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. Rptr. App. In the 1980s, as the NF grew, it set up a farm team called the Northern Structure, or Nuestra Raza. The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the . There is no clear showing that an abuse of discretion occurred in the present case. 577, 534 P.2d 65].) 3d 446, 453 [171 Cal. In the instant case, evidence of the Nuestra Familia's criminal purposes was critically necessary to show why Dominguez was motivated to engage in the activities which led to Wolfie's death. For more info, see @itsavanlife on Instagram and our Facebook group,Full House: Inside the Bay Area housing shortage. In our opinion, this argument fails to demonstrate how motive could have been proved without showing that the Nuestra Familia engaged in criminal and violent acts and that members were obligated to commit such acts under penalty of their own lives. fn. The five-year sentence on the assault count was stayed pending completion of the sentence on the murder count. In addition to the defendants, whose ankles are shackled to bolts in the courtroom floor, the cast includes seven defense lawyers -- two apiece for the death penalty defendants and one for Vargas; Kitty Constantinides and her husband and co- counsel, Deputy District Attorney Charles Constantinides; and four or five armed and watchful bailiffs. The evidence about Castro's presence in the car was cumulative of testimony already provided by Hernandez and Villarreal. Grade A are individuals who are programming and follow our rules, for the most part. But now he's softened his approach with preppy turtleneck shirts and slacks. App. The prosecutor then asserted that, following the juvenile court fitness determination, a complaint was filed charging Castro with both the murder and assault counts. The facts to be recited are taken from the transcript of oral arguments on the section 995 motion.  Women are not allowed to become full-fledged members of Nuestra Familia, but are sometimes used for communication and drug-running purposes as they are considered less likely to be noticed by law enforcement agents. 3d 68, 72 [120 Cal. 55.5% of death-row prisoners have never married; 19.6% are divorced or separated; 21.3% are currently married; and 3.6% are widowed. sub. During his trial, prosecutors said members wanted to control San Joses drug trade and command respect on the streets, and to achieve those goals, members killed associates who disobeyed orders and witnesses who threatened to expose them.  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. 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.. We disagree. App. 6.13, 6.22)--also made it unlikely that jurors convicted Dominguez because [121 Cal. App. The jury of nine women and two men took 21/2 days to agree on the ultimate punishment, rejecting an impassioned argument by defense attorney Traci Owen emphasizing Paniaguas lousy childhood and his sisters pleas that his life be spared. , 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. The last time local prosecutors persuaded a jury to impose the death penalty was in 1997, when three Nuestra Familia gang members James "Huevo" Trujeque, Herminio "Spankio" Serna and Bobby. "Q. Officer Parker made his identification of Fuentes from photographs and photographic lineups. 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. Rptr.  While members of the Norteos gang are considered to be foot soldiers of Nuestra Familia, being a member of Nuestra Familia itself does not signify association as a Norteo. The judgments as to Dominguez and Castro are affirmed. & Inst. He admits that the details of his former life -- and the tattoos covering his arms, chest, neck and face -- probably didn't impress the jury when he testified against his former friends in Murphy's courtroom. A Northern Structure member who has admitted to setting up Sheila Apodaca and shooting down "Chocolate" Perez, Salazar was a passenger in Lopez's car during the high-speed chase in Fresno. 764-765). [121 Cal. Rptr. 2d 213, 222-224, 91 S. Ct. 210]; People v. Brawley (1969) 1 Cal. Mundo and Sailor killed the Reyes brothers but got caught by the police trying to return to Los Angeles. In 2008, San Quentin opened a new $853,000 death chamber at the prison - but it will never be used. fn. On October 21, 1977, Lasolla ordered Hernandez to go to Bakersfield with Dominguez and Castro so that appellants could report to their parole officer. The officers activated a siren and continued pursuit. Attorney General Kamala Harris announced the arrest of Nuestra Familia members on June 8, 2011 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. Hernandez said that he waited in the car while Dominguez and Castro attempted to "coax [Villarreal] into giving [them] some ammunition." On this Wikipedia the language links are at the top of the page across from the article title. The final tally left 11 wounded and mafia member . Rptr. 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 Chemistry of Death - 1 Temporada Legendado. Code, 187) and an assault with a deadly weapon (Pen. Of those who may yet be convicted, nine now face death. 254]. or take away the pain we feel inside, and it definitely doesnt stop us from missing my Comadre Letty and my nieces. "Especially drugs.". They just said they had a shoot out with police officers. Rptr. This evidence was relevant because (1) it explained the presence of the three men in Bakersfield on October 21, and (2) it showed that the men dutifully followed the orders given by Nuestra Familia superiors. Founded in 1968 in Folsom Prison or in the Soledad Correctional Training Facility, Nuestra Familia originated as a prison gang that was formed by rivals of the Mexican Mafia, a Sureos gang. Nationwide, as of October, there are over 2,500 men and women sitting on death row that consist of 1,062 Black people, 1,076 White people, 343 Latinos, 24 Native Americans, 47 Asians and one. 2d 655 [62 Cal. Before allowing introduction of this evidence, the trial court extensively [121 Cal. We reject the People's argument that Castro has waived assertion of the Bruton/Aranda issue because he did not move for a severance prior to trial. Tan Mui Choo was one of 18 inmates who Sister Gerard Fernandez walked with to the gallows. 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. I was already aware of the situation but didn't figure on the cancer spreading out so wide?! [Citations.]" He predicates this claim upon comparison with the sentence levied upon Dominguez, which included imposition of a concurrent two-year enhancement for use of a firearm. (People v. Owens (1980) 112 Cal. She grew up with that thing: I have to stick with my guy, he said of his late niece. The basis of this motion was that the trial court was obligated to suspend criminal proceedings and refer the matter to juvenile court if appellant was found to be a minor. 402], cert. As Dominguez stopped the car and Hernandez began to depart from it, the group began to scatter. Paniagua, 33, will join about 700 other condemned killers in California on death row. 3d 807, 823; People v. Morales (1968) 263 Cal. As noted earlier, David Hernandez was told to accompany Dominguez and Castro to Bakersfield and was given three orders to carry out. 3d 686, 690 [138 Cal.Rptr. Get free summaries of new California Court of Appeal opinions delivered to your inbox! In sentencing Castro, the court noted: "The crime involved great violence. The order will prevent the state from putting prisoners to death by. Rptr. None of the jurors could be immediately reached for comment. 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. AVONDALE, Ariz. Casi seis meses despus de que la duea de un saln de belleza de Avondale fuera asesinada en su negocio por su esposo, sus hijos y clientes mantienen viva su memoria. 3d 498, 507, 509 [165 Cal. 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." Moreover, the solid and credible evidence against Dominguez made it unlikely that a more favorable result would have been achieved had the testimony been excluded. FN 15. FN 9. "They killed their own. The Hispanics would have a lot more power in prison and on the streets if they weren't divided amongst themselves, i.e. However, in August 1998 a gang war broke out in Salinas when Captain Michael Castillo was marked for murder after being caught in the middle of a power struggle between two Nuestro Generals. FN 3. While the Mexican Mafia had initially been created to protect Mexicans in prison, there was a perceived level of abuse by members of La eMe towards the imprisoned chicanos from rural farming areas of Northern California. It's something like: The Mafia meets the Branch Davidians," said Deputy District Attorney Cameron Bowman, whose double-murder trial of four NF defendants began this month. Cadena made overtures to unite La Eme with the rival Nuestra Familia, but his peace talks with "the farmeros" were frowned upon by Joe Morgan and other senior Eme leaders. ), FN 21. 401]; People v. Watson (1956) 46 Cal. Yet even ex-gangsters like Salazar have trouble explaining their devotion to Nuestra Familia. There was bodily harm and one victim was shot in the leg, and of course another one was killed. 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. App. Lieutenant Robinson described how one prisoner viciously "retired" guards in the adjustment facility, and said prisoners were punished by fellow lags if they didn't take a chance to attack officials. fn. Now with respect to talking to or saying anything to you with respect to how the car was lost what did he say? FN 23. September 24, 1977 Death Row Joe Gonzales's order to murder of Nuestra soldier Eddie Serna for cooperating with authorities is passed on by Lieutenant Richard Din Castro to Robert Flores and Robert "Brown Bob" Viramontes. Similarly, Marina Cobos, a Nuestra Familia member acquainted with appellants, testified that gang members killing an enemy earned a "star," which represented respect and recognition within the Nuestra Familia organization. The family was split over the death penalty, but united against allowing Paniagua to plead guilty in exchange for a sentence of life without parole. Before Christmas, he contacted authorities and decided to work with them against Rubelcaba. App. The Constantinideses and some gang experts are confident that Nuestra Familia is on the ropes. ], This site is protected by reCAPTCHA and the Google. 3d 41, 50 [171 Cal. Hernandez did not testify that he and appellants had visited Villarreal on an earlier occasion. Quando uma segunda mulher assassinada, os habitantes da cidade se revoltam e o "recm-chegado" Hunter acaba virando um dos suspeitos. 20 Dominguez contends that the prejudicial evidence about Nuestra Familia activities outweighed its probative value in proving a motive for the killing.  Castro finally contends that he is entitled to additional custody credits and to good-time/work-time credits. & Inst. He was classified as a "Grade B" prisoner at San Quentin, based on violent tendencies and gang membership. We are not persuaded. One district judge accused the prison for allowing lags to writhe in pain as they died due to a lack of staff training and the poorly lit gas chamber used for injections. 3d 404, 408-409 [160 Cal. Ver en lnea gratis. ", Attorney Guerin Provini, who represents Bobby Lopez, chafes at the unfairness of cutting deals with the gang leaders, then using their testimony in seeking the death penalty against "the Munchkins. App. (1972)407 U.S. 917 [32 L. Ed. The trial court specifically stated, "Although I felt at first the drugs and prostitution should be left out I think you can certainly show, like you say, it is a criminal organization and not just a church group meeting on Sunday, but I don't want to get in, for instance, all sorts of crimes and I don't think you planned that. The cumulative nature of the evidence, coupled with the strong admonition of the trial judge, dissipated any injustice from admission of the evidence; thus, we find no abuse occurred when the court below refused to grant Castro's mistrial motion. "I guess a homicidal maniac could be telling the truth," said Provini. But the prison is still no walk in the park. 21 For these reasons, we find Perez inapposite to the present circumstances. In the summer of 1991, that came up a few times.". Two of the defendants face the death penalty for ordering murders related to the drug trade. According to the indictment, the 17 racketeering defendants were members and associates of the Nuestra Familia ("NF") prison gang, a violent and lucrative organization formed in the 1960s. Rptr. All Nuestra Familia recruits are told of the day when an unnamed Latino inmate's shoes were stolen by a member of the Mexican Mafia, the prison gang whose roots twine deep in the barrios of East Los Angeles. 907].) In spring, Brown Bob was shot seven times in his arms, legs, chest, and back while watering his rose bushes, and he died in his garage. The indictments against the Nuestra Familia, released in 1992, charged 21 defendants with plotting and committing six murders. Tracey Kaplan is a reporter for the Bay Area News Group based at The Mercury News. Rptr. Although initially stating that both appellants made the statement, Villarreal clarified that it was only Dominguez who actually said "they had dropped a card and they had got them good and he had seen one of them drop." Not so. [1b] Applying the above principles, we believe that the jurors could rationally infer that there was a "continuing" conspiracy when Castro made his statements to Hernandez. (Accord People v. McFarland (1971) 17 Cal. FN 19. (People v. Guillebeau (1980) 107 Cal. The last meals of US prisoners on death row. With regard to Dominguez' references to Castro in the tapes, the court ruled, "I think they have admissibility against Sammy Dominguez to show he knows Tonito and none of them accuse Tonito of anything." At some point, the three men picked up Manuel, and Dominguez drove to a house where Chollo could supposedly be found. 3d 592, 595-598 [171 Cal. During questioning by the prosecutor, witness Cobos related the following as part of a conversation she earlier had with appellant Dominguez: "Q. (California Department of Corrections and Rehabilitation via AP), Connect with the definitive source for global and local news. Thirteen of the defendants faced the death penalty. The abstract of judgment allows Castro only 220 days of custody credits. The enterprise consisted of members and associates of the Nuestra Familia prison gang as well as Norteo street gangs in Salinas and the surrounding areas. Brian Parry, head of the Special Services gang unit for the state Department of Corrections, says that big prosecutions are often followed by a flurry of gang activity, as the second-string thugs compete for the vacant positions. fn. On the day after the shooting, Castro went to the Briseno residence and Hernandez asked him to relate his version of what had transpired at the Virginia Street residence. 82]) unless an attorney consults with the defendant in a room designed for that purpose (People v. Lopez (1963) 60 Cal. FN 1. 6 [102 Cal. 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. My daughter and my grandchildren didnt get a choice, so why should he? Chavezs mother, Dorothy Gutierrez, said. The gang was an enemy of the Mexican Mafia, and it decreed that all Nortenos ("northerners") were members of the NF, granting them protection from "La Eme" (the Mexican Mafia) behind bars. A gang member sentenced to death in 1997 for multiple murders in San Jose died at San Quentin State Prison on Monday, according to the California Department of Corrections and Rehabilitation. Castro was "hit" in one of his fingers. They were unsuccessful in this attempt. Both Dominguez and Castro reported seeing someone "drop" during the shooting. 393, 528 P.2d 1], disapproved on other grounds in People v. DeVaughn (1977) 18 Cal. (People v. Guerrero (1976) 16 Cal. App. The gang is allies with the Bloods, Crips, and Black Guerrilla Family, while it is hostile towards the Mexican Mafia, Mexikanemi, MS-13, Texas Syndicate, Fresno Bulldogs, Nazi Lowriders,Aryan Brotherhood, Public Enemy No. FN 10. When the shooting started, Fred and Alex Santa Cruz and Steve Fierro ducked behind David Rodriguez' car. Since California reinstated capital punishment in 1978, 79 condemned inmates have died from natural causes on the nations largest death row, while 25 have killed themselves and 15 have been executed. Rptr. Shortly thereafter, however, on September 12, 1986, defendant got into a struggle with deputies who were transporting inmates from the Riverside County jail to court. While the recognized leaders of Nuestra Familia in Pelican Bay ask that members respect the former leaders, they have been effectively stripped of their authority. 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." fn. Rptr. Law enforcement authorities seized 40 pounds of cocaine, 14 pounds of marijuana, and dozens of firearms. 3d 509] failed parole miserably. 203]. The families of the victims are noticeably absent from the courtroom. fn. Nuestra Familia, which claims San Jose as its home turf, is second in influence. We are not persuaded; however, before giving our reasons, we believe it important to reexamine the challenged testimony. 853-854 (statements involving concealment after the objective of the conspiracy has been fulfilled)), the present circumstances show otherwise. 353, 407 P.2d 265]) violation. 2d 518.) Rptr. The NF imposed "gang taxes" on drug dealers and prostitutes to help them gain a flow of income, and in the 1990s, their ranks swelled to more than 1,000 gang members. Frias did not get the orders to not kill him, and a hidden security camera showed Frias shooting Sanchez in the back of the neck - Sanchez was killed, and he fell into the alley. A proper calculation demonstrates, however, that he was entitled to 228 days. Rptr. Code, 604.) Following a 22-day trial, the jury returned guilty verdicts and found the allegations alleged in the information to be true as to both defendants. The NF fell into disarray, and Casper was still undercover when the chaos began. No contrary result is dictated by the recent case of People v. Fulks (1980) 110 Cal. Rptr.  Pursuant to Penal Code section 995, Castro pursued a pretrial motion in which he claimed that the assault count of the information must be set aside. Casper was sent back to prison for communicating with the gang, violating his parole, and was sent back for six months. Rptr. (hg. dism. 3d 490], The three men then drove to another location in Bakersfield and contacted Eugene Villarreal. 28-29; Jackson, supra, at pp. [1a] Dominguez initially contends that the lower court erred in failing to exclude appellant Castro's extrajudicial statements to Hernandez because they were prejudicial hearsay statements not within the coconspirator exception to the hearsay rule. 3d 889, 896, fn. Rptr. In the letters, the writers often assume women's names, substituting Rhonda for Ron, for instance. The police warned Castillo about the NF threat, but Castillo ignored them. Code, 12022, subd. In addition, Alex Santa Cruz testified that Freddie Fuentes was present at the party where the shooting occurred. (Id, at p. 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. Since no reasonable expectation of privacy exists in jail telephone conversations and the [121 Cal. Having sex with another gang member's woman is strictly against the 14 Bonds. He indicated that members frequently "buy services of different convicts that have job assignments where we might need them" and that new arrivals in the gang "are also taught how to make weapons within the prison."