When the shooting started, Fred and Alex Santa Cruz and Steve Fierro ducked behind David Rodriguez' car. When compared with the enormous growth of California's prison industry, the effect of the Nuestra Familia trials in San Jose -- and a recent federal prosecution of the Mexican Mafia -- are hard to measure. App. den. Each individual 6x9 foot cells are covered in tight heavy mesh - making seeing outside almost impossible. 733], " it is [not] Bruton or Aranda error to admit in evidence the admission or confession of one defendant, which reflects his commission of a crime that is revealed by the physical evidence, because it might reflect on the issue of whether or not a crime was actually committed by not only the declarant but also by another, whom evidence, other than the confession, links to the declarant's activities." Subsequently, however, Villarreal said that both appellants remembered seeing someone drop at the scene of the shooting. 3d 505]. The nickname "Silent" is a kind of joke, prosecutors say, because Lopez is famous for talking too much. Behind the rhetoric of racial pride lurks the constant threat of sudden death, and not from a stranger's hand. Instead, prosecutors say, the 10 victims were executed by their own underworld friends and "family" in a misguided campaign to revitalize the Nuestra Familia prison gang in San Jose. (See People v. McFarland, supra, 17 Cal. They found no shortage of young men willing to sign up, with money and power seducing many Mexican-Americans to joining the gang. App. Paraplegics have a shorter- than-average life spans, and a gang snitch paraplegic in state prison faces even greater risks. The Epps court concluded that a defendant's statements which did not directly inculpate or refer to his codefendant were not substantially incriminating to the nondeclarant defendant in light of other evidence showing that the two men were acquainted with each other. Gangs like the Mexican Mafia, Nuestra Familia, Nazi Low Riders, the Bloods, and the Crips also operate in the prison. In the summer of 1991, that came up a few times.". Most of Lasolla's orders came from Death Row Joe Gonzales, one of the head leaders of the Nuestra Familia, who was in state prison at the time. Nuestra Familia -- "Our Family" in Spanish -- has been a burr in the tail of law enforcement since 1968, when, as myth has it, the organization sprang to life in the exercise yard at San Quentin. Their only way to earn their status as the NF was to spend time in prison. The police warned Castillo about the NF threat, but Castillo ignored them. At a later point, defense counsel moved to strike the testimony, and this motion was denied. App. Nuestra Familia | The Godfather Video Game Wiki | Fandom We agree. App. Rptr. The officers activated a siren and continued pursuit. But prosecutors say the coded messages were far from playful, serving to order hits and announce the results. [11] Pointing to the fact that he was sentenced to life imprisonment plus a one-year enhancement per Penal Code section 12022, subdivision (a), Castro now contends that imposition of the enhancement was an abuse of sentencing discretion and a denial of equal protection. According to prosecutors, the order to kill Apodaca was placed by phone from the fourth floor of the county jail, where Lopez was being held on other charges. He became a suspect in Sailers death after a positive DNA hit in 2006. In particular, the judge instructed jurors that "No act or declaration of a conspirator that is committed or made after the conspiracy has been terminated is binding upon his coconspirators, and they are not criminally liable for any such act." In addition, Hernandez testified that he was ordered, among other things, to accompany Dominguez and Castro to Bakersfield so that they could report to their parole officer. (People v. Love (1977) 75 Cal. Ver Death Row Diner [1988] Pelcula Online Completa App. Dominguez made a U-turn and drove by the residence a second time. Hernandez opined that the fleeing person "was trying to dodge bullets." He worked for high-tech firms and a medical equipment company until his wife got pregnant by a fellow gang member, and then his life nose-dived into depression, drugs and violence. Rptr. Hernandez did testify that Dominguez did not fire any weapon on this occasion. [121 Cal. Moreover, since the .22 weapons in question were respectively found in the white station wagon and a flower bed near the Virginia Street residence, Farr's testimony independently established that the guns came from the Salinas area and tended to materially negate any claim that the guns could have come from another location. 1137]) is misplaced. The inmates interact like volatile chemicals: if you open their cells in such a way as to put, say, a lone member of Nuestra Familia in a crowd of Mexican Mafia, the mix can explode violently. Thus, since Castro's statements were admissible under the coconspirator exception, there was no confrontation or Aranda (People v. Aranda (1965) 63 Cal. Nuestra Familia is one of a constellation of race-based prison gangs that organize and direct the growing subculture of California's inmates. Asesinato de Abby Choi - Wikipedia, la enciclopedia libre The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the . [14] Thirteen of the defendants pleaded guilty; the other cases are still ongoing. FN 26. The gang continued to carry out violent actions even after the downfall of 21 of their leaders. But when youre in the Adjustment Center if you want to live amongst the population, you have to do as the population order or dictate that you do.. Rules of Court) and involved a defendant who had engaged in a pattern of violent conduct, was on parole when the crime was committed, and had evidenced unsatisfactory performance on parole (rule 421 (b)(1), (4), (5), Cal. A determination of fitness on the murder count effectively transferred jurisdiction to the superior court pending the filing of a complaint by prosecuting authorities. In sentencing Castro, the court noted: "The crime involved great violence. 3d 78, 85 [81 Cal. The respective conversations occurred on October 22 and 28, 1977. No. Overwhelming evidence independent of the references in the taped conversations showed the joint participation of Dominguez and Castro. As the verdicts were read to a hushed courtroom filled with the victims relatives and lawyers eager to learn the outcome of the rare capital case, Paniagua had no visible reaction. So . But given the amount of double- dealing on the part of almost everyone involved, it's a mystery why the familianos trusted each other at all. Lopez v. Specter, No. C 06-02007 WHA | Casetext Search + Citator In the absence of a clear showing that its sentencing discretion was arbitrary or irrational, a trial court is presumed to have acted to achieve legitimate sentencing objectives and its discretionary determination to impose consecutive sentences will not be set aside on review. [8] Castro then contends that the trial judge erroneously allowed the People to introduce taped jail conversations between appellant Dominguez and Dominguez' mother, since certain statements in the conversations tended to inculpate him. He decided to go to the garage so that his wife and two sons were not killed in the house, and the message showed that even the leaders were able to be targeted. The San Jose spate of killings was allegedly set in motion on April 19, 1990, when Louie "Dumptruck" Chavez was paroled from Pelican Bay State Prison carrying a hit list allegedly drawn up behind bars by the Mesa, the Nuestra Familia's ruling council. 3d 493] the officers observed a similar vehicle at a nearby intersection. Rptr. Arroyo is serving 20-to-life; Shelton got 25- to-life for each of the four murders he confessed to. App. 3d 686, 690 [138 Cal.Rptr. The group operates both within and outside of state prisons. Holly, paternal grandmother Arla (Neitz) Parker (Myles) of Port Trevorton . George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Roger E. Venturi and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent. The Constantinideses and some gang experts are confident that Nuestra Familia is on the ropes. "But we didn't go out and kill enemies, we went and killed ourselves. After a five- to twenty-minute interval, no one showed up at the residence, and Castro told the men about a place where they could obtain some more ammunition for the .38. 3d 500], The lower court did not abuse its discretion by admitting limited evidence about the Nuestra Familia's criminal purposes. Early in the trial, one female reporter was hustled out of the room and threatened with arrest when a bailiff mistakenly accused her of smiling and nodding at a defendant. 3d 301, 308-309 [104 Cal. 11 At the request of both appellants, Villarreal entered the station wagon and agreed to accompany the three men for purposes of obtaining more ammunition for the .38. 10 Dominguez reached across Hernandez, who was in the front passenger seat, and fired two shots from a .22 revolver directly into the crowd. Hernandez reported the information from Castro, as well as other information about the shooting, to Salinas Lieutenant Lasolla. 2d 803, 92 S. Ct. 2452]; People v. Martin (1955) 45 Cal. 3d 807, 823; People v. Morales (1968) 263 Cal. Rules of Court.) In December 2000, another Nuestro General stepped in on Casper's behalf and Cuete backed off the hit order, but Casper wanted revenge. 2 Hernandez described the Nuestra Familia as a rigid, militaristic organization in which members are required to follow orders and to remain loyal to the group under penalty of death. Another prisoner John Mattox was transferred to San Quentin while showing signs of Covid. During questioning by the prosecutor, witness Cobos related the following as part of a conversation she earlier had with appellant Dominguez: "Q. It notes that death row and its supporting activities are in the same . He saved the D.A. 3d 508]. California gang member dies while awaiting execution | AP News 263]). Stretch, U.S. Assistant Attorney General Leslie R. Caldwell of the Justice Department's Criminal Some of the victims had no close family or had destroyed their family ties through drug use and criminal activity. ], This site is protected by reCAPTCHA and the Google. In 2000 and 2001, 22 members were indicted on Racketeer Influenced and Corrupt Organizations Act (RICO) charges, including several who were allegedly serving as high-ranking gang leaders while confined in Pelican Bay. 577, 534 P.2d 65].) Fred Santa Cruz testified that someone in the station wagon yelled "Wolfie" and that Steve Fierro responded, "Here I am.". 764-765). 3d 150, 153 [98 Cal. 649, 491 P.2d 1], app. While Hernandez and appellants were purchasing liquor, Castro told Hernandez that he had information that the Fierro brothers often frequented the park across the street. Sammy Simenthal Dominguez and Anthony Castro were charged with having committed murder (Pen. Nonetheless, since Dominguez also challenges the testimony of Hernandez, the present contention is preserved for appellate review. (hg. When the bullet-torn bodies started turning up on the streets and playing fields of San Jose, it was quickly obvious that a gang war had broken out. FN 24. The gist of Castro's present contention is that the superior court erred in determining that the municipal court had jurisdiction to proceed on the assault count without referring the matter back for a second fitness hearing before the juvenile court. Prison personnel gave Serna CPR and called an ambulance, but he was pronounced dead about 8:35 p.m. A cause of death is pending. His partners in crime, 66-year-old James Trujeque and 53-year-old Bobby Lopez Jr., were also sentenced to death that year for a series of gang-related murders in the San Jose area. The People correctly note that the evidence relating to gang membership is different than the "criminal propensity" character evidence prohibited by Evidence Code section 1101, subdivision (a). 401]; People v. Watson (1956) 46 Cal. It was just him and Tonito that were in the car and they had a shoot out with the police officers and the car spun around and Tonito got away but some innocent fool--" Over defense objection, the court denied Castro's motion for mistrial, although sustaining the objection as to Castro and admonishing jurors that Dominguez' statement was not admissible as to Castro. He looks keenly at everyone who enters or leaves the courtroom, though spectators are warned not to look back, because communication with the accused is strictly forbidden. Oregon,[6] Texas, Utah,[7] Washington[8] FN 11. Under rule 425 of the California Rules of Court, criteria affecting the decision to impose consecutive rather than concurrent sentences include: crimes involving separate acts of violence or threats of violence; crimes involving multiple victims; crimes having circumstances in aggravation. 3d 490], The three men then drove to another location in Bakersfield and contacted Eugene Villarreal. Or, as Chaucer would have said, guilty because of his membership in the "Parliament of Fowles.". [20], In April 2010, federal and local law enforcement agencies concluded what was considered the most significant effort to dismantle the Central Coast leadership structure of Nuestra Familia. Although conceding that "some evidence of the gang's tenets as contained in their constitution was admissible to show intent and motive," Dominguez argues that "motive could have been established without reference to the gang's other, non-related, criminal endeavors." A proper calculation demonstrates, however, that he was entitled to 228 days. Castro also presented evidence showing that he was in custody at juvenile hall on October 16 and made an appearance at a court proceeding on October 25. All right, I will still overrule the objection because it does tend to show it is a criminal organization. by SUR 14 May 19th, 2008, 11:21 pm, Unread post The appellate court agreed stating, "As proof of the defendants' membership in the Hell's Angels was relevant to proof of motive and was material and necessary, we cannot say that the trial court erred in concluding that the evidence's probative value outweighed its prejudicial effect." Castro was "hit" in one of his fingers. Although the defendants alleged that the evidence would have an inflammatory effect on the jury, the court determined that membership would be admissible to prove their identity and motive. 1997-09-13 04:00:00 PDT SAN JOSE -- Three members of the Nuestra Familia prison gang were sentenced to death by a San Jose jury yesterday, bringing to an end a grueling yearlong murder and . The national death-row population has declined for 20 consecutive years, as sentence reversals, executions, and deaths by other causes are outpacing new death sentences. The facts necessary for a resolution of this contention are as follows. June 12, 1981. Navarro opened up about her mother after she confirmed her mother had died. It was an idiotic way of doing crime.". Rptr. The Kern County Superior Court is directed to prepare a modified abstract of judgment indicating that appellant Castro is entitled to 228 days of custody credits and thereafter forward a copy of the modified abstract of judgment to the California Department of Corrections. 3d 499] exceeded its prejudicial effect. It's other Hispanics.". On 24 January 2001 in Tracy, California, Casper set up a meeting with NF chiefs, which was monitored. Northern District of California - United States Department Of Justice For more awesome content, check out: http://whatculture.com/ Follow us on Facebook at: https://www.facebook.com/whatculture Catch us on Twitter: https://twit. He then set their bodies on fire and went outside and smoked a cigarette. [19], Since the written constitution of the Norteos stated that the gang's leaders resided in Pelican Bay State Prison in California; the relocation of the five leaders led to turmoil among its members. Because the theft of the guns from the Watsonville store cannot be conclusively attributed to the Nuestra Familia or either of the appellants, Dominguez argues that the testimony was "totally irrelevant" and that "the jury would more easily believe they are murderers also having learned appellants might be thieves, " The People argue that [121 Cal.
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