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. Alex Santa Cruz offered testimony in which he described how he and some friends went from the liquor store on California Street to a party at the house on Virginia Street. He was classified as a "Grade B" prisoner at San Quentin, based on violent tendencies and gang membership. 3d 661, 669 [95 Cal. In 2008, San Quentin opened a new $853,000 death chamber at the prison - but it will never be used. FN 3. ", Attorney Guerin Provini, who represents Bobby Lopez, chafes at the unfairness of cutting deals with the gang leaders, then using their testimony in seeking the death penalty against "the Munchkins. Cobos, a former message carrier for the Nuestra Familia, described her duties and revealed the names of the superiors to whom she reported. (Id, at p. 786, 558 P.2d 872]; North v. Superior Court (1972) 8 Cal. Those who dont want to be gang-affiliated walk alone and face a constant battle to stay outside the gang system. A gang member sentenced to death in 1997 for multiple murders in San Jose died at San Quentin State Prison on Monday, according to the California Department of Corrections and Rehabilitation. 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. 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. If they did not retaliate, Hernandez indicated they would be branded as cowards and killed by their gang. Code, 352.) Arroyo is serving 20-to-life; Shelton got 25- to-life for each of the four murders he confessed to. The senior La Eme leaders ordered the murder of two Familia leaders just prior to an important peace conference between Cadena and Death Row Joe Gonzalez, a NF leader . 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. "They like to talk about 'the struggle' or 'the cause,' but who are they killing? 3d 788, 793 [108 Cal. 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. With regard to the assault count, the information alleged that both defendants were armed with a handgun during the commission of the offense (Pen. (Id, at pp. Hernandez noted that he saw Tonito at the apartment and met another organization member named Sammy Dominguez. (CALJIC No. 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. From this point onward, the rules applicable toward criminal cases were operative. FN 5. "They profess such loyalty to the gang, such life-and-death devotion, they never thought their leaders would turn them in. Yet even ex-gangsters like Salazar have trouble explaining their devotion to Nuestra Familia. 203]. No contrary result is dictated by the recent case of People v. Fulks (1980) 110 Cal. 2d 335, 96 S.Ct. Even in lockdowns, NF members were able to communicate using fishing lines, and they could educate their friends about making crude weapons and using codes. At the outset, we believe Castro is barred from pursuing his first contention because of his failure to provide an adequate appellate record. [20] Cervantes' rise marked the first time in decades that the Norteos had a single leader at the helm of their criminal organization. App. Here, we go behind bars to take a look at what its death row is really like. Rptr. [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. 166, 548 P.2d 366]; People v. Schader (1969) 71 Cal. 3d 592, 595-598 [171 Cal. [14] Thirteen of the defendants pleaded guilty; the other cases are still ongoing. The final tally left 11 wounded and mafia member . 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." . They were unsuccessful in this attempt. . Herminio Serna, 53, died late Monday at San Quentin State Prison after he was found unresponsive in his single cell. Pero todo se complicar cuando un peligroso asesino en serie comience a dar caza a los no humanos. 2d 803, 92 S. Ct. 2452]; People v. Martin (1955) 45 Cal. 11, 1981). 11 At the request of both appellants, Villarreal entered the station wagon and agreed to accompany the three men for purposes of obtaining more ammunition for the .38. A few days later, both Hernandez and Castro reported according to orders to the Salinas regiment of the Nuestra Familia. 1137]) is misplaced. Plaintiff Bobby Lopez was convicted of three gang-related murders and sentenced to death in 1997. 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. 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. (People v. Love (1977) 75 Cal. ), FN 21. Hernandez responded by firing a .22 revolver at a person who had crawled underneath a nearby parked car. Thirteen of the defendants faced the death penalty. 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. fn. Hernandez exited out of the right front passenger door, pointed a gun toward the police, and ran from the scene. The judgments as to Dominguez and Castro are affirmed. Dominguez' counsel also argued that his client was guilty of no more than voluntary manslaughter. Hernandez testified that the three men might be branded as cowards and killed if they did not retaliate against the Fierros after the Fierros had shot at them. 634]), or unless a defendant is lulled into believing that his jailhouse conversations will be private (People v. Hill, supra, 12 Cal.3d at pp. Next, Hernandez, Dominguez and Castro each visited their respective mothers. At least one suspected murder weapon was recovered - made from bed parts and larger than a typical prison shank. The circumstances of his death are being investigated, Thornton said. 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. 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. 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. The trial court denied defense counsel's oral motion to exclude references to the "probation" or "parole" officer. Fabio Garza a Nuestra Familia soldier is murdered for stealing money belonging to the gang and using heroin. 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. 445-446; People v. Pic'l, supra, 114 Cal.App.3d at p. ), FN 16. He is serving a life sentence at the Correctional Training Facility in Soledad. Accordingly, it was not erroneous for the superior court to deny Castro's section 995 motion. "All of this 'High Noon' playing around just littered the streets with bodies," said Deputy District Attorney Catherine "Kitty" Constantinides. 15K subscribers David Contreras and Carlos Chacon talk about the Nuestra Familia in San Diego. ", FN 22. fn. 3d 824, 875-877. "In the '50s and '60s, the gang leaders had been in the military, they had some discipline," she said. Historica Wiki is a FANDOM Games Community. Members swear fealty to the gang and vow to uphold the "14 Bonds," which mandate secrecy, obedience and respect within the gang. "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.". fn. Such a record is deficient and hampers intelligent appellate review. App. 3d 498, 507, 509 [165 Cal. Apodaca was Lopezs lover, who had threatened to tell authorities what she knew about the gangs involvement in other killings. Cobos said that she carried orders to subordinate gang members to get involved with "hits, prostitutions, drugs, anything that would bring in some money to the organization." In addition to the trial in Murphy's courtroom, which began in January and was set to go to the jury last week, another two trials with six defendants are under way just upstairs. Former gang members testified against the defendants in exchange for lesser sentences. A death-row inmate convicted of three gang-related murders in 1997 died of unknown causes at San Quentin State Prison this week, corrections officials said. 3d 731, 764-765 [117 Cal. Rptr. 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." 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 . Or, as Chaucer would have said, guilty because of his membership in the "Parliament of Fowles.". The largest of the federal investigations was Operation Black Widow. "But now they come to us, and we think, 'Well, how much use are you going to be to us?' den. More and more NF members were recruited in the 1980s, and they wanted to control all of California from Bakersfield. Rptr. And after they call a hit, you gotta do it.". App. Death Row Around 2, 500 prisoners currently face execution in the United States. "But in terms of being responsible for causing these deaths, he's probably the central figure. & Inst. 2d 223, 248 [32 Cal. fn. 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. FN 19. "I wanted them to notice the wheelchair less, and notice me more. 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. First, Castro does not demonstrate why he should be able to derivatively defend the rights of privacy possessed by Dominguez. 3d 490], The three men then drove to another location in Bakersfield and contacted Eugene Villarreal. "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. 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. Wolfie left Fred Santa Cruz' presence, and Fred crawled underneath a car. 752, 541 P.2d 296] (cert. (See Welf. The three men traveled to and set up surveillance at a particular residence. Rptr. This makes gang recruitment a harder sell. 2d 441, 91 S. Ct. 462]; People v. Pic'l. The district attorney agreed with this assessment. But on a more fundamental level, the NF is dying because today's gangsters are simply of poorer quality than in the past, said Kitty Constantinides. Hernandez, Dominguez, Castro and Anna Ruiz, Dominguez' girlfriend, departed Salinas later that day in the white station wagon purchased in San Jose. Rptr. A criminalist examining Fuentes on October 22 at 4:30 a.m. found gunpower particles on his hands and certain items of clothing. 3d 507], Second, any erroneous introduction of the references to Castro was nonprejudicial. Mar. 17 to the jury which carefully limited application of the evidence pursuant to the coconspirator exception. With a plea-bargained sentence of 25 to life, Salazar expects to die in prison. That's ridiculous." There was planning and there was sophistication and it was quite well planned. Hernandez "was going to be in charge of collecting all the money that the prostitutes in Fresno made during the night.". After the 2016 moratorium on executions, the biggest danger to death row inmates now is suicide. & Inst. [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. The NF fell into disarray, and Casper was still undercover when the chaos began. Rptr. Cobos testified that she was living in the Salinas regiment. The Constantinideses and some gang experts are confident that Nuestra Familia is on the ropes. Rptr. With regard to Dominguez' references to Castro in the tapes, the court ruled, "I think they have admissibility against Sammy Dominguez to show he knows Tonito and none of them accuse Tonito of anything." Perez denied that Villarreal ever asked him for a gun and further denied ever giving a gun to Villarreal. 28-29; Jackson, supra, at pp. San Jose jury: Put man who killed family to death, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Los Gatos: Hundreds still without power as Black Road repair project finishes early. den. Tracey Kaplan is a reporter for the Bay Area News Group based at The Mercury News. According to prosecutors, the order to kill Apodaca was placed by phone from the fourth floor of the county jail, where Lopez was being held on other charges. [20] The remaining leadership of the organization in Pelican Bay consists of Daniel "Stork" Perez, Anthony "Chuco" Guillen and George "Puppet" Franco. App. App. by Common Sense August 23rd, 2007, 11:01 am, Unread post Nuestra Familia launches a reprisal attack on the Mexican Mafia at 2:30 pm. Schaefer, 44, of Novato was repeatedly gored in a prison yard by an unnamed inmate and died the same day. (Welf. Rptr. It happened in May 2009 in Arivaca, a desert community, 10 miles north of Mexico. App. (Opinion by Zenovich, J., with Hopper, Acting P. J., and Andreen, J., concurring.). [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. 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. 2d 59, 71 [8 Cal. Hernandez said that he was required to report such activities to Lasolla. App. Wolfie subsequently died; a post mortem examination showed that his death was caused by a .22 projectile which perforated his aorta. fn. Dominguez was arrested after being found underneath the station wagon. App. The CDCR says that Serna, 53, died late Monday, Dec. 3, 2018, at San Quentin State Prison and that the death is not being investigated as a homicide or suicide but that it will take an autopsy to determine how he died. Rptr. In early June, the same jury took less than two hours to convict Paniagua of arson and four first-degree murders. Rptr. By foot, the three men attempted to obtain more ammunition from Dominguez' uncle, who had a residence near the area of the shooting. Code, 707, 707.1.) 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." There was bodily harm and one victim was shot in the leg, and of course another one was killed. This testimony was introduced over defense objection. Shelton was commander of the NF's San Jose regiment, and Lopez his newly minted second-in-command, prosecutors say. 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. As stated cogently in People v. Epps (1973) 34 Cal. App. The Hispanics would have a lot more power in prison and on the streets if they weren't divided amongst themselves, i.e. The constitution of the organization levies an automatic death sentence upon any member who turns coward, traitor or deserter. [12] Castro finally contends that he is entitled to additional custody credits and to good-time/work-time credits. FN 28. "Especially drugs.". Testimony by Cobos revealed that transmission of the details of the killing was a prerequisite to earning a "star" within the Nuestra Familia. FN 26. 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. App. 6.13, 6.22)--also made it unlikely that jurors convicted Dominguez because [121 Cal. We note that during voir dire examination the jury panel was asked about their knowledge of Mexican gangs known as the Nuestra Familia and the Mexican Mafia. Under these circumstances, we believe the jurors were justified in concluding that the subsequent conversation between Hernandez and Castro was in furtherance of the gang-related purposes of the conspiracy to kill the Fierros and other enemies of the Nuestra Familia. 833, 502 P.2d 1305, 57 A.L.R.3d 155]; People v. Rodriguez (1981) 117 Cal. 3d 301, 308-309 [104 Cal. FN 20. Were happy now; our girls can finally rest in peace.. Gov. My family and I were hopeful for a different outcome and prayed to God to help all affected by this tragedy, Rachel said in the e-mail. ", Turncoat and quadruple murderer "Lucky" Shelton, for instance, has been referred to even by the prosecution as a "homicidal maniac.". 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.. No executions have taken place since 2006, when 76-year-old killer Clarence Ray Allen was killed by lethal injection. 402], cert. 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 . He looks keenly at everyone who enters or leaves the courtroom, though spectators are warned not to look back, because communication with the accused is strictly forbidden. 3d 807, 822-823 [95 Cal. 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). (See People v. McGautha (1969) 70 Cal. Instead, the evidence about the criminal purposes of the Nuestra Familia was relevant to prove the motive for the shooting of Wolfie Fierro. 2d 368, 374 [69 Cal. 3d 499] exceeded its prejudicial effect. Now with respect to talking to or saying anything to you with respect to how the car was lost what did he say? People v. Leach, supra, 15 Cal.3d at pp. (Cf. 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. Rptr. Further, inquiry was made as to whether any of them had read articles concerning law enforcement problems with gang warfare among the Mexican American people. fn. Get Morning Report and other email newsletters, Defendant Rodrigo Ortiz Paniagua (cq), 29, was arraigned today for four counts of homicide in Santa Clara County Court in San Jose. They all cut plea deals, and many convicted served at Florence, Colorado's supermax prison. (Anne-Marie McReynolds/ Mercury News). At the same time, Cuete Rubelcaba ordered a hit on Casper, whom he used as a scapegoat - Rubelcaba was accused of embezzling money from the gang, so he decided to pin the blame on Casper, the only person who knew that he stole from the gang. 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. Thirteen of the defendants faced the death penalty. 3d 446, 453 [171 Cal. 14. Moreover, even if the evidence was not admissible under the coconspirator exception, we believe its introduction at trial was not prejudicial to Dominguez. [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. Hernandez also fired at the vehicle once. Before addressing these contentions, we believe the relevant facts should be set forth. Robert Alton Harris - who murdered two teenage boys in 1978 - was the last prisoner gassed to death in San Quentin. Quando ocorre um assassinato, a polcia recorre ao Dr. David Hunter (Harry Treadaway, de Penny Dreadful e Mr. Mercedes) com um pedido de ajuda. We agree. "Those individuals were assaulted to the point where their injuries were extremely severe and they were never, ever able to return to duty.. But the first thing Chavez did with the hit list was to quietly slip it to his parole officer, prosecutors say. 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. Similarly, we believe the differences in sentence imposed upon Dominguez and Castro do not indicate an equal protection violation. . [14] While members of the Norteos gang are considered to be foot soldiers of Nuestra Familia, being a member of Nuestra Familia itself does not signify association as a Norteo. (People v. Owens (1980) 112 Cal. This was not a war between competing gangs, police realized. 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. 907].) App. 6 In addition, Lasolla indicated that the men should kill any enemies of the Nuestra Familia which they might encounter in Bakersfield. Dominguez stepped on the gas and began to accelerate from the police vehicle. 2d 818, 836 [299 P.2d 243].). While all Nuestra Familia soldiers and captains in California are expected to follow the orders of Cervantes, a small percentage of the gang remains loyal to the former generals and captains imprisoned in Colorado. (Harrington v. California (1969) 395 U.S. 250, 254 [23 L. Ed. 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.