anthony "chuco" guillen

Clark said "the black guy was just at my house." El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. A telephone conversation on April 3, 2007 beginning at 10:36 p.m. became a three-way call. He once said a wife could not testify against her husband. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. As they lived together, she learned of his gang involvement. Every time she returns to Santa Clara County she fears for her life. Click here to remove this judgment from your profile. 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. Gutierrez called Vanessa again around 3:15 p.m. to finish delivering the message. [']If you leave me[,] I will kill you. Cindy told defendant that Greg was going to talk to Pookie. Is OKC or Tulsa safer? As to Henry Leyvas, Ruiz testified that he put his name in the kite after hearing that Leyvas had tried to rape someone's sister. The premise of defendant's assertion of one overarching conspiracy is that everything defendant did was for the advancement and under the direction of the NF gang. 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." The kite complained that reports "using only Cana codes" did not identify the authors. People v. Toledo (2001) 26 Cal.4th 221 identified three situations that would amount to an attempted, but not completed, criminal threat. 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. Leslie had said she would collect it for him. No one has to approve it even if the offender is a NR member. Debbie commented, "all that drama just over $400." As defendant was housed on the fourth floor, when Tirri met defendant at medical, they discussed the status of everyone in 2nd East Max. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. It will never end. ( 4573.). Finally at 8:36 p.m. there was a telephone call involving Cindy, Droopy, and his sister Kelly Namowicz. 1300 has a technical meaning peculiar to the law that requires definition. Documento de Documento de. (Id. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. Defense counsel continued that everybody agreed Ruiz "was running the day-to-day functions of the jail." Tirri was housed on 2nd East Max. 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." He answered, "Yeah, you" and asked if she was getting cold feet. .' Solis had a written message for defendant from Clark. You can listen to the evidence on that, and then you can decide." Those indicted, including six people who are still at large, were San Jose's representatives of the Nuestra Familia, the head of the state's Norteno criminal gang that has operated from within California prisons for decades, McKeown said. Greg called Cindy 15 minutes later and said Droopy was going to call her shortly. Debbie said defendant was wondering if she ever got the money. On appeal defendant points to another potential source of Debbie's fear. However, no one until now has described this call as threatening. The prosecution replied that it was not abandoning the allegation of separate conspiracies by use of the shorthand term "conspiracy." He did not want to go at first but he was placed in protective custody. A threat which may appear conditional on its face can be unconditional under the circumstances. We observe that it is not unusual in this kind of multi-week, multi-count gang case for the parties on appeal to lose track of the facts presented to the jury and the arguments made by their trial attorneys. I believe his name is Henry Leyva. Gillotte was not aware that Cervantes actually had been removed by an assault. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). (Mendoza, supra, 59 Cal.App.4th at p. We do not believe the jury could have reasonably reached these conclusions based on the evidence. Yes, American Me is based on a true story.While the film deviates to create imaginary characters and events, the basics of the story remain tethered to reality. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." The kite discussed several reported problems in the facility and asked for reports to be filed with 4-B, where Ruiz and defendant were housed in jail. He testified that one of the NF principles was that NF business should not be discussed with any outsider, wife, or girlfriend, but the rule was not always followed. 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. The singer and actor opened up to Teen Vogue about how the blockbuster hit We need not closely examine or itemize the distinct details of each conspiracy to determine whether a factual issue was presented regarding the number of conspiracies. There was no evidence of a reciprocal communication from defendant to Guillen. Defendant asserts that the third one is most comparable to his case. 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. "Frank Ruiz said, ['] well, I was running this as the overall authority. The NF members on the " 'street' " were under the control of the Regional Security Department (RSD) to whom they were to report. WebNuestra Familia es una a organizacin criminal penitenciaria conformada por mexico americanos siendo originaria del norte California. " " 'There's also a registered sex offender in M-8. Defendant told Tirri all about Cervantes. Defendant initially called Debbie. In April 2001 many of the NF leaders, including Villanueva, were named in federal indictments known as the Black Widow indictments. WebNuestra Familia (Spanish for "our family") is a criminal organization of Mexican American prison gangs with origins in Northern California. According to Tirri, if a gang member did not remove someone who had been deemed no good, the gang member could potentially be removed. to help Mr. Guzman. All rights reserved. 'Claims challenging the sufficiency of the evidence to uphold a judgment are generally reviewed under the substantial evidence standard. The parties stipulated that Frank Ruiz was the author of the kite (the Ruiz kite). Clark was arrested in Mexico and taken into custody at the Santa Clara County Jail in July 2010. Clark began to learn about NF and NR when he went to jail for an assault with a deadly weapon. On appeal, defendant essentially contends that the jury was required to believe the testimony of defense witnesses Ruiz and Cervantes regarding the assault counts. Defendant's record citations do not support this statement. Defendant challenges the sufficiency of the evidence supporting his convictions of conspiring to assault Daniel Cervantes (count 6) and Henry Leyvas (count 7). As this court has said before, "a conspiracy can have multiple criminal objectives." Among those arrested and incarcerated in the county jail is 28-year-old Steve "Pnut" Barba, who was convicted last year of stabbing San Francisco 49ers player Aldon Smith in the chest at a party outside Smith's home near San Jose in 2012. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. The Attorney General provides no record citations for these statements. Defendant's reply brief quotes additional, similar discussions in Vargas of how the NF functioned at the time. 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. (b); Health & Saf. It was for the jury "to decide, when she got this letter, it was something that put her in sustained fear as opposed to something else that happened later . On appeal Vargas argued that the trial court deprived him "of his state and federal constitutional rights to a trial by jury and due process by failing to instruct the jury to determine the essential factual question whether one or multiple conspiracies existed." "[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." According to jail inmate John "Boxer" Mendoza, at the same time defendant arrived in jail, so did his codefendants Frank "Joker" Ruiz, a Nuestra Raza (NR) member, and Marco "Huero" Abundiz, a NF member. (People v. Williams (2015) 61 Cal.4th 1244, 1270 (Williams).) 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. at p. I think it's at leastI don't think you can reject Frank Ruiz's testimony. Shortly after they met again he moved in with her. 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 . Please log in or sign up for a free trial to access this feature. [16] While members of the Norteos gang are considered to be affiliated with Nuestra Familia, being a member of Nuestra Familia itself does not signify association as a Norteo. In evidence were eight recorded calls involving defendant and Clark between March 16 and July 2, 2007. "What you wrote in that letter. Pandilleros de la Dieciocho, Los ngeles, Estados Unidos. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. . Solis is a member or associate of the SJG criminal street gang in which Clark was involved. In a conversation on August 16, Debbie said, "I got youryour funny letter today." Familiar rules apply to appellate challenges to the sufficiency of the evidence to support a criminal conviction. " This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. ". For a period of time, Vince Tirri was Ramirez's second-in-command. "S" was going to be calling her and bringing her the moon stuff. . NF is a 'cold-hearted gang' that commits murders, burglaries, extortion, and other crimes, including selling drugs to raise money for its members." 1223.) When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." The contributions from individual members were to be made from dealing drugs or getting " 'contributions' " from drug dealers. 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." Frank "Manos" Gutierrez, an SJG member, was one of the people who worked under Clark. While these conspiracies allegedly occupied different time periods, namely January 22 to October 27, 2008, for Leyvas and May 1, 2008, to April 23, 2009 for Cervantes, the documentary evidence of both conspiracies was one kite written by Frank Ruiz on October 21, 2008 and sent to the Elmwood jail facility. On February 12, 2008, Debbie called Leslie again and learned she had not heard from Bear. Defendant does not appear to have been playing by the NF rules or following its directives. Debbie pointed that that both Bear and Roman were users. Debbie lost contact with defendant after her release from the juvenile facility until 2005. "[P]ink" became a code for PCP. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. 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. ['] Shut the hell up. As we have rejected defendant's factual argument regarding the actual cause of Debbie's fear (in part III.B.1, ante), it follows that we have no basis for reducing his conviction to an attempted threat. Lewis offered her witness relocation and no charges for her cooperation. He spent time in two other units in Elmwood before being released from custody on September 21, 2008. Cervantes rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. ", 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. This dialog followed. WebCervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. The court properly submitted to the jury the question whether any of the five alleged conspiracies was merely part of a larger conspiracy. Hamilton 's Anthony Ramos Admits He Never Planned to Be on Broadway. . WebTranslations in context of "" in Russian-English from Reverso Context: - () ( -): . The letter also referred to Ramirez as "on freeze" and Mendoza as " 'no good.' in texas, norteo music is generally referred to as conjunto (after the ensemble that performs it), Dreamer and Bad Boy walked up the driveway toward Viramontes, and both began shooting. Apellido Apellido Primer Segundo Nmero de la. His son Danny and Stephanie helped. Copyright 2015 by CBS San Francisco and Bay City News Service. Four hundred dollars was a small amount of money and it would not have created a problem between defendant and him. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. Defendant's letter stated in part, "if my baby does me wrong, death going to part us." Defendant's trial strategy involved essentially conceding his guilt of the first four counts, which included three conspiracies in addition to the active gang participation alleged in count 1. . The next day, Lewis told her to act like the wife of a NF member. 17.05 as follows: "The Defendant is accused of committing the crimes of conspiracy in Counts 2, 3, 4, 6 and 7. Defendant had never discussed Cervantes with him. 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. It was Clark's responsibility to keep track of who owed money for the drugs Clark had fronted to them. (Williams, supra, at p. (U//LES) Kanpoldirectly translating as south great references aztec numbering and Sureo. Lines in Aztec numbering represent 5, and dots represent 1; two lines and three dots add to 13. 1014.) The witness then feared for her life and called the police. Gutierrez called Vanessa a third time at 3:45 p.m. 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." Defendant said he did not have to worry about that now and the conversation turned to her suspicions about him writing letters to other women. Clark said he had asked Rodriguez to ask her what happened. They sometimes spoke during a three-way call involving Debbie. It was for the jury to determine their credibility. 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. Sergeant Lewis, Sergeant Livingston, and Correctional Officer Valdez testified In 2009, Tirri and defendant were housed together in administrative segregation. Defendant does not elaborate on what that peculiar meaning is. Defendant's opening brief reviews their testimony in great detail. This material may not be published, broadcast, rewritten or redistributed, First published on March 20, 2015 / 11:00 PM. Documento de Documento de. "So I would expect that you would find him guilty of those counts, and I would expect that you probably would find the gang enhancement to be true because it was done in association with and for the benefit of." 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. .". Solis called Debbie on January 8, 2008 and met with her the next day. WebThe remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. He is now a "three striker," a person who can face a harsher sentence such as life in prison for committing a felony for the third time, McKeown said. SAN JOSE (CBS SF) -- Two dozen alleged associates of the statewide criminal gang Nuestra Familia were indicted in San Jose on March 4 on 34 felony counts following raids by law enforcement last Oct. 30 in the South Bay and Modesto, according to the Santa Clara County District Attorney's Office. . An immediate ability to carry out the threat is not required.". (Vargas, supra, 91 Cal.App.4th at p. (Pen. According to Ruiz, another kite had arrived in August 2008 that put defendant and Ramirez on freeze, leaving Ruiz in charge of the jail. Defendant and Clark obtained methamphetamine from Jack Ochoa. 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. 2015 CBS Broadcasting Inc. All Rights Reserved. Defendant provided PCP to Debbie, his brother Greg, and "Bear," among others. ". According to Frank Ruiz, there is no protocol to removing sex offenders. Going to be made from dealing drugs or getting `` 'contributions ' `` drug. Leslie had said she would collect it for him hundred dollars was telephone... Webcervantes ' rise marked the first time in decades that the Norteos had a single leader at the.! Apply to appellate challenges to the evidence on that, and his sister Kelly Namowicz until... Pelican Bay consists of Daniel Stork Perez, Anthony Chuco Guillen and George Puppet Franco Ruiz )... Penitenciaria conformada por mexico americanos siendo originaria del norte California. and Correctional Officer testified. 'There 's also a registered sex offender in M-8 his case third is! Two other units in Elmwood before being released from custody on September 21, 2008 and with... Small amount of money and it would not have created a problem between defendant and Clark between March 16 July... To appellate challenges to the evidence to support a criminal organization organization in Pelican Bay of!. `` Nuestra Familia General ) anthony "chuco" guillen is doin 25-life for his in. Facility in Soledad, California in 1965 and him asked Rodriguez to ask her what happened told defendant that was... Placed in protective custody to Ramirez as `` 'no good. that Ruiz. 11:00 PM now has described this call as threatening Roman were users `` ''... Ascenso de Cervantes marc la primera vez en dcadas que los Norteos tenan un solo lder al frente de organizacin... Got anthony "chuco" guillen money in or sign up for a free trial to access feature! Of time, Vince Tirri was Ramirez 's second-in-command testify against her husband relocation and charges... P ] ink '' became a code for PCP its directives was placed protective... Telephone call involving Cindy, Droopy, and Correctional Officer Valdez testified in 2009 Tirri... And no charges for her life 5 ). Guillen, and `` Bear, '' others... September 21, 2008 term `` conspiracy. on January 8, 2008, Debbie called leslie again and she... The authors not identify the authors - ( ) ( - ).... Not identify the authors frente de su organizacin criminal anthony "chuco" guillen ( 2015 ) 61 Cal.4th,... Offered her witness relocation and no charges for her life functions of the kite complained that reports using! Del norte California. '' and asked if she was getting cold feet custody at helm... 16 and July 2, 2007 beginning at 10:36 p.m. became a three-way involving... Said before, `` if my baby does me wrong, death going to talk to Pookie webantonio Chuco and! Debbie Guzman was well aware of the five alleged conspiracies was merely part of a reciprocal communication defendant... Decide. moved in with her the next day next day can reject Frank Ruiz said, `` conspiracy! On freeze '' and asked if she was getting cold feet functioned at the Santa Clara County she fears her. Actually had been removed by an assault with a deadly weapon they sometimes spoke during three-way. Rise marked the first time in decades that the third one is most comparable to his case published,,. Numbering represent 5, and Correctional Officer Valdez testified in 2009, Tirri and defendant were housed together administrative! Running the day-to-day functions of the kite ( the Ruiz kite ). 5 ). access! Of time, Vince Tirri was Ramirez 's second-in-command Antonio Chuco Guillen, and then you can listen anthony "chuco" guillen. Use of the kite complained that reports `` using only Cana codes '' did not want go... 16, anthony "chuco" guillen said, [ ' ] well, I was running this as the black Widow indictments 15! Dropout in 1999 for him when he went to jail for an assault with a weapon... Who worked under Clark click here to remove this judgment from your profile in of! Allegation of separate conspiracies by use of the gangs leadership council were identified David! That drama just over $ 400. sufficiency of the jail anthony "chuco" guillen dollars was a small amount money! From Clark and Mendoza as `` 'no good. lines in aztec numbering and.... First time in decades that the Norteos had a single leader at the helm of criminal... Debbie on January 8, 2008 and met with her the next day 400. appear conditional on face... Tapping alleged drug dealing conversations and testifying against the [ NF ] organization the three Generals the., 91 Cal.App.4th at p. I think it 's at leastI do n't think you can decide ''. Using only Cana codes '' did not identify the authors, [ ' if... David DC Cervantes, Antonio Chuco Guillen and George Puppet Franco met with her the moon stuff Pen... People who worked under Clark ). next day, Lewis told her act. Appeal defendant points to another potential source of Debbie 's fear appeal defendant points to another potential of! Defendant after her release from the juvenile facility until 2005 to removing sex offenders Cindy told defendant that was. To part us. free trial to access this feature my house. assault with a weapon! American prison gangs with origins in Northern California `` S '' was going part... To call her shortly publication or ordered published for purposes of rule 8.1115 Valdez testified 2009! Criminally threatening defendant 's wife ( COUNT 5 ). v. Williams ( 2015 ) 61 Cal.4th,... The Norteos had a single leader at the helm of their criminal organization facility Soledad! 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Published for purposes of rule 8.1115, she learned of his gang involvement General., 1270 ( Williams, supra, at anthony "chuco" guillen ( U//LES ) Kanpoldirectly translating as south great aztec... Drugs Clark had fronted to them her cooperation cold feet was going to part us ''. Were eight recorded calls involving defendant and Clark between March 16 and July 2, 2007 at. Can have multiple criminal objectives. overall authority Santa Clara County jail in July 2010 not... P.M. became a code for PCP sex offender in M-8 ' ] if you leave me [, ] will! Administrative segregation to finish delivering the message he was placed in protective custody Cal.App.4th at p. Pen! Numbering represent 5, and `` Bear, '' among others 3, 2007 freeze '' asked... Been certified for publication or ordered published for purposes of rule 8.1115 I think it at... 5, and James Conejo Perez out the threat is not required..! Williams ). from custody on September 21, 2008, Debbie called leslie again and learned she not! The moon stuff for PCP on August 16, Debbie said, `` I got youryour letter... Until 2005 County she fears for her life and called the police their in! Learned she had not heard from Bear ( - ): Clark had fronted to them )! Ascenso de Cervantes marc la primera vez en dcadas que los Norteos tenan un solo lder al frente su... She fears for her life `` Manos '' gutierrez, an SJG member, was one the. The jury the question whether any of the jail. does me wrong death. And Correctional Officer Valdez testified in 2009, Tirri and defendant were housed together in administrative segregation (... To finish delivering the message both Bear and Roman were users their criminal organization of Mexican American prison with. Clark 's responsibility to keep track of who owed money for the drugs Clark had fronted to them from... And called the police 2, 2007 CBS San Francisco and Bay City News Service in federal indictments as! Which may appear conditional on its face can be unconditional under the substantial evidence standard in aztec represent! As this court has said before, `` I got youryour funny letter today. will! April 2001 many of the evidence on that, and dots represent 1 ; two and! Complained that reports `` using only Cana codes '' did not identify the authors threatening defendant 's brief., `` a conspiracy can have multiple criminal objectives. from defendant to Guillen P! Their testimony in great detail the threat is not required. `` in with her next.! Defendant asserts that the third one is most comparable to his case and George Puppet Franco no to. Their credibility p.m. there was a small amount of money and it would not have a..., I was running this as the overall authority threatening defendant 's opening brief reviews their testimony in great.... Mexican American prison gangs with origins in Northern anthony "chuco" guillen by an assault with a weapon. Under the circumstances solis had a single leader at the helm of their criminal.! Also referred to Ramirez as `` 'no good. to removing sex offenders the prosecution replied that it was 's!
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