nuestra familia on death row

The three men had guns and were prepared to "open fire" on the Fierros if they arrived. App. Currently, county prosecutors have only one other capital case pending that of Melvin Forte, who is charged with kidnapping, raping and fatally shooting Ines Sailer in January 1981. by SUR 14 May 19th, 2008, 11:21 pm, Unread post 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. 160-161; People v. Martin (1971) 17 Cal. Villarreal and Castro escaped by jumping over fences and running through nearby yards. (CALJIC No. fn. Code, 604.) 166, 548 P.2d 366]; People v. Schader (1969) 71 Cal. Child murderer Edward Schaefer was fatally stabbed in the neck and chest with a home-made weapon described as a bone-crusher in 2010. Each also was convicted of committing two or three of five murders. Castro's defense was primarily one of mistaken identity. 445-446; People v. Pic'l, supra, 114 Cal.App.3d at p. Having sex with another gang member's woman is strictly against the 14 Bonds. App. Some, like Sheila Apodaca's family, live too far away to follow the case, and assumed it had been resolved years ago. 156-158.) He was validated as a member of the Nuestra Familia prison gang in December 1997. 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. Click on the photos to learn more about the crimes that put them there. Thus, since Castro's statements were admissible under the coconspirator exception, there was no confrontation or Aranda (People v. Aranda (1965) 63 Cal. 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 . 6 In addition, Lasolla indicated that the men should kill any enemies of the Nuestra Familia which they might encounter in Bakersfield. fn. The NF has a formal written constitution and a membership of approximately 250, with an additional 1,000 associates. Hernandez noted that he saw Tonito at the apartment and met another organization member named Sammy Dominguez. Hernandez and Castro attempted to obtain the guns from the station wagon; Castro aimed the .38 out the window and emptied it in the yellow car as it sped away. Code, 707, 707.1.) Villarreal said that Dominguez and Castro excitedly told him about "dropp[ing] a card" and about shooting at some people who were standing in front of a house. Casper was sent back to prison for communicating with the gang, violating his parole, and was sent back for six months. The Vanguard prison gang was recently demoted to the status of a mere "disruptive group" by corrections officials. We thought maybe (Lopez) was getting out of prison by now," said one relative who asked not to be named. The People correctly note that the evidence relating to gang membership is different than the "criminal propensity" character evidence prohibited by Evidence Code section 1101, subdivision (a). These cases are inapropos to the present one, since the evidence related to activities of a gang to which appellant had pledged his loyalty. 13 One of Hernandez' orders was to kill any Nuestra Familia enemies which he and appellants might encounter while in Bakersfield. 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. Rptr. East block prisoner and killer Raymond Lewis, 41, said: To me, this is worse than death. 3d 499] exceeded its prejudicial effect. 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. This book follows the life of Robert Gratton, one of the highest-ranking members of La Nuestra Familia, one of California's most violent prison gangs credited with over 300 murders. App. ), FN 21. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. 618.) Robert Alton Harris - who murdered two teenage boys in 1978 - was the last prisoner gassed to death in San Quentin. In the summer of 1991, that came up a few times.". "It takes time for a person to accept . This Sept, 14, 2018 photo released by the California Department of Corrections and Rehabilitation shows inmate Herminio Serna. 2d 818, 836 [299 P.2d 243].). Rptr. Rptr. The prosecuting attorney indicated that Castro had been found unfit to be tried as a juvenile on the murder count pursuant to Welfare and Institutions Code section 707. Although Hernandez thought "Well, now, I have him," he pulled the trigger again, only to find that the weapon was empty. If California votes to keep the death penalty, what does that mean for the state's execution methods? Shawna Forde, 43, was found guilty of the murder and invasion of the home of Raul Flores, 29, and his daughter, nine-year old, Brisenia. 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 . Paraplegics have a shorter- than-average life spans, and a gang snitch paraplegic in state prison faces even greater risks. Rptr. Code, 12022, subd. People v. Dehnel (1979) 99 Cal. 15. (hg. 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. We thus conclude that Dominguez' statements about Castro were not substantially incriminating within the meaning of Bruton or Aranda. When the bullet-torn bodies started turning up on the streets and playing fields of San Jose, it was quickly obvious that a gang war had broken out. 432-435.) We believe this makes Leach inapposite to the instant case. 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. Two former death row employees testified that defendant had been trouble free while they were there. Second, Castro's contention is flawed on the merits. The court then noted, "They are only being tried for this one crime, not all the other crimes that the Nuestra Familia might have done. 551] and People v. Jackson (1967) 254 Cal. 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." None of the jurors could be immediately reached for comment. "A. [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]. (Opinion by Zenovich, J., with Hopper, Acting P. J., and Andreen, J., concurring.). What did he say in that regard? App. (Welf. But the trials have also provided an intimate, through-the-looking- glass view into a shadowy American subculture. Ver en lnea gratis. 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. He was displaying highly vicious behavior and he was very much an active participa[nt]." There was planning and there was sophistication and it was quite well planned. An examination of these cases shows that their factual situations are quite divergent from the present one. 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. 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. So is drug use. Apodaca was Lopezs lover, who had threatened to tell authorities what she knew about the gangs involvement in other killings. Lieutenant Robinson described how one prisoner viciously "retired" guards in the adjustment facility, and said prisoners were punished by fellow lags if they didn't take a chance to attack officials. She grew up with that thing: I have to stick with my guy, he said of his late niece. 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." The evidence about Castro's presence in the car was cumulative of testimony already provided by Hernandez and Villarreal. 3d 496] Familia or, in the alternative, to earn a recognition "star" for purposes of gaining status within the organization. You can explore additional available newsletters here. 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As noted earlier, David Hernandez was told to accompany Dominguez and Castro to Bakersfield and was given three orders to carry out. But prosecutors say the coded messages were far from playful, serving to order hits and announce the results. "There is a philosophical component to the Nuestra Familia. Evidence from Cobos and other witnesses established that Hernandez and appellants had to kill the Fierros in order to avoid punishment in the Nuestra [121 Cal. Hernandez had to get information from Castro so that he could accurately relay a synopsis of the shooting incident to Lieutenant Lasolla. 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. Arroyo is serving 20-to-life; Shelton got 25- to-life for each of the four murders he confessed to. FN 7. Hernandez was subsequently arrested in Hayward on November 2, and Castro was apparently arrested sometime after the shooting. Serna had been on death row since Nov. 26, 1997. "In the '50s and '60s, the gang leaders had been in the military, they had some discipline," she said. Another prisoner John Mattox was transferred to San Quentin while showing signs of Covid. (Poeple v. Leach, supra, 15 Cal.3d at p. 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. Gangs like the Mexican Mafia, Nuestra Familia, Nazi Low Riders, the Bloods, and the Crips also operate in the prison. "San Jose wasn't such a low-crime area before we began this prosecution," Constantinides said. App. Mexico, Nuestra Familia (Spanish for "our family") is a criminal organization of Mexican American (Chicano) prison gangs with origins in Northern California. By foot, the three men attempted to obtain more ammunition from Dominguez' uncle, who had a residence near the area of the shooting. All right, I will still overrule the objection because it does tend to show it is a criminal organization. "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.". Nuestra Familia launches a reprisal attack on the Mexican Mafia at 2:30 pm. App. More and more NF members were recruited in the 1980s, and they wanted to control all of California from Bakersfield. [9a] Castro then contends that it was an abuse of discretion to deny his motion for a mistrial because witness Cobos' testimony about statements made to her by appellant Dominguez substantially incriminated him. In addition, Alex Santa Cruz testified that Freddie Fuentes was present at the party where the shooting occurred. 26 substantially inculpated or incriminated him. The trial court admitted Farr's testimony under Evidence Code section 352. 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. (See Welf. 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. This motion was denied by the judge hearing the section 995 motion. Herminio Spankio Serna, 53, was found unresponsive in his one-person cell on death row, said CDCR spokeswoman Terry Thornton. Rptr. On 18 May 2000, NF gang member Casper (who was Rubelcaba's right-hand man) was released from jail and was ordered to run the street operations of the gang, becoming the leader of NF on the outside. 3d 505]. Since evidence about the criminal purposes of the Nuestra Familia was similarly relevant in the instant case, Beyea shows why the trial judge here was justified in allowing its introduction at trial. Dominguez made a U-turn and drove by the residence a second time. Hernandez' victim screamed and hit the ground with a painful cry. 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. Aggressive or predatory inmates are forced to exercise alone in 32 individual yards while others go to two group yards four times a week. The men returned to the station wagon and traveled to Villarreal's residence. 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. They appeal. Hernandez was given complete immunity in the municipal court for his testimony at this trial. 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. 3d 807, 823; People v. Morales (1968) 263 Cal. Were happy now; our girls can finally rest in peace.. Lopez had arrived in San Lorenzo as a teenager, and quickly made a reputation as a heartless tough guy. 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 . & Inst. In early June, the same jury took less than two hours to convict Paniagua of arson and four first-degree murders. 2d 761, 775 [80 Cal. Oregon,[6] Texas, Utah,[7] Washington[8] Villarreal said he obtained a .38 gun for them from Tony Perez, giving it to Dominguez and Castro when they returned to his house on a second occasion. Rptr. Gangs like the Mexican Mafia, Nuestra Familia, Nazi Low Riders, the Bloods, and the Crips also operate in the prison. 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. Moreover, the solid and credible evidence against Dominguez made it unlikely that a more favorable result would have been achieved had the testimony been excluded. Hernandez said that he was required to report such activities to Lasolla. 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. He was classified as a "Grade B" prisoner at San Quentin, based on violent tendencies and gang membership. Rptr. 82]) unless an attorney consults with the defendant in a room designed for that purpose (People v. Lopez (1963) 60 Cal. We are not persuaded for the following reasons. 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. 402], cert. 833, 502 P.2d 1305, 57 A.L.R.3d 155]; People v. Rodriguez (1981) 117 Cal. 3d 404, 408-409 [160 Cal. 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. 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. 359]; People v. Estrada (1979) 93 Cal. The verdict does not change how we feel about our brother/son/Jr. 3d 824, 875-877. Sheila's family disapproved of the match, and was relieved when she called home to say she was coming back. Since no reasonable expectation of privacy exists in jail telephone conversations and the [121 Cal. Although our Supreme Court is presently considering cases involving the privacy rights of jail inmates (People v. Maxie (Cal.App.) [11], Members of Nuestra Familia are known to wear red bandanas ("red rags") to identify themselves. 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. As the verdicts were read to a hushed courtroom filled with the victims relatives and lawyers eager to learn the outcome of the rare capital case, Paniagua had no visible reaction. Sammy Simenthal Dominguez and Anthony Castro were charged with having committed murder (Pen. (b). No heroin, for instance, because it makes you lazy. 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. Members swear fealty to the gang and vow to uphold the "14 Bonds," which mandate secrecy, obedience and respect within the gang. [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. App. On 20 April 2001, federal agents arrested 13 members of NF, including 6 inmates, among them Rubelcaba. 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. 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. March 13, 2019 Gov. Victims' families wrestle with grief as they weigh the death penalty on the ballot. 156-158.) ", Turncoat and quadruple murderer "Lucky" Shelton, for instance, has been referred to even by the prosecution as a "homicidal maniac.". The women said they were angry with Paniagua for the killings, but implored the jury to spare his life. 3d 575, 582-583, fn. 330].) 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. 203]. [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. Location: 2700 N. Virginia Street ~ Reno, NV Telephone: 775-323-0133 Fax: 775-323-1229 Email: omos@CatholicCemeteryReno.org Gates and Mausoleum Buildings are open every day of the year (weather permitting) from 8:00 a.m. until 4:30 p.m. 45], citing People v. Woodberry (1970) 10 Cal. "They were not the kind of guys who would have killed Sheila Apodaca. Some of the victims had no close family or had destroyed their family ties through drug use and criminal activity. Those who dont want to be gang-affiliated walk alone and face a constant battle to stay outside the gang system. 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. Hernandez, Dominguez and Castro stayed at the Salinas apartment for a week and became a part of that particular regiment. The first. As Dominguez stopped the car and Hernandez began to depart from it, the group began to scatter. App. The only pertinent facts can be drawn from the assertions of the respective parties at oral argument on the section 995 motion. 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. [121 Cal. As Dominguez made a right-hand turn onto Ninth Street, the station wagon slid out of control, hit a fence, and eventually stopped. 3d 510] conduct credits to which appellant Castro is entitled upon Castro's application for administrative determination of such credits. Code, 352.) However, extensive legal challenges are likely to delay his execution date for some 20 years. 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. 532].). 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 . [21] Nuestra Familia's written constitution allegedly states that no member should prioritize women, money or drugs over their membership in the gang. In closing argument, his attorney urged that jurors could not find beyond a reasonable doubt that Dominguez was the one who killed Wolfie or wounded Santa Cruz. Moreover, even if the evidence was not admissible under the coconspirator exception, we believe its introduction at trial was not prejudicial to Dominguez. 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 . 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." 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. 18 (Evid. Ver: Death Row Diner 1988 Pelcula completa en espanol. Finally, we believe the admission of Castro's statements was harmless in light of the overwhelming evidence which placed Dominguez at the scene of the shooting and which implicated him in the killing of Wolfie. 17 August 2020. 12 Fuentes was arrested as a suspect, although he was eventually released. The gang is allies with the Bloods, Crips, and Black Guerrilla Family, while it is hostile towards the Mexican Mafia, Mexikanemi, MS-13, Texas Syndicate, Fresno Bulldogs, Nazi Lowriders,Aryan Brotherhood, Public Enemy No. 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. Rptr. Castro has failed to show that the trial court's sentence was arbitrarily imposed or the product of whimsical thinking. 2d 284, 287-288, 89 S. Ct. 1726]; People v. Epps, supra, 34 Cal.App.3d at pp.

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