Everything about this trial had to be done specially, from the remodeled courtroom, with a special glassed-in platform for two of the defendants, to the police snipers on the courthouse roof to the made-to-order cells in the county jail's Security Housing Unit. 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. Under these circumstances, the municipal court was not required to suspend proceedings [121 Cal. As Dominguez made a right-hand turn onto Ninth Street, the station wagon slid out of control, hit a fence, and eventually stopped. The prosecuting attorney indicated that Castro had been found unfit to be tried as a juvenile on the murder count pursuant to Welfare and Institutions Code section 707. App. The women said they were angry with Paniagua for the killings, but implored the jury to spare his life. [21] Nuestra Familia members often use the image of a sombrero with a machete as their gang symbol. Paniagua crept into the bedroom where his pregnant girlfriend and young daughters were sleeping in October 2005 and stabbed them multiple times as they struggled to fend him off. (1964)375 U.S. 994 [11 L. Ed. supra, 114 Cal. [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. 3d 470 [170 Cal. 2d 59, 71 [8 Cal. Lasolla provided Hernandez with two .22 revolvers and some ammunition. In addition, the court denied counsel's motion for mistrial with regard to a certain portion of Cobos' testimony. 402], cert. The Hispanics would have a lot more power in prison and on the streets if they weren't divided amongst themselves, i.e. [22], In the aftermath of Operation Black Widow, the five highest-ranking leaders of Nuestra Familia, James "Tibbs" Morado, Joseph "Pinky" Hernandez, Gerald "Cuete" Rubalcaba, Cornelio Tristan, and Tex Marin Hernandez, were transferred to the United States Penitentiary, Florence ADX, the federal supermax prison in Colorado. "A. Testimony showed that Nuestra Familia members were under an obligation to kill enemies of the gang or face the possibility of death by the Nuestra Familia. The 7.5 ft, octagonal, lime green death chamber was in use until 1972 when the California Supreme Court criticised the "cruel and unusual" punishment. Rptr. June 12, 1981. A former courts reporter, she is now reporting primarily on consumer issues, and welcomes any tips/suggestions, especially on how to make ends meet in the Bay Area. What did he say in that regard? 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." Although a "continuing" conspiracy is not probable in some situations (see People v. Pic'l (1981) 114 Cal. At the outset, we believe Castro is barred from pursuing his first contention because of his failure to provide an adequate appellate record. Arroyo and Shelton avoided the death penalty by pleading guilty to murders and agreeing to testify against their former soldiers. 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). Manage all your favorite fandoms in one place! For years beforehand, he had terrorized his family, blackening girlfriend Leticia Chavezs eye and threatening to kill her, slapping 3-year-old AnaLisa in the face and belting 6-year-old Adrina. by SUR 14 May 19th, 2008, 11:21 pm, Unread post App. The three men traveled to and set up surveillance at a particular residence. App. Danny "Woodsey" Reyes and his brother Ronald had been targeted by the Mexican Mafia. Arroyo is serving 20-to-life; Shelton got 25- to-life for each of the four murders he confessed to. Rptr. Arizona, Florida,[2] Georgia, Idaho,[3] Nevada,[4] Kansas,[5] New Mexico, Northern California, We thought maybe (Lopez) was getting out of prison by now," said one relative who asked not to be named. With regard to the assault count, the information alleged that both defendants were armed with a handgun during the commission of the offense (Pen. Careful examination of the record shows that Castro's trial counsel objected to admission of the taped conversations and specifically requested deletion of the references to his client which were subsequently played before jurors. Hernandez "was going to be in charge of collecting all the money that the prostitutes in Fresno made during the night.". Serna resembles nothing so much as a wide-eyed college student, and Trujeque could be a portly businessman -- except for the metal anklet above his black loafers. (See People v. McFarland, supra, 17 Cal. 3 Hernandez met with several Nuestra Familia members in the Chinatown area, including Tonito Castro. Serna was sentenced to death by a Santa Clara County jury on Nov. 21, 1997, for the murders of Esteban Guzman, Marcos Baca and Sheila Apodaca. 393, 528 P.2d 1], disapproved on other grounds in People v. DeVaughn (1977) 18 Cal. 3d 491] sometime during the conversation. Hernandez did testify that Dominguez did not fire any weapon on this occasion. FN 2. 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 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). 11. Letters between the defendants, dozens of them, are a cornerstone of the prosecution's case. Appellant has not augmented the appellate court record to reflect any previous disposition by juvenile court judges. Castro was "hit" in one of his fingers. Location: 2700 N. Virginia Street ~ Reno, NV Telephone: 775-323-0133 Fax: 775-323-1229 Email: omos@CatholicCemeteryReno.org Gates and Mausoleum Buildings are open every day of the year (weather permitting) from 8:00 a.m. until 4:30 p.m. Code, 245, subd. Castro hypothesized that the Fierros were the individuals in the yellow car who had shot at them, mentioning the name of "Wolfie" [121 Cal. There was planning and there was sophistication and it was quite well planned. 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. Public interest has fallen off in the years since the murders, and the life-and-death courtroom drama now plays itself out in front of Superior Court Judge Kevin Murphy, the jury and a nearly empty house. Rptr. 3d 500], The lower court did not abuse its discretion by admitting limited evidence about the Nuestra Familia's criminal purposes. 3d 496] Familia or, in the alternative, to earn a recognition "star" for purposes of gaining status within the organization. Defendants Bobby Lopez, James "Huevo" Trujeque and Herminio "Spanky" Serna all face the death penalty. Under these circumstances, any error was harmless beyond a reasonable doubt. So is drug use. (hg. (People v. Williams (1981) 115 Cal. The trial court denied defense counsel's oral motion to exclude references to the "probation" or "parole" officer. For more info, see @itsavanlife on Instagram and our Facebook group,Full House: Inside the Bay Area housing shortage. 4 While at a Salinas apartment headquarters of the Nuestra Familia, Hernandez was ordered to stay in Salinas. FN 14. 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 trial court admitted Farr's testimony under Evidence Code section 352. In the 1980s, as the NF grew, it set up a farm team called the Northern Structure, or Nuestra Raza. (SeeBruton v. United States (1968) 391 U.S. 123 [20 L. Ed. ", BLOOD BROTHERS / The killing started when Nuestra Familia gang leaders felt their influence in San Jose waning, prosecutors say -- but the dead were all their own, Maria Alicia Gaura, Chronicle Staff Writer, Horoscope for Friday, 3/03/23 by Christopher Renstrom, No seriously, dont drive up to Tahoe this weekend, Wife of Jeffrey Vandergrift issues somber update, Snowboarder dies at Tahoe ski resort following historic blizzard, Scream publicity stunt floods Bay Area dispatch with 911 calls, The best fried chicken is at a San Francisco strip club, Rain reenters Bay Area forecast: Have an umbrella near you, The Warriors broke Russell Westbrook, just like old times, Arrest in killing of woman seen running through Tahoe campground, Mochi muffin bakery closes SF cafe after just 4 months, Oakland ransomware attackers leak 'confidential' data, You can see Maggie Rogers in SF for under $100 this weekend, 6 Cabo hotels for your spring break vacation, Your Privacy Choices (Opt Out of Sale/Targeted Ads). The workouts were intense, and they also had to read history books, law books, and philosophy books. FN 9. As the prison population has exploded in the past decade, so has the influence of the gangs. The three men then returned to Villarreal's residence in an unsuccessful attempt to obtain more ammunition for the .38. FN 7. Penned in a Spanish-English patois and carefully worded, the letters reflect the cat-and-mouse game between inmates and "the landlord" who photocopies incoming and outgoing mail. The challenged statements dealt with Dominguez' inquiries to his mother about Castro's whereabouts since his arrest and about Castro's failure to contact him. Last year the prison was accused of letting Covid-19 run rampant throughout the cramped and overpacked prison. daisys.". 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. App. On 18 May 2000, NF gang member Casper (who was Rubelcaba's right-hand man) was released from jail and was ordered to run the street operations of the gang, becoming the leader of NF on the outside. 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. Herminio Serna, 53, died late Monday at San Quentin State Prison after he was found unresponsive in his single cell. This means that the fitness determination on the murder count affected a jurisdictional transfer of the cause to superior court, where prosecuting authorities were free to join any connected charges. You're all set! ], This site is protected by reCAPTCHA and the Google. But Charles Constantinides points to San Jose's unusually low violent crime rate as proof that prosecutions have an effect. 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. When they turned onto Virginia Street, the three men saw a group of people talking and drinking beer near two parked cars. DPIC Page: Conditions on Death Row Of those who may yet be convicted, nine now face death. ), FN 17. This makes gang recruitment a harder sell. Although the crimes as a juvenile are not major generally, nevertheless he had been to CYA and it hadn't done any good. The rap group sold thousands of copies, and many members possessed the album. Rptr. 24 Outside of jurors' presence, trial counsel for Dominguez claimed that introduction of the tapes would violate Dominguez' privacy rights and infringe upon his client's confrontation rights. (Generations of United Norteos) that invited all Norteos into the NF. 3d 738, 749-750 [169 Cal. This was not a war between competing gangs, police realized. Immediately thereafter, [121 Cal. After the 2016 moratorium on executions, the biggest danger to death row inmates now is suicide. Since the privacy rights asserted here are personal to Dominguez and differ from the in rem nature of suppression proceedings (People v. Gale (1973) 9 Cal. Texas, USA 1996 Date of Execution: September 18, 1996 Offender: Joe F. Gonzalez, Jr. #999177 Last Statement: There are people all over the world who face things worse than death on a daily basis, and in that sense I consider myself lucky. 907].) 195.) But Chavezs mother broke out into loud sobs, and a juror dabbed at her eyes with a tissue, as seven armed sheriffs deputies stood guard in case anyone lost control. [2] The relevant appellate principles were articulated by our Supreme Court in the following passage fromPeople v. Saling (1972) 7 Cal. (1969)393 U.S. 1104 [2 L. Ed. Hopper, Acting P. J., and Andreen, J., concurred. SACRAMENTO, Calif. (AP) One of three men sentenced to death for slayings during the Nuestra Familia gangs alleged efforts to take over the drug trade in San Jose has died while awaiting execution, California corrections spokeswoman Terry Thornton said Tuesday. "But in terms of being responsible for causing these deaths, he's probably the central figure. den. Lopez had arrived in San Lorenzo as a teenager, and quickly made a reputation as a heartless tough guy. As part of a multi-agency operation, over 50 individuals were arrested in California on federal and state charges in connection with their drug-trafficking activities after investigation into the criminal activities of individuals associated with the Nuestra Familia prison gang. App. The indictments against the Nuestra Familia, released in 1992, charged 21 defendants with plotting and committing six murders. The circumstances of his death are being investigated, Thornton said. The members are known as "soldiers." Second, Castro's contention is flawed on the merits. 27 [121 Cal. Court of Appeals of California, Fifth Appellate District. He recalled that the cell was filthy and an officer took water with bleach and doused the walls and mattress and left without giving me a towel to wipe up. The median education level of death-row prisoners is 12th grade. In light of Thursdays Paniagua verdict, prosecutors also are all but certain to seek the death penalty in an upcoming trial against Samuel Corona for allegedly stomping 6-year-old Oscar Jimenez Jr. to death. [10] It is not an abuse of discretion when a trial court denies a motion for mistrial after being satisfied that no injustice has resulted or will result from the occurrences of which complaint is made. App. Rptr. 28-29; Jackson, supra, at pp. Criminal organization of Mexican American prison gangs in the US, California Department of Corrections and Rehabilitation, Racketeer Influenced and Corrupt Organizations Act, "Prison Gangs (continued) - Gangs and Security Threat Group Awareness", "Authorities arrest 11 key gang members in east Hillsborough", "Bust of gang offers hope for Dodge City immigrants", "Gangs are becoming a growing threat across Utah", "The Marietta Daily Journal - Ga Supreme Court upholds brothers murder convictions", "Special Issue: Gangs in the United States", "Federal indictments crack vast prison crime ring", "Gang raid targets Nuestra Familia in Salinas", Organized Crime in California Annual Report 2007-08, "New leadership, constitution for Nuestra Familia", "Gang and Security Threat Group Awareness", "Eight-month investigation yields 37 high-level arrests", "Nuestra Familia case: Details of biggest gang prosecution in Santa Clara County history", https://en.wikipedia.org/w/index.php?title=Nuestra_Familia&oldid=1141826410, Short description is different from Wikidata, Pages using infobox criminal organization with ethnicity or ethnic makeup parameters, Pages using infobox criminal organization with rivals parameter, Creative Commons Attribution-ShareAlike License 3.0, Drug trafficking, extortion, robbery, homicide, This page was last edited on 27 February 2023, at 00:46. The police warned Castillo about the NF threat, but Castillo ignored them. 2d 761, 775 [80 Cal. "In the '50s and '60s, the gang leaders had been in the military, they had some discipline," she said. for cert.,sub nom., McGautha v. California (1971) 402 U.S. 183, 186 [28 L. Ed. The prosecutor then asserted that, following the juvenile court fitness determination, a complaint was filed charging Castro with both the murder and assault counts. 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Paraplegics have a shorter- than-average life spans, and a gang snitch paraplegic in state prison faces even greater risks. Nuestra Familia, which claims San Jose as its home turf, is second in influence. 3d 419 [124 Cal. Rptr. The inmates who formed the Nuestra Familia gang banded together to protect themselves from the Mexican Mafia, but then grew to be involved in drug dealing, extortion and robbery.[17]. Sammy Simenthal Dominguez and Anthony Castro were charged with having committed murder (Pen. Although there was no solid proof that the Nuestra Familia stole the guns, evidence that the guns came from the Salinas area did corroborate Hernandez' testimony regarding the origin of the weapons. Now with respect to talking to or saying anything to you with respect to how the car was lost what did he say? Alex responded, "Yeah," and departed from the liquor store to a party at another location. Trujeque was once kidnapped and roughed up by fellow gang members who suspected him of not attending to gang business. 3d 505]. Furthermore, the Perez court noted, "The record does not show that the trial court did in fact discharge its duty in these circumstances by weighing the evidence for prejudice against its probative value. On October 21, 1977, Lasolla ordered Hernandez to go to Bakersfield with Dominguez and Castro so that appellants could report to their parole officer. 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. Death Row Around 2, 500 prisoners currently face execution in the United States. A criminalist examining Fuentes on October 22 at 4:30 a.m. found gunpower particles on his hands and certain items of clothing. Hernandez also said that Castro said that the person in the driveway was Wolfie. 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. Officer Parker made his identification of Fuentes from photographs and photographic lineups. By foot, the three men attempted to obtain more ammunition from Dominguez' uncle, who had a residence near the area of the shooting. Schaefer, 44, of Novato was repeatedly gored in a prison yard by an unnamed inmate and died the same day. He said: Over the course of the last couple of decades hes successfully retired four of our staff in this facility due to assaults that hes perpetrated on them. After being given immunity, Villarreal testified that Dominguez, Castro and Hernandez had come to his house earlier in the evening and asked for a gun. Nonetheless, this evidence did not establish that he was in custody between those dates. Imposition of sentence on the assault count was stayed pending completion of the term for the murder count. "I'm sure they know everything.". Another nine of the original 21 defendants have turned state's evidence -- including Vincent "Chente" Arroyo, the gang's reputed general, and Ronald Shelton. [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. 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. 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. (Id, at pp. Evidence from Cobos and other witnesses established that Hernandez and appellants had to kill the Fierros in order to avoid punishment in the Nuestra [121 Cal. 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. "A death sentence isn't something one readily accepts," she said. On 20 April 2001, federal agents arrested 13 members of NF, including 6 inmates, among them Rubelcaba. Hernandez responded by firing a .22 revolver at a person who had crawled underneath a nearby parked car. 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. According to the FBI, San Jose had the lowest murder rate of any big city in the United States in 1996. Captain Henry "Happy" Cervantes was heard discussing a plan to kill two San Jose district attorneys, but Casper refused to allow the order. 18 (Evid. (Id, at p. "At one point, I really did believe in the Northern Structure and Nuestra Familia," Salazar said. Subsequently, however, Villarreal said that both appellants remembered seeing someone drop at the scene of the shooting. (Poeple v. Leach, supra, 15 Cal.3d at p. "There is a philosophical component to the Nuestra Familia. 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. (a)). State prisons department spokeswoman Terry Thornton said: Theyre meant to do a great deal of damage.. 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. 2d 476, 88 S. Ct. 1620]; People v. Aranda, supra, 63 Cal. Sign up for our free summaries and get the latest delivered directly to you. 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. 3d 731, 764-765 [117 Cal. 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. On a self-appointed mission of vendetta, Sailor Boy and Mundo journeyed up to Bakersfield to visit two Nuestra Familia drug dealers. Although that court concluded that evidence about membership in the Compton Varrios Tres gang was too prejudicial, a careful reading of Perez shows that the court did not find the evidence probative on the issues of motive or intent. 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. The seventh victim to die, Sheila Apodaca, was allegedly killed on the orders of her boyfriend -- Bobby Lopez -- because she furiously objected to his womanizing and threatened to retaliate. ), FN 21. The group of individuals was carrying two revolvers and cartridges given to them by Lasolla. 424, 384 P.2d 16], cert. Some law enforcement agents speculate that the Nuestra Familia gang, which operates in and out of prisons, influences much of the criminal activity of thousands of Norteo gang members in California. We note that none of the jurors raised their hands when the court asked if they needed clarification in regard to its admonition. The Vanguard prison gang was recently demoted to the status of a mere "disruptive group" by corrections officials. After the 2016 moratorium on executions, the biggest danger to death row inmates now is suicide. Historica Wiki is a FANDOM Games Community. App. He added that Chavez never thought Paniagua would kill her, even though he had threatened to five years earlier. (1972)407 U.S. 917 [32 L. Ed. "They killed their own. It happened in May 2009 in Arivaca, a desert community, 10 miles north of Mexico. 3d 695, 708 [89 Cal. Today, nearly seven years after the corpse of the first victim was found, two defendants have been convicted of murder in separate trials, and a third was convicted of trying to kill a fellow inmate in the Santa Clara County jail. The amount of testimony devoted to Dominguez' participation in gang activities made it unlikely that jurors found him "guilty by association.". Accordingly, it was not erroneous for the superior court to deny Castro's section 995 motion. In Beyea, the trial court denied defendants' motion to exclude evidence of their membership in the Hell's Angels group. 3d 498, 507, 509 [165 Cal. fn. 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 1. None of the jurors could be immediately reached for comment. Hernandez opined that the fleeing person "was trying to dodge bullets." Dominguez rested on the evidence presented by the People. [3] Dominguez next contends that the trial judge abused his discretion when he refused to bar evidence on the criminal purposes of the Nuestra Familia on the ground that it was unduly prejudicial. App. These were proper factors which could be used in imposing a consecutive sentence. The first arrests were followed by even more killings, as hits were allegedly ordered by gangsters in jail and the members who remained on the street battled for position. The last meals of US prisoners on death row. (See Welf. 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. App. Some of the victims had no close family or had destroyed their family ties through drug use and criminal activity. Death Row Diner 1988-01-01 ver en lnea gratis. Rachel and another one of Paniaguas sisters, Cynthia, testified during the trial about severe abuse they and their brother endured at the hands of their father. So . 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." Rptr. "The gangsters who remain are becoming very paranoid," said Charles Constantinides. 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. 432-435.) East block prisoner and killer Raymond Lewis, 41, said: To me, this is worse than death. 386]; People v. Miller (1960) 185 Cal. His job was to make sure that San Francisco, Sacramento, Oakland, and San Jose all had a regiment in place, and made sure that the regiments were going by the gang's rules. App. 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. On a practical level, the three- year murder spree that began in 1990 has resulted in the costliest series of trials in Santa Clara County history. granted Nov. 29, 1979)), there is cogent authority for the proposition that jailhouse monitoring does not infringe the privacy rights specified by the California Constitution. [121 Cal. 2d 655 [62 Cal. 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.