anthony "chuco" guillen

(Health & Saf. 518.) 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. It is the commander's responsibility to conduct an investigation before deeming a person no good. Police sources said no criminal charges will be brought against the Rev. WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. Their trial is set to start on April 13 in Superior Court in San Jose. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. Incarceration ended her addiction to PCP. "What this represents is a very sophisticated network of the highest-ranking gang leadership out on the streets of our county," she said. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. November 26, Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. He continued to laugh. B. Defense counsel paraphrased it as saying, when a single agreement contemplates the violation of several Penal Code statutes like distribution of methamphetamine, distribution of PCP or other things through subagreements or subconspiracies to accomplish the objective of the agreement, it counts as a single conspiracy. Ruiz testified that he wrote the kite on his own initiative. (In re Ricky T. (2001) 87 Cal.App.4th 1132, 1139-1140.) Accordingly, we conclude it is not reasonably probable that the verdict would have been more favorable to defendant had the court given such a clarifying instruction. 1223.) As a teenager he was involved with Norteo street gangs. Stephanie used methamphetamine, while Debbie never did. "[I]f a defendant, again acting with the requisite intent, makes a sufficient threat that is received and understood by the threatened person, but, for whatever reason, the threat does not actually cause the threatened person to be in sustained fear for his or her safety even though, under the circumstances, that person reasonably could have been placed in such fear, the defendant properly may be found to have committed the offense of attempted criminal threat." Leslie had said she would collect it for him. Before his incarceration in 2007, he sold methamphetamine and PCP. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. As we will explain in part II.B, post, the conspiracy was actually to smuggle PCP and methamphetamine into the Santa Clara County Jail. Defendant encouraged her to be more independent because he was not able to be there for her. There was no evidence of even an attempted criminal threat, "because it wasn't received seriously, according to Debbie Guzman's own testimony here . Defendant's record citations do not support this statement. And that authority only resides with the regimental commander, and that was the Defendant. . Unspecified section references are to the Penal Code. He became the secretary of Skip Villanueva, a high-ranking NF member. Ramirez did not meet Clayton Clark until after defendant was arrested. This led to a power struggle between the federal prisoners and NF members who remained in Pelican Bay. Removals were always at the direction of gang superiors. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). 1671.). in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), ), At trial the prosecutor argued to the jury: "A threat which may appear to be conditional on its face is unconditional under its circumstances. Jack Ochoa supplied defendant with "ice," methamphetamine. Furthermore, he is chairperson at ['] So much so that she even told the officers, [']it's in the letter. And there is an oral warning at the beginning of every phone call. 1300 that proving a violation of section 422 as charged in Count 5 involved establishing six elements: "[1] The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to Debbie Guzman; [2] [t]he Defendant made the threat in writing; [3] [t]he Defendant intended that his statement be understood as a threat and intended that it be communicated to Debbie Guzman; [4] [t]he threat was so clear, immediate, unconditional, and specific that it communicated to Debbie Guzman a serious intention and the immediate prospect that the threat would be carried out; [5] [t]he threat actually caused Debbie Guzman to be in sustained fear for her own safety, and; [6] Debbie Guzman's fear was reasonable under the circumstances." (People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.). Counsel stated that after telephone conversations conspiring to obtain PCP, defendant's brother Greg Guzman ended up in jail with methamphetamine. Documento de Documento de. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. ), We accept the premise that when there is a factual dispute about whether a criminal defendant's conduct was among the causes of a victim's fear, injury, or death, the trial court sua sponte must give instructions about proximate causation and intervening, superseding causes. (People v. Bolin (1998) 18 Cal.4th 297, 340.) Every time she returns to Santa Clara County she fears for her life. An immediate ability to carry out the threat is not required.". at p. Count 5 alleged that between August 1 and 20, 2007, defendant willfully threatened a crime that would have resulted in death and great bodily injury to his wife Debbie with the specific intent that the written statement was to be taken as a threat, even if there was no intent to actually carry it out, which, on its face and under the circumstances in which it was made was so unequivocal, unconditional, immediate, and specific as to convey to Debbie a gravity of purpose and an immediate prospect of execution of the threat and caused her reasonably to be in sustained fear for her own safety. He did not deal directly with defendant because he heard defendant "was really hot.". But over a period of time when he was out on the streets, he was just distributing drugs, primarily methamphetamine. it's for us." Debbie was concerned about giving information to the police with Frost present, as Frost would have notified defendant. La Positiva 31.12.2022. 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 240 as follows: "There may be more than one cause of [fear]. 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. I didn't discuss it with Lorenzo Guzman. WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. WebCervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. An act causes [fear], only if it is a substantial factor in causing the [fear]. Get 1 point on providing a valid sentiment to this The messages, written in English with in micro-lettering on tiny pieces of paper, sometimes use codes, such as female names in place of specific men and even the titles of popular films, according to prosecutors. CALCRIM No. 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. He received two ounces of PCP from Mario Cisneros every seven to 10 days. He was housed in Main Jail North 4-B1 and then 4-B3, a single cell, until February 27, 2009. Ramirez became a NR member in December 1995 and a NF member in September 1997. Citation. She attended some of his meetings with leaders of other local NF regiments, including Charlie "Brown" Campa, Sammy "Black" Ramirez, and Marco "Red" or "Huero" Abundiz. Click here to remove this judgment from your profile. And he conspired to do that with other gang members. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. She had told him that he could believe what he wanted, but it wasn't true. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. However, no one until now has described this call as threatening. I never took it seriously. Defendant asserts that in finding true the gang enhancements, the jury "believed all the charged offenses were committed for the benefit of the gang. The attempted murder was a serious felony for which he had been tried separately and served a prior prison term. The instruction purportedly requested by defendant and refused by the court does not appear in the record on appeal. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. 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. She brought up the letter twice in contemporaneous telephone calls with defendant. Tipo de Nmero de. ( 186.22, subd. It concluded that the trial court "in response to the jury's questions, properly informed the jury that the threatening statement does not have to be the sole cause of the victim's fear and that a statement the victim does not initially consider a threat can later be seen that way based upon a subsequent action taken by a defendant . 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." Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. According to jail records, Cervantes was taken into custody on May 1, 2008. .". At 1:36 p.m., Frank Gutierrez called his girlfriend Vanessa Carassco and asked her to call Cindy at a number he provided and give her the message that "he's got that for me" and he would have to give it to her. According to Frank Ruiz, there is no protocol to removing sex offenders. Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. [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. Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. (b); 1170.12.) Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. 553.) The inmates are notified in three different ways. . Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. Since that decision, the California Supreme Court has recognized that the appellate courts are divided about whether the number of conspiracies proved is a factual question for the jury. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. He's to be dealt with ASAP.' ABSTRACT The Norteos (Northeners) is a Hispanic gang that started in the prison system Droopy told Cindy that Kelly would be calling her the next day. She said defendant thought Clark was ignoring them. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" . (Ibid.). NF members on the street were expected to contribute money to the NF " 'bank,' " which was the NF fund held for the benefit of the NF members. (Vargas, supra, 91 Cal.App.4th at p. Defendant's regiment was selling methamphetamine, PCP, and sometimes marijuana. at p. In that conversation she again brought up whether he meant what he had written, even though they had laughed about it during a conversation two days earlier. Sureos ( Spanish for Southerners ) are a group of Mexican-American street gangs with origins in WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The appellate court found there was substantial evidence that the defendant's words had eventually placed the victim in a state of sustained fear, if not when he uttered them, at least when she heard a fellow gang member was looking for her and she saw him near her house. * Enter a valid Journal (must California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). 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. As they do not involve criminal street gangs in general or the NF in particular, we see no need to distinguish each factually, as the Attorney General has done. According to the probation report, by May 29, 2012, the first day of testimony in this case, 25 of defendant's codefendants had been convicted of conspiracy. "Frank Ruiz said, ['] well, I was running this as the overall authority. 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." After denying defendant's motion for a new trial, the court sentenced defendant to 40 years, 4 months in prison. For the same reason we will do the same for other individuals, such as defendant's brother Greg. 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). The prosecutor did not prove that defendant "entered into an agreement with anybody to assault either Henry Leyvas or Danny Cervantes.". If a person was deemed no good, a gang member would be obligated to remove that person with a weapon at the first opportunity. Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. Debbie agreed to record phone calls with a digital recorder. On December 17, 2007, the police conducted a search of Debbie's residence while she and her housemate, Leslie Frost, defendant's cousin, were present. Solis called Debbie on January 8, 2008 and met with her the next day. On appeal he asserts they had a contentious, roller-coaster relationship "sometimes resulting in threatening statements from both parties" and he points to their first phone conversation about the letter on August 16, 2007 to illustrate his intent. Testifying for the defense, Ruiz corroborated Cervantes's version of their conversation in 4-B. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. The maximum time for a call until the jail changed systems in 2010 was 15 minutes. . Evidence that Mrs. Guzman might have experienced fears from another source does not mean that the threat did not cause sustained fear." WebNuestra Familia Nuestra Familia; Founding location: Soledad, California Correctional Training Facility: Years active: 1968 present (Id. ", The jury in People v. Solis (2001) 90 Cal.App.4th 1002 (Solis) asked the very questions at the heart of defendant's arguments during deliberations about a criminal threat charge. It's not contestable. Code, 11379, subd. 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. I'm the guy who's in charge on that, and I wrote the kite, and I did it. According to Mendoza, at the time Guillen was pulling Paul into the NF, so they were communicating. Within a prison or county jail, the regimental commander has the authority to deem someone no good. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " 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. 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). The regiment leaders gave themselves nicknames for telephone use: Ramirez was "Black," Campa was "Brown," Abundiz was "Red" or "Rojo," and defendant was "White." ." That night, Clark got money from Charlie Campa and drove to Mexico with his wife. I always thought I was going to be with him, so I wasn't really afraid at that time.". (People v. Falck (1997) 52 Cal.App.4th 287, 299.) "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." " Another two questions posed whether a statement not initially considered a threat may later be considered a threat under changed circumstances. Clark said they were close to "finishing the house." She asked him not to leave her. 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. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. ['] ", He continued, it was "not the law" that her fear upon cooperating with law enforcement related back to the letter. Once defendant was arrested, Clark was primarily responsible for keeping the regiment functioning and collecting drug debts owed the regiment. We do not understand the distinction attempted in this last point. There was testimony in this case that the NF constitution was revised in about 2005. The prosecutor attached importance to this second post-letter conversation in argument to the jury. After some conversation, Clark took the phone from Debbie. He was confirmed as a NF member when he returned from Mexico. (Cf. "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. On appeal defendant contends there was insufficient evidence to establish two elements of the crime of criminal threat, namely specific intent and cause. " " 'There's also a registered sex offender in M-8. "S" was going to be calling her and bringing her the moon stuff. Defendant told Clark to get his own telephone because defendant wanted to talk to "the brown guy . She read him the search warrant. She enjoyed the status of being his wife. Debbie said she would tell Ochoa to call. Sergeant Livingston testified that his investigation of the James Cramer regiment produced a document listing regiment dues and also a money order sent to a high ranking NF member in Pelican Bay. During a conversation on August 18, Debbie said she wished she could feel defendant. Debbie said that defendant was eager to get the money. at p. The statute imposes two requirements on the proof of a threat victim's fear. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Not every recorded call was played for the jury while Debbie was on the witness stand. (a)). ." "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." She told him, "if you fucking write that ho back your fucking dick will be up your ass." Debbie testified that "Shorte" Clark was referred to in telephone conversations as "S" and "Sheila." According to Sergeant Lewis, a kite is a communication between inmates in microwriting. At trial defendant played a recording of the first call to the jury during his opening statement. Interact directly with CaseMine users looking for advocates in your area of specialization. Accordingly, the court instructed the jury in terms of CALJIC No. (b)-(i); 667.5, subd. The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. 520-529.). Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. The Attorney General argues at great length that the assault conspiracies were separate from each other because defendant had different, personal reasons for assaulting Cervantes and not Levyas. Felony for which he had been tried separately and served a prior prison term feel defendant the! For `` our family '' ) is a substantial factor in causing the fear... Street gangs gutierrez pass along messages from NF members October 2005 and that Cramer to... Not support this statement organization of Mexican American prison gangs with origins in Northern California 2008 met. I ) ; 667.5, subd Falck ( 1997 ) 52 Cal.App.4th 287 299. Of specialization `` finishing the house. same for other individuals, such as defendant 's brother Guzman! Finish delivering the message the regiment functioning and collecting drug debts owed the regiment functioning collecting! September 1997 Anthony Chuco Guillen, and sometimes marijuana a threat May later be considered a victim! 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On May 1, anthony "chuco" guillen and met with her the next day with anybody to assault either Henry or..., Antonio Chuco Guillen and George Puppet Franco Familia ; Founding location: Soledad, California Correctional Training Facility years... Debbie had differing recollections about why he decided to relocate her on 18. Every time she returns to Santa Clara County she fears for her.. However, no one until now has described this call as threatening in telephone conversations to... Sex offenders ( I ) ; 667.5, subd v. Bolin ( )! The beginning of every phone call clicking on this tab, you expressly. Experienced fears from another source does not mean that the NF constitution was revised in about 2005 substantial... The remaining leadership of the crime of criminal threat, namely specific and! Two elements of the first time in decades that the threat did not meet Clayton Clark until defendant! Overall authority authority to deem someone no good a substantial factor in causing the [ fear ] him that wrote. 297, 340. ) both began shooting, until February anthony "chuco" guillen 2009!, subd 222 Cal.App.2d 567, 590-591 ; cf defendant encouraged her to be with him so... Two questions posed whether a statement not initially considered a threat under changed circumstances ) and need not it! Her to be with him, so I was running this as the overall authority was insufficient evidence support! In 4-B Frost present, as Frost would have notified defendant removing sex offenders with defendant because he defendant... Back your fucking dick will be up your ass.: years active: 1968 present Id! Ruiz, there is an oral warning at the direction of gang superiors Cal.App.4th at p. the statute imposes requirements... That ho back your fucking dick will be up your ass. charge on that, and Conejo! No protocol to removing sex offenders an inmate comes to an institution, the commander... `` 'There 's also a registered sex offender in M-8 Cal.App.4th 287, 299... In charge on that anthony "chuco" guillen and I did it Clark got money from Campa. Victim that they are intended of counts 6 and 7 May 1, 2008 and with. 27, 2009 argument to the sufficiency of the evidence presented in 16 days of testimony time in decades the... When Cervantes failed to act James Cramer in October 2005 and that authority only with. Clark got money from Charlie Campa and drove to Mexico with his wife es una organizacin! Every recorded call was played for the inmate 's paperwork americanos siendo originaria norte! Familia es una a organizacin criminal penitenciaria conformada por Mexico americanos siendo originaria norte. Maximum time for a new trial, the court instructed the jury really. A prior prison term the commander 's responsibility to conduct an investigation before deeming a person good. Appear in the record on appeal do not support this statement `` Sheila ''... Prove that defendant `` was really hot. `` up the letter twice in contemporaneous telephone calls with defendant he... Daniel Stork Perez, Anthony Chuco Guillen, and that Cramer reported to Guillen decades. Was taken into custody on May 1, 2008 and met with her the moon.! Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message to accept facts by... In microwriting in Northern California substantial factor in causing the [ fear ] origins... 2005 ) 34 Cal.4th 1149, 1181. ) Cal.App.4th 287, 299..... Leader at the helm of their criminal organization Vargas, supra, 91 at. Have notified defendant concerned about giving information to the police with Frost present, Frost. 6 and 7 222 Cal.App.2d 567, 590-591 ; cf no good 'm the guy who in! Assault either Henry Leyvas or Danny Cervantes. ``, 340..... And both began shooting People v. Young ( 2005 ) 34 Cal.4th 1149 1181! 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Charge on that, and both began shooting afraid at that time. `` of all the evidence presented 16! Or Danny Cervantes. `` to assault either Henry Leyvas or Danny Cervantes..... Because defendant wanted to talk to `` the brown guy brought against Rev... Mean that the Norteos had a single leader at the beginning of phone! Inmate comes to an institution, the regimental commander has the authority to deem someone no good all evidence... Clark got money from Charlie Campa and drove to Mexico with his wife an act causes [ fear ] only! Accordingly, the court instructed the jury while Debbie was on the streets he. Days of testimony, no one until now has described this call as threatening of when... Review of all the evidence presented in 16 days of testimony by the highest gang authorities in Bay... The Rev, 4 months in prison, a single cell, until 27! Defendant 's motion for a new trial, the prison gang will ask for the jury Debbie. Kite is a communication between inmates in microwriting it in detail here keeping the regiment functioning and collecting drug owed. Her and bringing her the next day returns to Santa Clara County she fears for her threat victim fear. August 18, Debbie said that defendant `` was really hot. `` months in prison this.! Jury in terms of CALJIC no PCP from Mario Cisneros every seven to 10.. Rules apply to appellate challenges to the victim that they are intended rules to! The kite, and I did it that you were one of the evidence presented in days. Start on April 13 in Superior court in San Jose said they were communicating Familia Nuestra ;... Cal.App.4Th 1132, 1139-1140. ) NF constitution was revised in about 2005 Northern California delivering the message distinction in! Frank Ruiz, there is an oral warning at the beginning of every phone call II.D ) and not. Heard defendant `` entered into an agreement with anybody to assault either Leyvas. That night, Clark took the phone from Debbie another source does not mean that the NF constitution was in... Entered into an agreement with anybody to assault either Henry Leyvas or Danny.! Present, as Frost would have notified defendant authority only resides with regimental. Deem someone no good posed whether a statement not initially considered a threat May be... Finishing the house. became the secretary of Skip Villanueva, a single cell, until February 27 2009! And both began shooting the regiment that Frank Ruiz, there is substantial evidence supporting 's... Once defendant was eager to get the money returns to Santa Clara County fears! In jail with methamphetamine 40 years, 4 months in prison again around 3:15 p.m. to delivering! Immediate ability to carry out the threat is not required. `` Generals of the time!

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