nuestra familia on death row

441, 169 Cal. 3d 499] exceeded its prejudicial effect. But the rivalry between North and South reportedly began that day, and a paradoxical blend of racial pride and hatred of other Mexican Americans has sustained both factions ever since. The nun who walks death row inmates to the gallows - BBC News 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. That's ridiculous." FN 14. Technically, defense counsel's motion to strike was untimely, since the evidence had already been admitted into trial without objection. 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. But in 2006 the prison was criticised for inhumanely injecting inmates. Members of the organization are considered to have taken a "blood oath" to join the gang, and are considered lifelong participants. den. sub. Now with respect to talking to or saying anything to you with respect to how the car was lost what did he say? All right, I will still overrule the objection because it does tend to show it is a criminal organization. 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. Code, 707, 707.1.) Hernandez reported the information from Castro, as well as other information about the shooting, to Salinas Lieutenant Lasolla. 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. In early June, the same jury took less than two hours to convict Paniagua of arson and four first-degree murders. He has failed to provide either a clerk's transcript or reporter's transcript of the juvenile court's ruling at the first fitness hearing which dealt with the murder count. Casper was not allowed to put a hit on Armando Frias, as he was a government informant, but he said that he would have killed him if he was a regular NF member. granted July 16, 1980); Robinson v. Superior Court (Cal.App.) Two other gang members James Hueveo Trujeque, 66, and Bobby Silent Lopez Jr., 53 remain on death row. Before addressing these contentions, we believe the relevant facts should be set forth. Cobos testified that she was living in the Salinas regiment. The officers activated a siren and continued pursuit. Cobos, a former message carrier for the Nuestra Familia, described her duties and revealed the names of the superiors to whom she reported. There was bodily harm and one victim was shot in the leg, and of course another one was killed. Their prison stronghold was Pelican Bay, where their main leaders lived. But "Everybody did it," Salazar shrugged. What happened then is unclear; no one knows the fate of the disputed shoes. In addition, it was alleged that Dominguez personally used a firearm within the meaning of Penal Code section 12022.5. On 21 May 2001, heroin dealer Raymond Sanchez crossed into the Chinatown district of Salinas, although he had been warned to stay out of Chinatown. Grade B are the individuals who are the opposite of that, who are non-programmers or gang affiliates or whatever the case may be.. Under George Collord, the police gathered informants in prison, including "Red Raider", who revealed the leadership structure of the gang. Babo Sosa & Art The Rock - Nuestra Familia in San Diego "They had some very good leadership, and bright-line rules that you didn't cross. (b). 19, Hernandez also testified about the obligations and responsibilities of Nuestra Familia members. 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. [7] However, despite the inadequacy of the record, we believe Castro's initial contention lacks merit. [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. Sincethe prison opened in 1893, 215 inmates were hanged at San Quentin and a further 194 were gassed from 1938. Manage all your favorite fandoms in one place! The police warned Castillo about the NF threat, but Castillo ignored them. [20], Eventually, three new generals came to power at Pelican Bay, yet two were demoted, leaving only David "DC" Cervantes as the highest-ranking member of the gang in California. "They were not the kind of guys who would have killed Sheila Apodaca. All Access Digital offer for just 99 cents! By 1961, administrators at DVI, alarmed by the escalating violence, had transferred a number of the charter eMe members to San Quentin, hoping to discourage their violent behavior by intermingling them with hardened adult convicts. 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 is a major Norteos criminal organization based in northern California. the Nuestra Familia/Nortenos vs. the Mexican Mafia/Surenos. 8 The three men gave pursuit, but lost the yellow car. The purpose behind this visit was to obtain a third gun so that each of the men would be armed during the planned robbery and so that each would be armed if they encountered Nuestra Familia enemies. What did he say in that regard? Someone in the crowd gave a negative response. (People v. Romero (1977) 68 Cal. The workouts were intense, and they also had to read history books, law books, and philosophy books. 320].) Before Christmas, he contacted authorities and decided to work with them against Rubelcaba. People v. Leach, supra, 15 Cal.3d at pp. App. Dominguez' reliance on People v. Leach (197515 Cal. No contrary result is dictated by the recent decision of People v. Perez (1981) 114 Cal. Rptr. 263]). Hernandez did not testify that he and appellants had visited Villarreal on an earlier occasion. After a second U-turn, Dominguez stopped the car near the group of people and Castro asked whether Wolfie was there. Code, 187) and an assault with a deadly weapon (Pen. 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. Law enforcement authorities seized 40 pounds of cocaine, 14 pounds of marijuana, and dozens of firearms. At some point, the three men picked up Manuel, and Dominguez drove to a house where Chollo could supposedly be found. The first. 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. Answers & Questions about gangs, organized crime, graffiti & gang activity around the World, Unread post Counsel represented that he argued that Castro was entitled to a second fitness hearing under Welfare and Institutions Code section 707 and that the municipal court was compelled to suspend criminal proceedings pursuant to section 604. Chavezs uncle, Robert Gutierrez, said Chavez was exposed to domestic violence at an early age, which may have normalized the behavior and blinded her to the possible outcome. But he was determined to repudiate the gang. 26 substantially inculpated or incriminated him. Inside San Quentin death row where killers are mauled with 'bone Rptr. [Citations.]" In the summer of 1991, that came up a few times.". Rptr. "At one point, I really did believe in the Northern Structure and Nuestra Familia," Salazar said. 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. 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. 160-161; People v. Martin (1971) 17 Cal. 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. Death row exonerees including Kwame Ajamu, right, listens to speakers during a Witness to Innocence news conference marking the organization's 15th anniversary at the at the National Constitution . 3d 489], Sometime during October 1977, Hernandez, Marina Christina "Chris" Cobos, Marian Saballa Maldonado, Marian Martinez, and Dominguez went to San Jose. Rptr. Herminio Serna, 53, was pronounced dead . 22 We are not persuaded. Hernandez noted that he saw Tonito at the apartment and met another organization member named Sammy Dominguez. Even if the evidence should have been excluded, its admission was harmless in the present case. U.S. inmates condemned to die are spending more time on death row or take away the pain we feel inside, and it definitely doesnt stop us from missing my Comadre Letty and my nieces. Having sex with another gang member's woman is strictly against the 14 Bonds. 166, 548 P.2d 366]; People v. Schader (1969) 71 Cal. Hernandez also fired several shots at a person who was fleeing across a grassy area near the rear of the lot. 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. The cumulative testimony of eyewitnesses provided a solid base for finding Dominguez guilty; the jury did not have to resort to a conviction based upon guilt by association. We disagree; the evidence was relevant on the issue of motive and the trial court astutely guarded against allowing tangential evidence of a prejudicial nature to be introduced into the trial proceeding. Gangs like the Mexican Mafia, Nuestra Familia, Nazi Low Riders, the Bloods, and the Crips also operate in the prison. East Block - home to 500 convicts - is a towering five storeys high. [5] Also at the trial, Colleen Farr, owner of the Country Cousin's Sporting Goods in Watsonville (near the Salinas area), testified that the two .22 weapons used at the Virginia Street shooting had been stolen from her store on September 7, 1977. Stretch, U.S. Assistant Attorney General Leslie R. Caldwell of the Justice Department's Criminal First, Castro does not demonstrate why he should be able to derivatively defend the rights of privacy possessed by Dominguez. [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. People v. Burgener - California Supreme Court Resources 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. All three men were convicted of conspiracy to commit murder, robbery, extortion and witness intimidation. The members are known as "soldiers." By foot, the three men attempted to obtain more ammunition from Dominguez' uncle, who had a residence near the area of the shooting. 3d 928, 933 [142 Cal. 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. We are not persuaded. . Nia (Neitz) Rados - Sullivan Funeral Home & Cremation Services, Inc. Furthermore, "A motion for a mistrial presupposes that the effect of the objectionable evidence 'is so prejudicial as to be incurable by striking it and admonishing the jury to disregard it.'" Castro's statements were merely cumulative of other testimony establishing Dominguez' participation in the shooting. As he did so, Dominguez ran around to the front of the station wagon and resumed shooting. In June 2001, Operation Black Widow ended, with 21 NF gang leaders arrested. App. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. ITS housed some of the most brutal figures in modern history - 'Night Stalker' serial killer Richard Ramirez and cult leader Charles Manson to name a few. 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. dism. This was not a war between competing gangs, police realized. 23 [121 Cal. As the prison population has exploded in the past decade, so has the influence of the gangs. The five-year sentence on the assault count was stayed pending completion of the sentence on the murder count. 2d 711, 714, 91 S. Ct. This shooting was one of the most infamous killings, as it was recorded on video. 3d 496] Familia or, in the alternative, to earn a recognition "star" for purposes of gaining status within the organization. Tan Mui Choo was one of 18 inmates who Sister Gerard Fernandez walked with to the gallows. Ver en lnea gratis. App. 1, and the Netas. A situation similar to the one condemned in Fulks is not present here--the statements were merely cumulative of other evidence showing that Dominguez and Castro knew each other and, in any event, were not prejudicial to Castro. We note that none of the jurors raised their hands when the court asked if they needed clarification in regard to its admonition. 3d 507], Second, any erroneous introduction of the references to Castro was nonprejudicial. App. fn. 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. 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. But the prison is still no walk in the park. As Dominguez stopped the car and Hernandez began to depart from it, the group began to scatter. The Fierro brothers were known enemies of the Nuestra Familia. App. Eight top-ranking members of the deadly Nuestra Familia prison gang entered guilty pleas to federal racketeering charges Monday in the conclusion of "Operation Black Widow," a local, state and . 2d 755, 761 [290 P.2d 855]) and disallowed derivative standing for purposes of asserting "knock-notice" requirements (People v. Cook (1977) 69 Cal. ), FN 21. Steve Fierro told Fred Santa Cruz that he had been shot. ", FN 22. Under these circumstances, the municipal court was not required to suspend proceedings [121 Cal. 15K subscribers David Contreras and Carlos Chacon talk about the Nuestra Familia in San Diego. Sign up for our free summaries and get the latest delivered directly to you. Code, 12022, subd. 2d 761, 775 [80 Cal. From this point onward, the rules applicable toward criminal cases were operative. California has not executed anyone since 2006. 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." 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. When the shooting started, Fred and Alex Santa Cruz and Steve Fierro ducked behind David Rodriguez' car. 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. State prisons department spokeswoman Terry Thornton said: Theyre meant to do a great deal of damage.. [23], On June 11, 2013, Santa Clara County district attorney Jeff Rosen announced the indictment of 48 Nuestra Familia associates on 77 felony charges ranging from drug dealing to murder.[24]. 27 [121 Cal. Shelton was commander of the NF's San Jose regiment, and Lopez his newly minted second-in-command, prosecutors say. The rap group sold thousands of copies, and many members possessed the album. A pretty girl with lustrous brown hair, Sheila Apodaca had lived all her life in the tiny Central Valley town of San Lorenzo before she hooked up with Bobby Lopez and moved to San Jose. 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. 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. granted June 25, 1980); De Lancie v. Superior Court (Cal.App.) 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. A long line of cases has established that there is no reasonable expectation of privacy in ordinary jailhouse conversations (People v. Hill (1974) 12 Cal. The 20 Most Notorious Women on Death Row - Stay At Home Mum We thus conclude that Dominguez' statements about Castro were not substantially incriminating within the meaning of Bruton or Aranda. 3d 301, 308-309 [104 Cal. 3d 738, 749-750 [169 Cal. supra, 114 Cal. 3d 503]. Northern District of California - United States Department Of Justice (People v. Guillebeau (1980) 107 Cal. "The circumstances of his death are being investigated,". 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. The judgments as to Dominguez and Castro are affirmed. 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. Nuestra Familia (NF) Timeline - StreetGangs.Com forum on gangs around OAKLAND - Four members of the Nuestra Familia criminal organization - including the top gang leader - were sentenced to federal prison today for racketeering, murders, robberies, drug offenses, and related acts announced U.S. Attorney Brian J. We've turned a lot of people down.". Hernandez also said that Castro said that the person in the driveway was Wolfie. We believe this makes Leach inapposite to the instant case. ], This site is protected by reCAPTCHA and the Google. "There is a philosophical component to the Nuestra Familia. Allen R. Crown and Quin Denvir, State Public Defender, under appointments by the Court of Appeal, Stanley Kubochi and Richard L. Phillips, Deputy State Public Defenders, for Defendants and Appellants. Below are the men and women currently on death row. 4257. 386]; People v. Miller (1960) 185 Cal. [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. (Id, at p. When they turned onto Virginia Street, the three men saw a group of people talking and drinking beer near two parked cars. 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. After the 2016 moratorium on executions, the biggest danger to death row inmates now is suicide. Rptr. 280, 611 P.2d 874]. App. 20 Dominguez contends that the prejudicial evidence about Nuestra Familia activities outweighed its probative value in proving a motive for the killing. After Hernandez discovered that his ammunition was expended, he shouted, "Let's go" to Dominguez and Castro. Twenty-One Drug Traffickers Associated With Nuestra Familia Arrested On According to Mrs. Cobos, the car was purchased so that some Nuestra Familia "brothers" could "go back to their home town to report in to their parole officers." (a)). Man guilty of San Jose murders dies on San Quentin death row He saved the D.A. Rptr. To this extent, we believe the evidence did aid jurors in identifying appellants (who traveled to Bakersfield from the Salinas regiment) as the individuals who did the shooting on October 21. San Jose killer found dead in San Quentin cell - The Mercury News No executions have taken place since 2006, when 76-year-old killer Clarence Ray Allen was killed by lethal injection. Castro hypothesized that the Fierros were the individuals in the yellow car who had shot at them, mentioning the name of "Wolfie" [121 Cal. 17 to the jury which carefully limited application of the evidence pursuant to the coconspirator exception. January 13, 1943 11 members of the 38th street gang are sentenced to prison for the murder of Jose Diaz. (Opinion by Zenovich, J., with Hopper, Acting P. J., and Andreen, J., concurring.). 3d 505]. 2d 284, 287-288, 89 S. Ct. 1726]; People v. Epps, supra, 34 Cal.App.3d at pp. The trio did not see any of the Fierros; accordingly, they left the park around midnight. Members agree to commit crimes such as murder . 698, 500 P.2d 610]: "It is for the trier of fact--considering the unique circumstances and the nature and purpose of the conspiracy of each case--to determine precisely when the conspiracy has ended. The Vanguard prison gang was recently demoted to the status of a mere "disruptive group" by corrections officials. He added: If [prisoners] dont assault staff when given the opportunity, they will be disciplined by other inmates here in the facility. 675].) The People cogently note that the evidence established the existence of a conspiracy among Hernandez, Castro and Dominguez to kill one of the Fierros in order to promote their own interests within the Nuestra Familia. 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." In the alternative, Dominguez argues that he was denied due process because such evidence might tempt the jury to find him guilty due to his association with the gang. FN 20. 6.21.). 250].). Gang Questions, Info & News - West Coast - U.S.A. Gang Questions, Info & News - East Coast - U.S.A. Gang Questions, Info & News - Mid West - U.S.A. Gang Questions, Info & News - South - U.S.A. Gang Questions, Info & News - General - U.S.A. International Street Gangs & Organized Crime, Middle East / South East / Far East - Asia, Mexico, Central America, South America & the Caribbean, Canada street gangs & US Organized Crime, Past Figures, The Infamous & Legends of the Game, Prevention, Intervention, Education and Awareness, Open Section for Other Random Topics & Controverisal issues, http://www.geocities.com/jiggy2000_us/f eline.html. Although a "continuing" conspiracy is not probable in some situations (see People v. Pic'l (1981) 114 Cal. As indicated earlier, any deserters from the organization were subject to an automatic death sentence by current members of the Nuestra Familia. The respective conversations occurred on October 22 and 28, 1977. Herminio Serna, 53, died late Monday at San Quentin State Prison after he was found unresponsive in his single cell. 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.. It was further alleged that, in the commission of the murder, a principal was armed with a handgun (Pen. 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." The lieutenant of the Salinas regiment was Arthur "T-Bone" Lasolla. Before the superior court hearing the section 995 motion, appellant's trial counsel said he had previously objected to the municipal court's assertion of jurisdiction on the assault count. (Id, at pp. for cert.,sub nom., McGautha v. California (1971) 402 U.S. 183, 186 [28 L. Ed. App. Outside the Hall of Justice, Chavezs relatives expressed gratitude to the jury and praised prosecutor Matt Braker.