161, 461 P.2d 361], cert. We note that none of the jurors raised their hands when the court asked if they needed clarification in regard to its admonition. 2d 223, 248 [32 Cal. . App. 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. Moreover, unlike the situation in Perez, the court below took careful pains to note that it would not allow wholesale introduction of unrelated criminal activities of the Nuestra Familia. [14] At the time of Operation Black Widow, law enforcement officials had estimated that Nuestra Familia was responsible for at least 600 murders in the previous 30 years. 3d 491] sometime during the conversation. Child murderer Edward Schaefer was fatally stabbed in the neck and chest with a home-made weapon described as a bone-crusher in 2010. fn. Tracey Kaplan is a reporter for the Bay Area News Group based at The Mercury News. El Asesinato de Abby Choi, fue un homicidio, suscitado el 21 de febrero de 2023, tres das despus de que fue reportada como desaparecida, la socialite, influencer de las redes sociales y modelo de Hong Kong de 28 aos, encontrndose su cuerpo sin cabeza descubierto en una aldea en Tai Po, un suburbio en Hong Kong.Segn se informa, algunas de las partes de su cuerpo estaban ocultas dentro . Moreover, even if the evidence was not admissible under the coconspirator exception, we believe its introduction at trial was not prejudicial to Dominguez. Castro has failed to show that the trial court's sentence was arbitrarily imposed or the product of whimsical thinking. 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. They found no shortage of young men willing to sign up, with money and power seducing many Mexican-Americans to joining the gang. "It takes time for a person to accept . ", 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). In addition, the trial court gave an oral admonition and closing instructions fn. "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. FN 13. Regarding his claim to good-time/work-time credits, this is compelled byPeople v. Sage (1980) 26 Cal. 9.5% of death-row prisoners had a prior homicide conviction. The indictments against the Nuestra Familia, released in 1992, charged 21 defendants with plotting and committing six murders. 254]. "My guy has never been shown to be the triggerman, just a loudmouth who hasn't done much except write a lot of letters and blow off lots of steam.". Historica Wiki is a FANDOM Games Community. 28 Since Castro has not included a transcript which shows the court's reasons for so sentencing Dominguez, we believe it would be improvident to strike the consecutive enhancement imposed upon Castro. 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. 852, 511 P.2d 1204]), we conclude Castro has no standing to assert this contention before us. Following completion of a court-ordered diagnostic report by the California Youth Authority, Castro was sentenced to a life term on the murder count and a one-year enhancement was imposed pursuant to Penal Code section 12022, subdivision (a). 764-765). At a later point, defense counsel moved to strike the testimony, and this motion was denied. 156-158.) FN 24. Death row for men and women will soon be dismantled. Nuestra Familia -- "Our Family" in Spanish -- has been a burr in the tail of law enforcement since 1968, when, as myth has it, the organization sprang to life in the exercise yard at San Quentin. (Rule 425 (a)(2), (a)(4), (b), Cal. 1, 457 P.2d 841]; People v. Lopez (1969) 1 Cal. 11. (Id, at p. By foot, the three men attempted to obtain more ammunition from Dominguez' uncle, who had a residence near the area of the shooting. ", FN 22. Thanks to frequent stretches in custody -- and occasional 10,000-word essays assigned by gang leaders -- the art of the handwritten letter flourishes in Nuestra Familia. (People v. Guillebeau (1980) 107 Cal. (SeeBruton v. United States (1968) 391 U.S. 123 [20 L. Ed. People v. Savala (1981) 116 Cal. In Leach, there was no independent evidence of the existence of a "continuing" conspiracy to justify the admission of some statements under the coconspirator exception to the hearsay rule. 203]. 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. Code, 187) and an assault with a deadly weapon (Pen. 435. "But in terms of being responsible for causing these deaths, he's probably the central figure. Dominguez rested on the evidence presented by the People. 649, 491 P.2d 1], app. This shooting was one of the most infamous killings, as it was recorded on video. Code, 954; People v. Flint (1975) 51 Cal. 675].) 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. The pages are decorated with tiny whimsical faces. In particular, the Leach court concluded that "The objective of the conspiracy was to kill Howard Kramer, not to collect insurance, and Leach cared not a whit whence his remuneration came, be it by insurance fraud, bank robbery, or dope peddling." [20], While Nuestra Familia is primarily a Chicano gang, membership sometimes extends to other Latinos as well as non-Latinos. Another prisoner John Mattox was transferred to San Quentin while showing signs of Covid. He initially showed that Officer Parker, one of the responding policemen, identified one named Freddie Fuentes as the person who exited the right front portion of the station wagon after it slid out of control. [11], Members of Nuestra Familia are known to wear red bandanas ("red rags") to identify themselves. 6.21.). The killings have been so painful for Chavezs family that many of her relatives remain in therapy, including the teenage cousin staying with her at the time of the killings, who woke up to find the house on fire and the little girls slain. Answers & Questions about gangs, organized crime, graffiti & gang activity around the World, Unread post 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. Some, like Sheila Apodaca's family, live too far away to follow the case, and assumed it had been resolved years ago. 1997-09-13 04:00:00 PDT SAN JOSE -- Three members of the Nuestra Familia prison gang were sentenced to death by a San Jose jury yesterday, bringing to an end a grueling yearlong murder and . App. There were multiple victims which I have already stated. fn. "San Jose wasn't such a low-crime area before we began this prosecution," Constantinides said. Steve Fierro told Fred Santa Cruz that he had been shot. [14] Thirteen of the defendants pleaded guilty; the other cases are still ongoing. 's lives, and continued to host meetings over the next four months that were taped. 2d 770, 785 [76 Cal. FN 26. "We were outnumbered, and we needed unity. Their only way to earn their status as the NF was to spend time in prison. [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. Hernandez was then put in contact with other individuals and made a trip to Fresno on October 13. fn. 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. (See People v. McGautha (1969) 70 Cal. . On October 21, 1977, Lasolla ordered Hernandez to go to Bakersfield with Dominguez and Castro so that appellants could report to their parole officer. Dominguez stepped on the gas and began to accelerate from the police vehicle. 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. FN 5. 393, 528 P.2d 1], disapproved on other grounds in People v. DeVaughn (1977) 18 Cal. (Lopez has two sons, born one month apart, by different women. 2d 655 [62 Cal. Mi intencin era expresar mi apoyo a las familias que a menudo esperan dcadas por justicia. He was shot by Rico Garcia at a meeting with him in a hit ordered by the imprisoned NF leaders, and the assassination led the police to also police their prisons and not just the streets. This event put into motion the longest-running gang war in the state of California. 401]; People v. Watson (1956) 46 Cal. Sign up for our free summaries and get the latest delivered directly to you. Although Hernandez thought "Well, now, I have him," he pulled the trigger again, only to find that the weapon was empty. Some of the victims had no close family or had destroyed their family ties through drug use and criminal activity. Rptr. Now with respect to talking to or saying anything to you with respect to how the car was lost what did he say? (Welf. In an interview between sessions in the witness box, Salazar said he turned state's evidence to avoid the death penalty, turn his life around and end four years of solitary confinement. 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. It didn't work. Court of Appeals of California, Fifth Appellate District. (Id, at pp. 15. Here, we go behind bars to take a look at what its death row is really like. A few days later, both Hernandez and Castro reported according to orders to the Salinas regiment of the Nuestra Familia. 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. 3d 503]. Two jurors indicated they would be biased and were excused for cause. The evidence about Castro's presence in the car was cumulative of testimony already provided by Hernandez and Villarreal. Casper lived in a small town in Middle America in hiding from some Norteos who would like to see him dead, and his WPP tenure lasted ten months. Rptr. Rptr. The families of the victims are noticeably absent from the courtroom. Rptr. App. 3d 497] For example, Villarreal testified that Dominguez told him after the shooting about dropping a "card." The last meals of US prisoners on death row. Rptr. fn. 11, 1981). As a subsidiary contention, Dominguez argues that he was denied due process because the evidence about the Nuestra Familia might have caused jurors to find him "guilty by association." 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." 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. 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. We thought maybe (Lopez) was getting out of prison by now," said one relative who asked not to be named. 19, Hernandez also testified about the obligations and responsibilities of Nuestra Familia members. As stated cogently in People v. Epps (1973) 34 Cal. 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. 3d 498] about "how many brothers we have in a regiment and how many robberies they did, how much money we had in the banks." . But "Everybody did it," Salazar shrugged. 3d 76, 98-99 [155 Cal. He is one of three men sentenced to death for slayings during the Nuestra Familia gang's alleged efforts to take over the drug trade in San Jose. Hernandez noted that he saw Tonito at the apartment and met another organization member named Sammy Dominguez. Villarreal and Castro escaped by jumping over fences and running through nearby yards. 1, and the Netas. If California votes to keep the death penalty, what does that mean for the state's execution methods? FN 8. [21] Other symbols include use of the number 14 or XIV, as the letter "N" is the 14th letter of the English alphabet. 1454].). 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 . After enduring testimony about the grisly way Rodrigo Paniagua Jr. slaughtered his family, a Santa Clara County jury today took the rare step of voting for his execution the first time a local panel has imposed the death penalty in 13 years. Rptr. FN 23. den. 2d 818, 836 [299 P.2d 243].). 26 substantially inculpated or incriminated him. Furthermore, the venire panel (from which the jury was selected) indicated it would not find defendants guilty because of their Nuestra Familia ties. The court gave comprehensive instructions on the law of conspiracy. Rptr. 3d 731, 764-765 [117 Cal. 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. Since this evidence on motive logically and naturally aided the People in rebutting the presumption of innocence and showing a reason for Dominguez' criminal behavior, it cannot be said the trial judge erred in concluding that its probative value [121 Cal. 23 [121 Cal. 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. Luke 2:33-35 Jesus' father and mother were amazed at what was said about him; and Simeon blessed them and said to Mary his mother, "Behold, this child is destined for the fall and rise of many in Israel, and to be a sign that will be contradicted and you yourself a sword will pierce so that the thoughts of many hearts may be revealed." Traditionally, there are the "Seven Sorrows of Mary . App. [11] 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. You can explore additional available newsletters here. App. 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. [121 Cal. Hernandez testified that Dominguez and Castro returned with a .38 handgun and cartridges. 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? The People argue that the evidence had probative force as far as showing Dominguez' motive for shooting at Wolfie. [121 Cal. 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. 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. App. They appeal. 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. App. Rptr. Hernandez, Dominguez, Castro and Anna Ruiz, Dominguez' girlfriend, departed Salinas later that day in the white station wagon purchased in San Jose. FN 19. 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). 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. 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. The men returned to the station wagon and traveled to Villarreal's residence. "They like to talk about 'the struggle' or 'the cause,' but who are they killing? ), FN 17. We disagree. 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 531, 547-548 [166 Cal. Appellant claims that this determination was erroneous, since the court hearing the criminal charges should have referred him for a juvenile court fitness hearing before proceeding on the assault count. A fourth man, Eddie Pajaro Vargas, 55, was also convicted of murder and conspiracy to commit crimes including murder. Instead, prosecutors say, the 10 victims were executed by their own underworld friends and "family" in a misguided campaign to revitalize the Nuestra Familia prison gang in San Jose. 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 . Rptr. The final tally left 11 wounded and mafia member . As of 2020, the average age of death row inmates nationally was 52 years . 3d 824, 875-877. Wolfie subsequently died; a post mortem examination showed that his death was caused by a .22 projectile which perforated his aorta. You already receive all suggested Justia Opinion Summary Newsletters. 3d 592, 595-598 [171 Cal. The People argue that there was a "continuing" conspiracy until information about the shootings was relayed to Salinas Lieutenant Lasolla. Gavin Newsom signed an executive order to impose a moratorium on the death penalty in California. 22 We are not persuaded. 353, 407 P.2d 265]) violation. They adopted a public profile, promoting a gangster rap album by G.U.N. Gavin Newsom signed an executive order to impose a moratorium on the death penalty in California. Trujeque was once kidnapped and roughed up by fellow gang members who suspected him of not attending to gang business. A prosecutor said then he hoped the convictions would deal a devastating blow to the gang, which began in the late 1960s at San Quentin. 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. 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. den. As the thief brazenly walked the yard in his stolen shoes, the victim and his Northern California friends rose up and fought. The three men believed they had been attacked "by possible enemies of the Nuestra Familia" and considered it their duty "to kill [the Fierros] if possible." Although our Supreme Court is presently considering cases involving the privacy rights of jail inmates (People v. Maxie (Cal.App.) She was 21 when she died. App. East Block - home to 500 convicts - is a towering five storeys high. 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. The Epps court concluded that a defendant's statements which did not directly inculpate or refer to his codefendant were not substantially incriminating to the nondeclarant defendant in light of other evidence showing that the two men were acquainted with each other. We now address appellant's separate contentions. 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App. "We'd go see what we could find as far as drug connections to rob, we'd look for people to kill. Gangs like the Mexican Mafia, Nuestra Familia, Nazi Low Riders, the Bloods, and the Crips also operate in the prison. 478.) Although he did not move for a severance, Castro properly preserved assertion of the confrontation issue by entering a timely objection and a timely request for excisions/deletions. Castro's defense was primarily one of mistaken identity. Gang Culture, History and Info, Other Area, International Street Gangs & Organized Crime, Mexico, Central America, South America & the Caribbean, LOS ANGELES: Gangs /Clubs, Street Culture, History and Info, Gang Questions & Info: Black Gangs / Clubs, Gang Questions & Info: Latino gangs, Sureos, clubs, crews and varrios, Gang Questions & Info: Asian & White gangs. 3d 419 [124 Cal. by thewestside May 20th, 2008, 2:20 am, Return to Mexico, Central America, South America & the Caribbean, Powered by phpBB Forum Software phpBB Limited. Although he was not a Nuestra Familia member anymore (he dropped out), he wanted to sell his drugs in the same place. Last year the prison was accused of letting Covid-19 run rampant throughout the cramped and overpacked prison. 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. (1969)393 U.S. 1104 [2 L. Ed. "Those individuals were assaulted to the point where their injuries were extremely severe and they were never, ever able to return to duty..