anthony "chuco" guillenpulte homes raleigh corporate office

." He said he would be paying her money for defendant. ", 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. Defense counsel asserted that Ruiz had testified "[']I got a kite about Henry Leyvas that said that he had raped somebody's sister. 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. "So I'm conceding, essentially like I did in my opening statement, there's a conspiracy to distribute drugs, and this is another issue, and I'm expecting that you will find Mr. Guzman guilty, at least as those two counts. He asked what and she answered, "The [']literally['] part." [']" Mendoza testified that people break gang rules all the time. He had another message from "Junior," a nickname for defendant. When Debbie told Clark about the call on February 5, 2008, she said Rodriguez was drunk, "acting smart" and "rude." He's to be dealt with ASAP.' . Appellate counsel for both sides make some factual arguments not presented to the jury. Debbie Guzman was well aware of the possible repercussions of wire tapping alleged drug dealing conversations and testifying against the [NF] organization. 1012-1013.) Defendant gave him a quarter pound initially. CONSPIRACY TO SMUGGLE DRUGS INTO JAIL (COUNT 4). 553.) . 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 . The remaining leadership of the organization in 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. Cervantes admitted that he would not testify against defendant due to fear of retaliation and that he had received defendant's written permission to testify. WebAntonio Chuco Guillen (Nuestra Familia General) Chuco is doin 25-life for his role in killing an NF dropout in 1999. A Sureo gang member who was the ex-husband of Clark's wife and an ally confronted Clark at home that evening. La Positiva 31.12.2022. 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. Instead, what defense counsel argued was: "when she got up on that witness stand and was asked about that letter, and she said, [']well, to tell you the truth,['] or words to that effect, [']I really [didn't] take it seriously at the time. Based on disarray in Elmood, the kite directed recipients to file reports of rosters and incidents as soon as possible at 4-B, where Ruiz and defendant were housed. Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT. At that moment, the threat became very real. She asked him not to leave her. Citation. ( 667, subd. Cindy told defendant that Greg was going to talk to Pookie. 539, 543), various NF members testified about the organization and its criminal activities between approximately 1989 and 1993. There was testimony about Guillen's communication with leaders of other NF regiments. His son Danny and Stephanie helped. Actual cause is used in its ordinary sense in that instruction. In contrast, being put "on freeze" means the gang was looking into your gang credentials. According to Frank Ruiz, there is no protocol to removing sex offenders. Roman said he had not touched it. They sometimes spoke during a three-way call involving Debbie. Carlos Roman brought the drugs to Cervantes and went to retrieve them when Cervantes failed to act. That day Debbie went to the office of the investigators and agreed to cooperate. 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. A separate indictment charged defendant with being a felon in possession of a weapon (count 1; 12021, subd. 1338.) (a).) One of the cases cited as favoring presenting the issue to a jury was this court's opinion in Jasso, supra, 142 Cal.App.4th 1213. The victim in that case testified that "she did not initially take appellant's words as a threat because appellant was always joking around. change. He received two ounces of PCP from Mario Cisneros every seven to 10 days. . "[T]he evidence in this case shows only one conspiracy, not the six separate conspiracies charged by the indictment." (Id. Debbie commented, "all that drama just over $400." I don't think they have proven an agreement. . The film is based upon an original screenplay by Floyd Mutrux and Desmond Nakano. She stated, "I said I wouldn't do that, you dork. As they lived together, she learned of his gang involvement. Who started the Norteos? (People v. Young (2005) 34 Cal.4th 1149, 1181.)" 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. Mendoza was also the commander of a NF regiment in San Jose in 2003 until his incarceration in June 2004. Debbie said that defendant was eager to get the money. ." She got up on the stand and said, [']I didn't take it seriously. We assume that defendant is referring to the five conspiracies described in his summary of counts 2, 3, 4, 6, and 7 of the indictment. ' " [Citations.]' Apellido Apellido Primer Segundo Nmero de la. 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. Conditional threats are true threats if their context reasonably conveys to the victim that they are intended. Ramirez was arrested on February 20, 2008. 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 She said she told Rodriguez she had to report to defendant, not to him. 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. Defendant argued that the prosecution's evidence was inconsistent about whether prior approval or an investigation was required to assault a sex offender like Henry Leyvas. The appellate court acknowledged that these words by themselves "did not articulate a threat to commit a specific crime resulting in death or great bodily injury." Greg said Droopy was going to cover it. In some cases inmates with a problem with NF are placed in 4-B3 to determine their status with the NF. According to gang expert Valdez, when an inmate comes to an institution, the prison gang will ask for the inmate's paperwork. I think it's at leastI don't think you can reject Frank Ruiz's testimony. He did not investigate the claim that Leyvas had tried to rape someone's sister. According to Sergeant Lewis, a sex offender living in a gang member's area in jail could be assaulted without anyone's prior approval. Cervantes acknowledged that defendant had once fronted him a quarter pound of methamphetamine that Cervantes was unable to sell. * Enter a valid Journal (must WebThe US federal law enforcement agencies which had long failed to infiltrate the from CRIM JUSTI CJS 230 at University of Phoenix Antonio Guillen was not a witness, though he was described by several witnesses. The conversation turned to sex. ." 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. "[T]he only possible inference [is ]that there was one conspiracy to establish a street regiment to distribute drugs, PCP and methamphetamine." 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. Defendant did not argue to the jury that the fear his letter caused Debbie was superseded by an intervening cause. at p. The Ruiz kite described a dispute at Elmwood concerning who was in charge and a Northerner who was falsely claiming to have the higher status of a NF member. Defendant's opening brief reviews their testimony in great detail. In the other two were Frank Ruiz and Marco Abundiz. [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. C. CRIMINALLY THREATENING DEFENDANT'S WIFE (COUNT 5). This court recognized that "[a] trial court is required to instruct the jury to determine whether a single or multiple conspiracies exist only when there is evidence to support alternative findings." Debbie said defendant was mad about how Rodriguez had confronted her. "[H]e was acting smart and he was acting rude and he was like saying how come you didn't tell us your house got raided . Cervantes testified that he was never assaulted while in jail before he bailed out in September 2007 or when he returned. Sergeant Lewis and Debbie had differing recollections about why he decided to relocate her on February 18, 2008. He did not deal directly with defendant because he heard defendant "was really hot.". They married in October 2005. (Ibid.). Debbie did not testify, contrary to defendant's appellate arguments, that she would have been as afraid of NF reprisals without his written threat. However, count 5 was not predicated on that conversation, but on a letter from defendant to Debbie postmarked August 15, 2007 that included the following passage. According to defendant, "all the evidence is that he was 'on freeze' at the time [the kite] was issued." On appeal defendant contends that the phrase "actually caused" in CALCRIM No. Another kite threatened someone to do a "removal," a term for murder, saying, "You are to conduct a removal within two or three weeks and if you don't, you will face violence," she said. "So he's just relaying information that has been related to him. Before trial, in a motion to set aside the indictment defendant contended that "Counts 2, 3, 4, 6 and 7 should either be set aside or consolidated into one single conspiracy count" instead of being pursued as separate conspiracies. Clark did meet defendant's brother Greg "Joker" Guzman in San Quentin. The three Generals of the gangs leadership council were identified as David DC Cervantes, Antonio Chuco Guillen, and James Conejo Perez. Debbie had another telephone conversation with Clark on February 16. You would not." . Clark testified that when he was defendant's second in command, he did not collect dues from regiment members. The prosecutor also argued that, despite the joviality of the first call, defendant was concerned about the amount of information Debbie had about him. When Clark was in San Quentin Prison, as tier security and a block general for the NF he reported in writing to defendant, who was the NF Authority in Charge of the prison. Facebook gives people the power to share and makes the world She told him that Rodriguez had called her drunk one day. They reminisced about how Ochoa used to sell a cut pound of methamphetamine to defendant for $6,500, but he said no one wanted cut stuff anymore and a pure pound cost $20,000. Ruiz told him not to worry about it and just pay it off after his release. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Debbie resumed using PCP with defendant in 2006. B. As we have summarized above (in part II.A.5), there was evidence in this case that some regiments continued to operate that way, but not defendant's. " [Citations.] . It is up to the conspirators to establish the primary goal or goals of the conspiracy. ", A conspiracy is usually regarded as continuing until the target offense is committed unless it is frustrated or abandoned. An act causes [fear], only if it is a substantial factor in causing the [fear]. El ascenso de Cervantes marc la primera vez en dcadas que los norteos tenan un solo lder al frente de su organizacin criminal. Antonio Guillen was not a witness, though he was described by several witnesses. Or when he returned went to the anthony "chuco" guillen to establish the primary goal or goals of the.... 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