Despite the fact that they are facing -- at the least -- a life behind bars, the defendants seem to bask in the perverse prestige of their dangerous-gangster roles. App. by Common Sense August 23rd, 2007, 11:01 am, Unread post 3d 501] of his association with the Nuestra Familia. The defendants' unseemly scramble to turn coat not only made the cases easier to prosecute -- it began what law enforcement hopes may be the unraveling of the gang itself. ], This site is protected by reCAPTCHA and the Google. 28.2% of death-row prisoners are age 25 to 44. and 54.8% are 50 or older. But the first thing Chavez did with the hit list was to quietly slip it to his parole officer, prosecutors say. den. The California Department of Corrections is directed to forthwith give full effect to the modification stated above and is directed to determine the presentence [121 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. At a subsequent point in the record, the trial court did instruct the jury that "these jail tapes of course were the voice of Sammy Dominguez and apply only to Sammy Dominguez." [23] After months of investigation, at least 37 alleged gang members were arrested during the raids conducted. [121 Cal. 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. [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. 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. All three men were convicted of conspiracy to commit murder, robbery, extortion and witness intimidation. Gavin Newsom signed an executive order to impose a moratorium on the death penalty in California. 3d 592, 595-598 [171 Cal. Two jurors indicated they would be biased and were excused for cause. The defendants are accused of killing Tony "Little Weasel" Herrera, Larry Valles and Esteban Guzman, alleged drug dealers who reportedly balked at paying taxes to the gang; Eli Rosas, said to have "disrespected" other gang members; Marcos Baca, thought to be a snitch, whose body was found on the grounds of Santee Elementary School; and Ray "Chocolate" Perez, a gang wannabe who may have made the mistake of breaking gang rules. 6 [102 Cal. Rptr. Forte is currently serving life in prison on a murder conviction out of San Francisco. The NF has a formal written constitution and a membership of approximately 250, with an additional 1,000 associates. 4 While at a Salinas apartment headquarters of the Nuestra Familia, Hernandez was ordered to stay in Salinas. No executions have taken place since 2006, when 76-year-old killer Clarence Ray Allen was killed by lethal injection. [20] Former California Governor Arnold Schwarzenegger had complained that keeping the five remaining gang leaders located in the same prison only continued to add to California gang violence, and that they should be scattered throughout different prisons. 731]; see also People v. Penrod (1980) 112 Cal. [12] Castro finally contends that he is entitled to additional custody credits and to good-time/work-time credits. Death Row Diner ver en lnea gratis. (a)). In addition, it was alleged that Dominguez personally used a firearm within the meaning of Penal Code section 12022.5. 's lives, and continued to host meetings over the next four months that were taped. Two of the defendants face the death penalty for ordering murders related to the drug trade. Serna, nicknamed Spankio, was sentenced to death by a Santa Clara County jury in 1997 for the murders of Esteban Guzman, Marcos Baca and Sheila Apodaca. Alex Santa Cruz suffered a gunshot wound to his right leg while "doing somersaults and doing flips to try to avoid being hit" in a nearby grassy, open lot. He saved the D.A. 2d 803, 92 S. Ct. 2452]; People v. Martin (1955) 45 Cal. Rptr. Rptr. 3d 503]. App. [16], Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. App. Wolfie left Fred Santa Cruz' presence, and Fred crawled underneath a car. App. ", Another of the bitter legacies of Sheila Apodaca's murder is that her son, now 9 years old, is growing up an orphan -- his father died several years ago -- in the same small town as one of Bobby Lopez's sons. Officer Parker made his identification of Fuentes from photographs and photographic lineups. FN 13. FN 15. At the same time, Cuete Rubelcaba ordered a hit on Casper, whom he used as a scapegoat - Rubelcaba was accused of embezzling money from the gang, so he decided to pin the blame on Casper, the only person who knew that he stole from the gang. [14] 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. People v. Dehnel (1979) 99 Cal. Under Gov . Gangs like the Mexican Mafia, Nuestra Familia, Nazi Low Riders, the Bloods, and the Crips also operate in the prison. (See Pen. 1454].). Serna had been on death row since Nov. 26, 1997. In both Chambers and Jackson, the prosecution introduced a large quantum of evidence which dealt with crimes committed by codefendants and unconnected to acts undertaken by the respective defendants. Mexico and El Salvador has received the most international recognition for street gang development as a result of US deportation, but other countries in South & Central America & the Caribbean including Argentina, Belize, Bolivia, Chile, Colombia, Costa Rica, Cuba, Domincan Republic, Ecuador, El Salvador, French Guiana, Guatemala, Guyana, Haiti [d'Hati], Honduras, Jamaica, Mexico [Estados Unidos Mexicanos], Nicaragua, Panama, Paraguay, Peru [Per], Puerto Rico, Suriname, Uruguay, Venenzuela and many other islands in the Caribbean. It was an idiotic way of doing crime.". 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. Immediately thereafter, [121 Cal. . App. Appellant now contends that the evidence about his parole status was irrelevant to the case and was tantamount to introduction of "criminal propensity" character evidence banned by Evidence Code section 1101, subdivision (a). (Welf. 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. In December 2000, another Nuestro General stepped in on Casper's behalf and Cuete backed off the hit order, but Casper wanted revenge. 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. In addition, the court denied counsel's motion for mistrial with regard to a certain portion of Cobos' testimony. [121 Cal. 2d 770, 785 [76 Cal. State prisons department spokeswoman Terry Thornton said: Theyre meant to do a great deal of damage.. She grew up with that thing: I have to stick with my guy, he said of his late niece. On a self-appointed mission of vendetta, Sailor Boy and Mundo journeyed up to Bakersfield to visit two Nuestra Familia drug dealers. 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. 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. The five-year sentence on the assault count was stayed pending completion of the sentence on the murder count. 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. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. Fabio Garza a Nuestra Familia soldier is murdered for stealing money belonging to the gang and using heroin. 649, 491 P.2d 1], app. No contrary result is dictated by the recent decision of People v. Perez (1981) 114 Cal. Members swear fealty to the gang and vow to uphold the "14 Bonds," which mandate secrecy, obedience and respect within the gang. Castro hypothesized that the Fierros were the individuals in the yellow car who had shot at them, mentioning the name of "Wolfie" [121 Cal. Currently, county prosecutors have only one other capital case pending that of Melvin Forte, who is charged with kidnapping, raping and fatally shooting Ines Sailer in January 1981. [Crim. What happened then is unclear; no one knows the fate of the disputed shoes. The final tally left 11 wounded and mafia member . 269]; cf. App. 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. 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 Lopez were sentenced to death for multiple killings. The judgments as to Dominguez and Castro are affirmed. Now with respect to talking to or saying anything to you with respect to how the car was lost what did he say? Si bien la familia de una vctima no se puede restaurar cuando se lleva a cabo una ejecucin, un castigo menor socava el valor que le damos a la proteccin de la vida. "Wolfie" Fierro was believed to be a sympathizer of the Mexican Mafia, a rival gang. Castro's counsel had no objection to introduction of the October 22 conversation, although he did object to those portions of the October 28 conversations which referred to Castro. 45], citing People v. Woodberry (1970) 10 Cal. Rptr. 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. Rptr. Before addressing these contentions, we believe the relevant facts should be set forth. granted July 16, 1980); Robinson v. Superior Court (Cal.App.) It happened in May 2009 in Arivaca, a desert community, 10 miles north of Mexico. 3d 146, 157 [109 Cal. She also carried information to superiors [121 Cal. In addition, the trial court gave an oral admonition and closing instructions fn. 15. Hernandez asked for Castro's account because "as a squad leader I was obligated to get all the available information of what had happened so I could in turn inform my lieutenant." 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. Hernandez did testify that Dominguez did not fire any weapon on this occasion. The court also admonished that the evidence should not be considered against Dominguez if no conspiracy was found. App. [20] Cervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. 263]). Both Dominguez and Castro reported seeing someone "drop" during the shooting. App. On October 9, 1977, Hernandez was released from state prison and directed by the prison's Nuestra Familia lieutenant to make contact with certain individuals in Bakersfield. Rptr. Since evidence about the criminal purposes of the Nuestra Familia was similarly relevant in the instant case, Beyea shows why the trial judge here was justified in allowing its introduction at trial. "San Jose wasn't such a low-crime area before we began this prosecution," Constantinides said. Below are the men and women currently on death row. After a second U-turn, Dominguez stopped the car near the group of people and Castro asked whether Wolfie was there. The Constantinideses and some gang experts are confident that Nuestra Familia is on the ropes. FN 23. Not so. "A. (a)). [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. 3d 470 [170 Cal. 907].) Lopez had arrived in San Lorenzo as a teenager, and quickly made a reputation as a heartless tough guy. The evidence about Castro's presence in the car was cumulative of testimony already provided by Hernandez and Villarreal. (Poeple v. Leach, supra, 15 Cal.3d at p. 26 substantially inculpated or incriminated him. According to counsel, the municipal court overruled this objection. Their only way to earn their status as the NF was to spend time in prison. In the instant case, joinder of the murder and assault charges was necessary in order to avoid the prohibition against multiple prosecution. Us being locked in here, its like were watching this virus get steadily closer to us and theres nothing we can do..