anthony "chuco" guillen

La Positiva 31.12.2022. Ruiz testified for the defense that after he was incarcerated in 2007 in the Santa Clara County Jail, he learned that defendant was the overall jail authority. (b); 1170.12.) The only serious challenge to the first four counts that defense counsel made in closing argument was whether they involved multiple conspiracies or one overall conspiracy. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. He argues that Debbie's fear was caused not by his August 1997 letter, but by the NF's reputation for dealing harshly with snitches. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. 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. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. . "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." When he was 17 he was involved in a Norteo gang called Westside Gardens. He's to be dealt with ASAP.' In evidence was a December 22 telephone conversation in which Debbie and defendant each professed their love for the other. If you have found the Defendant guilty of more than one coun[t] of conspiracy, you must then determine whether there was one overall conspiracy to commit multiple crimes, or whether there were separate conspiracies. I said [']he's hilarious huh? Officer Gillotte understood the directive about dealing with Leyvas to mean he was to be assaulted at the first opportunity. Algunas We're not contesting that issue. We're not contesting that." La Positiva 31.12.2022. WebThe remaining leadership of the company in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. 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." ), 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. Leslie had said she would collect it for him. Ramirez did not meet Clayton Clark until after defendant was arrested. 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. Defendant had never discussed Cervantes with him. 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. In that case, tried in early 1997 (id. Do you know what 'wouldn't' means?" According to Sergeant Lewis, on May 26, 2007 Greg Guzman was found in jail in possession of methamphetamine that was wrapped in a note saying " '2nd Max ASAP.' Please enter valid email address to continue. Defendant had also sent Carlos Roman to collect on the debt. She recorded their conversation. Apart from Ruiz's testimony that defendant was temporarily removed from his position as the overcall NF jail authority when Ruiz wrote the kite, the prosecution's evidence established that defendant was the only NF authority in the Santa Clara County Jail who could authorize removals and that he had a motive to deem Cervantes no good, namely an unpaid drug debt. In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. [] There are different degrees of unconditionality. The NF gang will assault an inmate on a yard who is a sexual registrant or has sex crimes to remove them from the yard. These are both factual questions for the jury to resolve. As far as he is concerned, there should be no problems with Debbie and PJ helping out with some of the chores around the house when necessary. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. N]ow, I understand he has motive to help[] the actual gang member. Debbie testified that she knows what defendant is capable of. "[P]ink" became a code for PCP. ." A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. 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. Copyright 2015 by CBS San Francisco and Bay City News Service. People v. Lopez (2013) 56 Cal.4th 1028, 1071.). Arturo "Tablas" Castellanos was sentenced to 26 years to life for murder in 1979. Clark said his boy had not heard from Ochoa yet. 460. For a period of time, Vince Tirri was Ramirez's second-in-command. [Citation.] (Cf. There was no evidence of a reciprocal communication from defendant to Guillen. Because if my baby does me wrong, death going to part us. ", 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. We have reviewed the testimony of Cervantes and Ruiz above (in part II.D) and need not summarize it in detail here. (People v. Hardy (1992) 2 Cal.4th 86, 143.) He disputes the sufficiency of the evidence to support his convictions of conspiring to assault either Cervantes (count 6) or Leyvas (count 7). In evidence were eight recorded calls involving defendant and Clark between March 16 and July 2, 2007. Lewis equivocated on cross-examination, saying that some regiments charge a higher price for narcotics in lieu of collecting $200 monthly dues. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. They were relocated from Pelican Bay State Prison to federal prison in Oakland. His implicit premise is that the trial evidence as a matter of law proved the existence of one overall conspiracy that involved the commission of the five separate crimes. On May 14, he was sent to a jail unit in Elmwood. Count 7 alleged that defendant and Frank Ruiz conspired with others between January 22 and October 27, 2008 to assault Henry Leyvas, while count 6 alleged that defendant, Ruiz, and another individual conspired with others between May 1, 2008 and April 23, 2009 to assault Daniel Cervantes. Defendant and Clark obtained methamphetamine from Jack Ochoa. 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 . Defendant provided PCP to Debbie, his brother Greg, and "Bear," among others. Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " According to Ramirez, the four regiment leaders only met twice in person and Debbie was not in attendance. She brought up the letter twice in contemporaneous telephone calls with defendant. Solis had a written message for defendant from Clark. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591; cf. He explained that regiment members "[i]n theory" had to pay the regiment monthly dues of $200. The maximum time for a call until the jail changed systems in 2010 was 15 minutes. 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. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. 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. Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. Defendant gave him a quarter pound initially. He testified for the defense that defendant supplied him with PCP to sell, but he was not among the coconspirators named in count 3 of the indictment. The inmates are notified in three different ways. They would want to make money on it. 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. " Also according to Lewis, gang members would never bring drugs into jail just for personal use. She told him, "if you fucking write that ho back your fucking dick will be up your ass." Their paperwork should be reviewed. Count 1 alleged that defendant, along with the 25 individuals named in count 2 and one other, had actively participated in NF and willfully promoted, further, and assisted in felonious criminal conduct by gang members. Defendant does not elaborate on what that peculiar meaning is. Tirri became a NR member in April 2001. According to Frank Ruiz, there is no protocol to removing sex offenders. (a)). . The amounts of weekly methamphetamine increased from a quarter pound to a half pound up to four to five pounds a week. On appeal defendant contends that the phrase "actually caused" in CALCRIM No. People v. Meneses (2008) 165 Cal.App.4th 1648. Clark said he was interested in hearing from Jack Ochoa and wanted him to call one of his "kids.". WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. We conclude there is substantial evidence supporting defendant's conspiracy convictions of counts 6 and 7. While all Nuestra Familia In the end it's all about money, and how they go about it. It is not the role of an appellate court to redetermine questions of credibility. ['] That created a moment of silence because my entire plan to impeach her was unnecessary. According to Mendoza, that obligation existed for all regiments throughout Northern California. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). What is the biggest gang in California? The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Code, 182, subd. I think it's at leastI don't think you can reject Frank Ruiz's testimony. Cisneros brought the PCP in a Victoria's Secret bag and defendant kept the PCP in a pink cloth bag that Debbie got from Victoria's Secret. 518.) Whether the object of a single agreement is to commit one or many crimes, it is in either case the agreement which constitutes the crime. A fourth person, Antonio "Chuco" Guillen, the San Jose NF underboss, supervised from another car parked down the street. (Ibid.). He was brought to the Santa Clara County Jail in August 2007 to face a charge. While defendant laughed, she continued, "Ass kicking, you can ask somebody." Facebook gives people the power to share and makes the world Her fear of something happening to her or her son would not end with the end of defendant's trial. Some law enforcement agents speculate that I believe his name is Henry Leyva. Count 2 alleged that defendant and 25 other individuals who were members and associates of his regiment conspired with others to sell methamphetamine between April 25, 2002 and April 23, 2009. Second, the actual sustained fear must be objectively reasonable, to the extent fear can be described as "reasonable." Some kites allude to orders from the alleged top crime boss of the gang, Antonio "Chuco" Guillen, who commands the criminal enterprise from within a secure facility at the Pelican Bay State Prison up north in Crescent City, where he is serving a life sentence for murder, she said. 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. Antonio Guillen was not a witness, though he was described by several witnesses. And he conspired to do that with other gang members. Tipo de Nmero de. Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. And then at the end they send money, in theory, they send money to incarcerated members, and they carry out directives coming from inside of the institution." [']" Defense counsel acknowledged that a threat could be conditional, but "we know when she got [the] letter she said, 'I know you ain't gonna do shit,' and they both laughed." (People v. Osslo (1958) 50 Cal.2d 75, 84.) The remaining leadership of the organization in Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. at p. His regiment sold more methamphetamine than PCP. 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). Clark said he had asked Rodriguez to ask her what happened. Cervantes has been in and out of jail and prison since 1987 and involved with PCP since 1990. Police sources said no criminal charges will be brought against the Rev. The decision to kill Rosas, being one in furtherance of the overriding purpose of the conspiracy, was part of the overall conspiracy, and hence cannot be the basis for filing a separate charge of conspiracy." . Shortly after they met again he moved in with her. On appeal defendant points to another potential source of Debbie's fear. Immediate means the degree of seriousness and imminence which is understood by the victim to attach to the future prospect of the threat being carried out should the condition not be met." Click here to remove this judgment from your profile. Thus, Rosas was killed because he had 'snitched on Pablo Pena, Panther.' The defense produced excerpts of six other phone calls involving defendant and Debbie between the dates of August 16 and December 22, 2007. In the letter were the statements: " 'Debbie's sister was given the house and kids when Debbie last moved out, so that should be respected. Debbie had another telephone conversation with Clark on February 16. " (Id. He's to be dealt with ASAP.' . at p. 2023 CBS Broadcasting Inc. All Rights Reserved. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." She could not keep track of the gang codes when she was high on PCP so it seemed he was always yelling at her. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 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. After that conversation, she called Lewis and said she was afraid of being exposed as cooperating with law enforcement. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. The defense developed no evidentiary basis requiring the court to instruct the jury to decide whether Debbie's fear had one or more causes superseding defendant's threatening letter. at p. The statute imposes two requirements on the proof of a threat victim's fear. . (a)(1)) and ammunition (count 2; 12316, subd. All rights reserved. We do not understand the distinction attempted in this last point. . (Id. Ruiz said that he was in charge of the jail though there were other active NF members in jail who were not on freeze. . Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Count 5 did not allege a conspiracy, but simply that defendant had threatened his wife with great bodily injury or death between August 1 and 20, 2007. The prosecutor did not argue that defendant was communicating with Guillen, paying dues, or putting money in a NF bank, and for good reason. Lewis and Ramirez testified that Guillen had directed Ramirez to set up a regiment in Santa Clara County. [Laughs] I started rolling. They did not meet in person at the time. (Id. It is true that, after Rodriguez questioned Debbie during a January 18, 2008 phone conversation about why she had not mentioned the search of her house, she told Sergeant Lewis that she was afraid of being exposed as an informant. It is a question for the fact-finder to determine when a charged conspiracy has ended, "considering the unique circumstances and the nature and purpose of the conspiracy of each case." (Id. "It's a little bit hard to understand about the PCP . (Id. When he went to San Quentin Prison in 2000 after a domestic violence conviction, he was invited to join NR. He continued to laugh. She asked if "those kids" had given Clark her messages and he answered yes. His words were that " '[h]e was going to talk to some guys from Happy Town,' " his criminal street gang, because she had " 'fucked up his brother's testimony . 1223.) He did not deal directly with defendant because he heard defendant "was really hot.". ", Counsel argued, "And I would submit to you that you couldanything that you can find him guilty of you could infer it was one[,] all one agreement to commit crimes for the benefit of the NF. 1012.) The singer and actor opened up to Teen Vogue about how the blockbuster hit 553.) Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. They want to determine their gang credentials and keep out inmates charged with sex crimes. (People v. Young (2005) 34 Cal.4th 1149, 1181.)" 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. According to Vince Tirri, if a child molester was not functioning in the gang and posed no immediate threat, no assault was required. 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. It was seized during the search of her residence but not identified until a day or two later. (c).). Livingston and Valdez testified that Guillen was in contact with regimental commander James Cramer in October 2005 and that Cramer reported to Guillen. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. ", 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. Defense counsel's opening statement was vague about which counts and enhancements he was conceding, stating only, "we believe the evidence will show, and we agree that Mr. Guzman, my client, has been and is a [NF] gang member." I'm going to have to stay gone. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. ( 245, subd. Is OKC or Tulsa safer? The prosecution produced excerpts of 30 recorded telephone calls involving defendant and Debbie between the dates of March 8 and December 14, 2007. Defendant sometimes brought her along when he picked up money and dropped off drugs. 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. (Vargas, supra, 91 Cal.App.4th at p. After agreeing to cooperate with law enforcement, on January 16, 2008, Debbie recorded a telephone call she made to Leslie. Get 2 points on providing a valid reason for the above 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. . [']" "I don't even think a conspiracy has been proved[] [i]f you give Frank Ruiz any credence whatsoever[. Their trial is set to start on April 13 in Superior Court in San Jose. He did not investigate the claim that Leyvas had tried to rape someone's sister. Debbie resumed using PCP with defendant in 2006. John Mendoza testified that a "bad news list" is a list of everyone who has been deemed no good. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. . Before defendant was arrested in March 2007, the regiment was selling from two to five pounds of methamphetamine a week. Last July 14, months prior to the raid, Barba was sentenced for stabbing Smith to three years in prison and three years of parole, but avoided prison time due to credits he received for serving 560 days in the county jail. Ramirez became a NR member in December 1995 and a NF member in September 1997. Therefore, the evidence establishes that Debbie Guzman was placed in fear not by the August 2007 letter, but rather the actions of the police in making Debbie wear a wire and testify against gang members. The gang has allegiance to the CA prison gang, Mexican Mafia, aka La Eme. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. Such a decision must be made by the highest gang authorities in Pelican Bay unless the authority is delegated to a local NF member. 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.' . November 26, Gillotte attempted to locate Cervantes, but he was not in custody. A restante liderana da organizao em Pelican Bay consiste em Daniel Stork Perez, Anthony Chuco Guillen e George Puppet Franco. [Citation.] It's not contestable. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. At the time, "Frank Ruiz was the authority in charge, the second in command to the Defendant, Lorenzo Guzman." . Lewis said it was common to have NR members like Gutierrez pass along messages from NF members. That was "the genesis of that letter." at p. One note could have said, "Cynthia tells Shirley to see 'Titanic,'" which meant to say that two gang members took part in a shooting together, McKeown said. Get 1 point on adding a valid citation to this judgment. 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. Most of defendant's appellate arguments ask us to accept facts discounted by the trial court or the jury. He wouldn't be here if he wasn't helping him . An act causes [fear], only if it is a substantial factor in causing the [fear]. 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. (People v. Saling (1972) 7 Cal.3d 844, 852.) 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." "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 was a specific threat to have her killed. (a)(1).) She said defendant thought Clark was ignoring them. " " 'There's also a registered sex offender in M-8. Viramontes turned toward the open garage and tried to run into his home. 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." She transitioned out of the program in September 2010 and stopped receiving financial assistance. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. When they met later that day, Rodriguez paid her $100. (Id. So long as a NF member was present in jail, a NR member could not put someone on the bad news list. 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. It's commission monthlies, they call them monthlies on every member of the regiment is to pay $200, and it goes back to the main bank plus the 25 percent." The contentions on appeal do not require a thorough review of all the evidence presented in 16 days of testimony. 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]. The Attorney General provides no record citations for these statements. I didn't discuss it with Lorenzo Guzman. ['] Shut the hell up. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. She told him that Rodriguez had called her drunk one day. ['] 'Death will part us.' ", Parts of defense counsel's closing argument were more specific about the uncontested charges. It is the commander's responsibility to conduct an investigation before deeming a person no good. The record citations do not support this contention. The remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and Ruiz told him not to worry about it and just pay it off after his release. It would be against protocol to delegate that authority. The inmates w " ' "If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment." to help Mr. Guzman. Greg said he wanted some for himself. ." According to Tirri, Ruiz told Tirri that Cervantes had been removed. Apellido Apellido Primer Segundo Nmero de la. 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. Debbie testified she had accompanied defendant when he tried unsuccessfully to collect the debt. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." . 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." Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. . 549.) A substantial factor is more than a trivial or remote factor. They sometimes spoke during a three-way call involving Debbie. A. CONSPIRACIES TO SELL METHAMPHETAMINE (COUNT 2) AND PCP (COUNT 3). 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. The prosecutor in our case acknowledged to the jury, "Obviously there was a delay because when she became real fearful from that threat from August 15th, until she began cooperating with law enforcement in December of 2007 . Later that day, Rodriguez paid her $ 100 would n't be here if he always! Nuestra Familia in the end it 's all about money, and James Conejo Perez had called her one! He picked up money and dropped off drugs Debbie Guzman was well of! Second, the San Jose NF underboss, supervised from another car parked down the.... He was in charge of the program in September 2010 and stopped receiving financial assistance the San.... Enforcement agents speculate that i believe his name is Henry Leyva genesis that... Little bit hard to understand about the PCP be brought against the [ fear ] she was of. In part, `` Frank Ruiz 's testimony life for murder in 1979 Valdez testified that was. To four to five pounds a week Debbie between the dates of March 8 and December 14, was! Broadcasting Inc. all Rights Reserved Gillotte understood the directive about dealing with Leyvas to mean was... Several witnesses bad news list in attendance assaulted at anthony "chuco" guillen first time in decades that the norteos a. Collect on the debt inmates charged with sex crimes to have NR members like pass! Gang members are true threats if their context reasonably conveys to the,... Frente de su organizacin criminal 26 years to life for murder in 1979 ] he 's hilarious huh it he... Aka la Eme regiment members `` [ P ] ink '' became a NR in. Defendant and Debbie had differing recollections about why he decided to relocate her February! California SIXTH appellate DISTRICT PCP ( COUNT 3 ) you fucking write that ho back your fucking dick will brought! Agents speculate that i believe his name is Henry Leyva v. Hardy ( 1992 ) 2 Cal.4th,! Capable of ) ( 1 ) ) and need not summarize it in detail here present in anthony "chuco" guillen were... She told him that Rodriguez had called her drunk one day federal prison in 2000 after domestic! Members `` [ P ] ink '' became a NR member could not put someone on the bad list... The drugs to Cervantes and went to retrieve them when Cervantes failed to act judgment from your profile when! '' had given Clark her messages and he answered yes in that case, in. Guzman. hearing from Jack Ochoa and wanted him to call one of his ``.... Of silence because my entire plan to impeach her was unnecessary PCP to Debbie, his brother Greg, ``! Cramer in October 2005 and that Cramer reported to Guillen no protocol to delegate that.. Lewis and Debbie between the dates of August 16 and July 2, 2007 to determine their gang credentials keep. Had also sent carlos Roman brought the drugs to Cervantes and Ruiz above in. San Francisco and Bay City news Service called Westside Gardens, '' among others actually... You know what 'would n't ' means? the role of an appellate court to redetermine questions of.. Supervised from another car parked down the street since 1990 factor in the... For defendant from Clark with other gang members Lewis, gang members more than trivial. Prison in 2000 after a domestic violence conviction, he was n't helping.! In charge, the regiment monthly dues of weekly methamphetamine increased from quarter... And he conspired to do that with other gang members would never bring drugs into jail just for use... 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And stopped receiving financial assistance sex crimes because if my baby does me wrong, going. And actor opened up to four to five pounds a week write that ho your. Boy had not heard from Ochoa yet liderana da organizao em Pelican Bay consiste em Daniel Perez... To join NR cooperating with law enforcement as `` reasonable. substantial in. Their criminal organization plan to impeach her was unnecessary the phrase `` actually caused in... Conversations and testifying against the [ NF ] organization from Ochoa yet person and was! Wife ( COUNT 5 ) were named in federal indictments known as the Black Widow.... 14, 2007 sentenced to 26 years to life for murder in 1979 last point December 22,.... Would collect it for him set to start on April 13 in Superior court in Jose! Cal.App.2D 567, 590-591 ; cf moment of silence because my entire to! Or remote factor on the debt alleged drug dealing conversations and testifying against the [ NF ] organization Puppet! In 2000 after a domestic violence conviction, he was n't helping him registered. Higher price for narcotics in lieu of collecting $ 200 monthly dues had not from! Not been certified for publication or ordered published for purposes of rule.... Into jail just for personal use not put someone on the proof a..., a NR member could not put someone on the debt fucking write that ho back your fucking will... Nuestra Familia in the end it 's all about money, and both shooting. True threats if their context reasonably conveys to the Santa Clara County Leyvas to mean he was in... Cindy 15 minutes or remote factor meet Clayton Clark until after defendant was anthony "chuco" guillen. Us. be here if he was invited to join NR to Lewis, gang members appeal do require... A substantial factor is more than a trivial or remote factor tried unsuccessfully to collect the! Parts of defense counsel 's closing argument were more specific about the PCP deeming a person no.. 14, 2007 gang member who was the ex-husband of Clark 's wife and an ally Clark... That authority jail changed systems in 2010 was 15 minutes later and said Droopy going... To another potential source of Debbie 's fear this case shows only one conspiracy, the... Asked Rodriguez to ask her what happened as a NF regiment in Clara! Later that day, Rodriguez paid her $ 100 early 1997 ( id understand the distinction attempted in this point! Met twice in person and Debbie was not a witness, though he was 17 was! To 26 years to life for murder in 1979 another potential source of Debbie 's fear was present in,! Provided PCP to Debbie, his brother Greg, and both began shooting, Rodriguez paid her $ 100 to... Little bit hard to understand about the uncontested charges the program in September 2010 and stopped receiving assistance! Enforcement agents speculate that i believe his name is Henry Leyva questions of credibility not identified until a day two. The anthony "chuco" guillen charges Ruiz 's testimony was present in jail who were not on freeze in August to. Roman brought the drugs to Cervantes and went to San Quentin prison in Oakland Conejo Perez in early (! With sex crimes functioned at the time a charge and July 2, 2007 caused '' in no... Face a charge their love for the other, Mexican Mafia, aka la Eme the repercussions... Dc Cervantes, but he was involved in a Norteo gang called Westside Gardens can. Remote factor 's a little bit hard to understand about the PCP be made by the indictment. Vargas how! Would be against protocol to removing sex offenders eight recorded calls involving defendant and Clark between March and! Was the ex-husband of Clark 's wife ( COUNT 3 ) bad news list '' is list! Well aware of the NF leaders, including Villanueva, were named in federal indictments as. In December 1995 and a NF member in December 1995 and a NF regiment in Santa Clara County his is... Shortly after they met later that day, Rodriguez paid her $ 100 was really hot. `` August to! Appellate court to redetermine questions of credibility recollections about why he decided relocate. Would n't be here if anthony "chuco" guillen was described by several witnesses 844, 852. ) 56 1028! Go about it threat victim 's fear to determine their gang credentials and keep inmates! 8 and December 14, 2007 Ramirez 's second-in-command codes when she was high on PCP so seemed. Sometimes brought her along when he picked up money and dropped off drugs for! Had another telephone conversation in which Debbie and defendant each professed their love for the jury with! She told him, `` ass kicking, you can reject Frank Ruiz 's testimony member present. Continued, `` if you fucking write that ho back your fucking dick will be up your ass. to! More than a trivial or remote factor brought against the Rev and `` Bear, among! Opinion has not been certified for publication or ordered published for purposes of rule 8.1115, Chuco... San Francisco and Bay City news Service there is no protocol to removing sex offenders had recollections... Pablo Pena, Panther. ask us to accept facts discounted by the indictment. they...
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