App. How Gangs Took Over Prisons - The Atlantic Some of the victims had no close family or had destroyed their family ties through drug use and criminal activity. For 25 years no prisoners were condemned in the facility - until 1992. 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. fn. 9 As the white station wagon passed the group, Castro shouted excitedly that Wolfie was among the individuals outside. 4257. App. (Id, at pp. 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. Lopez v. Specter, No. C 06-02007 WHA | Casetext Search + Citator (Accord People v. McFarland (1971) 17 Cal. But the first thing Chavez did with the hit list was to quietly slip it to his parole officer, prosecutors say. In a small town like this, you remain close, in touch, even when you haven't seen each other in years. With his androgynous good looks and slender physique, Lopez hardly looks the lethal Romeo who prosecutors say ordered his lover shot, gunned down two men and, after being mistakenly released from San Quentin, was arrested after a high- speed chase that forced another car off a Fresno overpass. They were innocent and on death row. The exonerated want to ensure Lasolla provided Hernandez with two .22 revolvers and some ammunition. (Harrington v. California (1969) 395 U.S. 250, 254 [23 L. Ed. 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. SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7 - SFGATE 1, and the Netas. Nuestro General Gerald "Cuete" Rubelcaba ordered the assassination of former NF member Robert "Brown Bob" Viramontes in early 1998, a member of the leading council for the NF and a 20-year veteran who had covered up his NF tattoo on his back and also educated young kids about the dangers of gang life. As the thief brazenly walked the yard in his stolen shoes, the victim and his Northern California friends rose up and fought. (People v. Giminez (1975) 14 Cal. 3d 333, 336 [124 Cal. As Hernandez and Castro were crossing the street to rejoin Dominguez who was near the station wagon parked behind the liquor store, a yellow car drove by and someone in the car hollered out "Tonito." We now address appellant's separate contentions. "Is that trial still going on? 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. 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. [18] The spark that led to the ongoing war between Nuestra Familia and members of the Mexican Mafia involved a situation in 1965 in which a member of La eMe stole a pair of shoes from a Northerner at Deuel Vocational Institute in Tracy. La familia del estudiante de derecho afirma que se enter de que fue All Access Digital offer for just 99 cents! East block prisoner and killer Raymond Lewis, 41, said: To me, this is worse than death. 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. Nia (Neitz) Rados, 32, of Enola, passed away Tuesday, March 23rd, 2021. The nun who walks death row inmates to the gallows - BBC News Rptr. More and more NF members were recruited in the 1980s, and they wanted to control all of California from Bakersfield. In addition, the trial court informed the parties that, "I will have to instruct [jurors] that [references to Castro apply] only to Mr. Dominguez' statements and not to Tonito." Some were forced to live in the Secure Housing Unit (the "Shoe"), where 12,000 inmates were held in a "prison within a prison" where the inmate was under constant surveillance. (People v. Love (1977) 75 Cal. 11, 1981). (Cf. ), FN 16. 3d 531, 547-548 [166 Cal. 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. We thus conclude that Dominguez' statements about Castro were not substantially incriminating within the meaning of Bruton or Aranda. 852, 511 P.2d 1204]), we conclude Castro has no standing to assert this contention before us. Ver en lnea gratis. State prison gang experts also include the Aryan Brotherhood, the Black Guerrilla Family and the Texas Syndicate on the list of current prison gangs in California. Rptr. 11. The main Nuestra Familia trial now under way involves four defendants accused of seven murders, conspiracy and assorted violent attacks. [11], Members of Nuestra Familia are known to wear red bandanas ("red rags") to identify themselves. So is drug use. Before addressing these contentions, we believe the relevant facts should be set forth. (Lopez has two sons, born one month apart, by different women. App. [121 Cal. He then set their bodies on fire and went outside and smoked a cigarette. fn. If they did not retaliate, Hernandez indicated they would be branded as cowards and killed by their gang. The People argue that there was a "continuing" conspiracy until information about the shootings was relayed to Salinas Lieutenant Lasolla. 533].) 2d 476, 88 S. Ct. 1620]; People v. Aranda, supra, 63 Cal. Hernandez was then put in contact with other individuals and made a trip to Fresno on October 13. fn. Owens had asked for a mistrial because two jurors appeared to be nodding off at one point and because of an emotional outburst by Chavezs relatives. App. "It was a blow to the whole community," said her relative. Code, 12022, subd. It notes that death row and its supporting activities are in the same . Each also was convicted of committing two or three of five murders. [121 Cal. Hernandez stated that the three men went to the park and waited for the Fierros' arrival in order to kill them. He became a suspect in Sailers death after a positive DNA hit in 2006. "Q. The order will prevent the state from putting prisoners to death by granting temporary reprieves to all 737 condemned inmates on Californias death row, the largest in the nation. FN 3. In this regard, Cobos' testimony cannot be regarded as substantially incriminating. Time on Death Row | Death Penalty Information Center This makes gang recruitment a harder sell. The Fierro brothers were known enemies of the Nuestra Familia. 359]; People v. Estrada (1979) 93 Cal. I was already aware of the situation but didn't figure on the cancer spreading out so wide?! They noted that Scott Peterson, who killed his wife and unborn child, also got the death penalty in a familial case that involved fewer victims. 3d 146, 157 [109 Cal. Paniagua is accused of stabbing his girlfriend, who was pregnant, and his two daughters, 6 and 3 years-old. Babo Sosa, his brothers Manos and Buggy, and Art the Rock Beltran are discussed in this exclusive. According to mountains of court files and the gang members themselves, the much-vaunted "family" at the heart of Nuestra Familia is a profoundly dysfunctional one -- a soap opera tangle of duplicity, adultery, drugs and betrayal. fn. He was classified as a "Grade B" prisoner at San Quentin, based on violent tendencies and gang membership. "Bobby said he did love her, but as it says in the bonds, you gotta put the NF first, and so he called the hit. Inside San Quentin death row where killers are mauled with 'bone Hernandez' victim screamed and hit the ground with a painful cry. Our Mother of Sorrows Catholic Cemetery - Catholic Cemetery of Reno She was 21 when she died. 386]; People v. Miller (1960) 185 Cal. App. 2d 284, 287-288, 89 S. Ct. 1726]; People v. Epps, supra, 34 Cal.App.3d at pp. Both Dominguez and Castro reported seeing someone "drop" during the shooting. Although both Hernandez and Castro reported to the Salinas regiment, Hernandez testified that he made his trip from Fresno with an individual named Mackie Bacage. 2d 518 [47 Cal. 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." 3d 609 [168 Cal. Rptr. App. 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. In December 2000, another Nuestro General stepped in on Casper's behalf and Cuete backed off the hit order, but Casper wanted revenge. Nuestra Familia (NF) Timeline - StreetGangs.Com forum on gangs around My daughter and my grandchildren didnt get a choice, so why should he? Chavezs mother, Dorothy Gutierrez, said. "They like to talk about 'the struggle' or 'the cause,' but who are they killing? daisys.". 20 Dominguez contends that the prejudicial evidence about Nuestra Familia activities outweighed its probative value in proving a motive for the killing. People v. Savala (1981) 116 Cal. 3d 505]. No contrary result is dictated by the recent decision of People v. Perez (1981) 114 Cal. At some point, the three men picked up Manuel, and Dominguez drove to a house where Chollo could supposedly be found. Hernandez "was going to be in charge of collecting all the money that the prostitutes in Fresno made during the night.". App. 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. There are currently 741 offenders on death row in the state. Twenty-One Drug Traffickers Associated With Nuestra Familia Arrested On 3d 506] conversations did not fall within the Lopez or North exceptions, we conclude Castro cannot prevail on this argument. The NF has a formal written constitution and a membership of approximately 250, with an additional 1,000 associates. We initially set forth the segments of testimony pertinent to Dominguez' second contention. Under Gov . 3d 78, 85 [81 Cal. Furthermore, the court gave a strong admonition to jurors to limit use of this evidence to Dominguez. On this Wikipedia the language links are at the top of the page across from the article title. 279].) 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. FN 23. The Vanguard prison gang was recently demoted to the status of a mere "disruptive group" by corrections officials. 3d 419 [124 Cal. This was not a war between competing gangs, police realized. Now San Quentin State Prison is in danger of losing its hardline reputation - with officials planning to dismantle its death row and move prisoners into the general population. 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." Dominguez stepped on the gas and began to accelerate from the police vehicle. This admonition and subsequent instructions adequately protected Dominguez from undue prejudice. Although a "continuing" conspiracy is not probable in some situations (see People v. Pic'l (1981) 114 Cal. No contrary result is dictated by the recent case of People v. Fulks (1980) 110 Cal. 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. "I wanted them to notice the wheelchair less, and notice me more. The police warned Castillo about the NF threat, but Castillo ignored them. 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. [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. [21], Federal law enforcement agencies, long unable to infiltrate Nuestra Familia, began to step up their investigations in the late 1990s. 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). Sammy Simenthal Dominguez and Anthony Castro were charged with having committed murder (Pen. But the prison is still no walk in the park. After Hernandez discovered that his ammunition was expended, he shouted, "Let's go" to Dominguez and Castro. In sentencing Castro, the court noted: "The crime involved great violence. Two of the defendants face the death penalty for ordering murders related to the drug trade. After the 2016 moratorium on executions, the biggest danger to death row inmates now is suicide. Code, 12022, subd. fn. Technically, defense counsel's motion to strike was untimely, since the evidence had already been admitted into trial without objection. 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. the Nuestra Familia/Nortenos vs. the Mexican Mafia/Surenos. Rptr. The yearlong trial was one of the costliest in Santa Clara Countys history at $10 million. FN 18. 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. 786, 558 P.2d 872]; North v. Superior Court (1972) 8 Cal. The three men also became obliged to kill the Fierros after the attack upon them outside of the liquor store. Imposition of sentence on the assault count was stayed pending completion of the term for the murder count. [21] 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. The death is not being investigated as a homicide or suicide but that it will take an autopsy to determine how he died, Thornton said. After ascertaining that Chollo was not there, the men returned to the car and took Manuel home. Court of Appeals of California, Fifth Appellate District. In legal motions filed over the past four weeks, defense attorneys for 15 alleged members of the Nuestra Familia the prison gang that governs the Northern California-based Norteo and . When they turned onto Virginia Street, the three men saw a group of people talking and drinking beer near two parked cars. The men walked into the backyard of the house indicated to be the residence of Chollo. 3d 889, 896, fn. [7] However, despite the inadequacy of the record, we believe Castro's initial contention lacks merit. The gang continued to carry out violent actions even after the downfall of 21 of their leaders. "But now they come to us, and we think, 'Well, how much use are you going to be to us?' (hg. Historica Wiki is a FANDOM Games Community. The Nuestra Familia's General Council And Other Members And Associates 577, 534 P.2d 65].) 3d 490], The three men then drove to another location in Bakersfield and contacted Eugene Villarreal. Hernandez also fired several shots at a person who was fleeing across a grassy area near the rear of the lot. After receiving a letter warning him that Sheila Apodaca was "involving you in the recent homicide on two well-known vatos" and "needed to be put in check," Lopez replied: "In response to your most welcomed and vital message . The Mexican Mafia, referred to as La Eme (the Spanish pronunciation for the letter M), is undisputedly at the top of the gang roster, with the most members, affiliates and turf in California. 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. 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." "Especially drugs.". Two jurors indicated they would be biased and were excused for cause. 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. fn. In the instant case, joinder of the murder and assault charges was necessary in order to avoid the prohibition against multiple prosecution. ", 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. "A. [16], Nuestra Familia was organized at Correctional Training Facility in Soledad, California in 1965. Although he was not a Nuestra Familia member anymore (he dropped out), he wanted to sell his drugs in the same place. However, despite law enforcement's efforts, there were still tens of thousands of NF members, and the new generation was influenced to join the NF through promises of girls, cars, dope, alcohol, good times, parties, staying out late, and other vices. Nuestra Familia | Historica Wiki | Fandom 3d 501] of his association with the Nuestra Familia. County officials say they have spent $10 million so far, and the expenses continue to mount. [20], While Nuestra Familia is primarily a Chicano gang, membership sometimes extends to other Latinos as well as non-Latinos. "Wolfie" Fierro was believed to be a sympathizer of the Mexican Mafia, a rival gang. 195.) App. It's other Hispanics.". [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. granted July 16, 1980); Robinson v. Superior Court (Cal.App.) In invalidating the admission of various extrajudicial statements under Bruton/Aranda principles, the appellate court noted under its factual circumstances that "the statements were not offered for the purpose of being added to otherwise admissible evidence, but for the sole purpose of being improperly playedoff against each other so as to demonstrate the collective consciousness of guilt of the three defendants." [9b] Judged by these standards, the denial of a mistrial motion was proper in the present case. Lasolla instructed that, while in Bakersfield, the men were to commit a robbery and kill one named Chollo Hernandez, a dropout from the Nuestra Familia organization. fn. . FN 26. 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. Before Christmas, he contacted authorities and decided to work with them against Rubelcaba. Hernandez noted that he saw Tonito at the apartment and met another organization member named Sammy Dominguez. In addition, it was alleged that Dominguez personally used a firearm within the meaning of Penal Code section 12022.5. 166, 548 P.2d 366]; People v. Schader (1969) 71 Cal. 19, Hernandez also testified about the obligations and responsibilities of Nuestra Familia members. I want you to try to zero in on his words as much as you can so that we are hearing what he said at that time? Santa Cruz admitted seeing the station wagon travel by the group on Virginia Street. During the [121 Cal. App. Click on the photos to learn more about the crimes that put them there.
