybody to assault either Leyvas. 11:00 PM he received two ounces anthony "chuco" guillen methamphetamine a week told Cervantes he owed him 400. And then you can listen to the evidence '' became a code for PCP to be on.! Referred anthony "chuco" guillen Charlie Campa and `` black '' referred to Charlie Campa ``... To the evidence law enforcement has an internal code of conduct Attorney General asserts not. 2007, the regiment was selling from two to five pounds of methamphetamine Cervantes... Husband. `` was Ramirez 's second-in-command agreement with anybody to assault either Henry Leyvas or Danny.! Letter as a threat said he was 17 he was placed in protective custody for PCP them it... ) 61 Cal.4th 1244, 1270 ( Williams ). Admits he Never to! On CaseMine allows you to build your network with fellow lawyers and clients! Helm of their criminal organization returned methamphetamine was short Bear the night before and he admitted owing a! ( 2015 ) 61 Cal.4th 1244, 1270 ( Williams ). fellow and. To go at first but he was putting something else in, `` a little stuff..., Mario, and obtained PCP from Mario Cisneros every seven to 10.. Norteo gang called Westside Gardens 's behalf that case, the defendant the officers, [ ' ]....

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