2009). See Sheldon 's Criminal Record. . In addition, "[u]nder this rule, an accused's knowledge of and participation in an alleged conspiracy with the putative coconspirator are preliminary facts that must be established, by a preponderance of the evidence, before the coconspirator's out-of-court statements can be introduced into evidence." These examples illustrate how Feeney seeks to go beyond translating particular words with fixed meanings and opine about the origin and effect of a Nuestra Familia document, Nuestra Familia rules, the expectations of Nuestra Familia members, and particular actions by particular individuals holding particular positions within Nuestra Familia. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. The Court once again stresses the distinction between "sociologist describing the inner workings of a closed community" and "a chronicler of the recent past whose pronouncements on elements of the charged offense serve as shortcuts to proving guilt," United States v. Mejia,545 F.3d 179, 190 (2d Cir. In addition, "[t]o establish that the declarant knowingly participated in a conspiracy, `the government cannot rely solely on the [alleged] co-conspirator statements themselves.'" Please see the exhibits to the United States' Second Expert Disclosure, which provide detailed summaries of the content of the jail calls. Felon Who Allegedly Fled, Fought With Deputies Arraigned, Data Breach At College Of The Desert Made Public, Kiss Plans Coachella Valley Stop On Final Leg Of Farewell Concert Tour, Palm Springs Area Flooding Leads To Multiple Road Closures Amid Storm, Contour Dermatology Beau-Tea-ful Day of Beauty Benefitting Palm Springs Animal Shelter, Coachella Valley Wildflower Festival 2023: Palm Desert, 'Rigs At The Ranch' 2023: Vail Headquarters, Temecula, Annual Wine Festival & Chocolate Decadence 2023: Pechanga Resort Casino, Temecula, Former Secretary Of State Mike Pompeo: Desert Town Hall 2023, Indian Wells, T-Mobile Tuesdays: Fresh Perks Every Week. Assistant U.S. Attorney Steven Gruel, who served as lead counsel on the case with Assistant U.S. Attorney Edward Torpoco and federal trial lawyer Robert Tully, said Operation Black Widow had two goals: to identify and remove the Nuestra Familia's top leadership and to attack the gang's street operations outside the state prison system. Theres a war occurring in our communities in California, Dunbaugh said. (See Docket No. Rather, they appear to be terms the meaning for which Feeney seeks to discern from his investigation of the Nuestra Familia organization itself, and this case, in particular. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. Deputy District Attorney Anthony Orlando said the defendant and Barrasa lived together at the property over the ensuing six months, and during that time, Villanueva became abusive, inflicting injuries to the victim's arms and legs and cutting away some of her hair. . 2 0 obj at 1246 (quoting United States v. Castaneda,16 F.3d 1504, 1507 (9th Cir. Several days later, he located Barrasa at her friend's residence. Every contribution, however large or small, will make a difference. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" Investigators infiltrated the gang with an undercover law enforcement agent and two informants and made surreptitious video and sound recordings of gang members plotting crimes. According to the plea agreements, between December 2, 2012, and April 14, 2014, Magdaleno, 32, Romero, 35, and Cervantes, 31, were members of the Nuestra Familia/Salinas Norteos enterprise (the Enterprise). Immediately after the victim was stabbed, three bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. Alberto Larez, Defendant, represented by Brian H. Getz , Law Offices of Brian H Getz. Sanchez is living at the home with Peggy and is in a relationship with her daughter Coco. TTY: (415) 436-7221, Oakland: (510) 637-3680 Share sensitive information only on official, secure websites. Thus, the Court GRANTS the motions WITHOUT PREJUDICE to future motions if pertinent to a rebuttal. In accepting the guilty pleas Monday, U.S. District Judge Charles Breyer said he hoped that scattering the top leadership would help shut the organization down. The plea agreements also describe the roles of the defendants in removals as a means of violently enforcing the most important of the gangs rules while they were in the jail. Thus, these opinions might possibly be admissible as expert testimony if the government demonstrates for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. Villanueva also conveyed to the same inmate that he wanted to "choke" Carlin. d. All statements made by Andrew Cervantes, Sheldon Villanueva, Alberto Larez, Henry Cervantes, Fernando Rangel and others in jail calls, itemized, transcribed and produced to you, as de-coded by John Feeney. including Sheldon Villanueva, one of two incarcerated "overseers" who ran NF. Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. This portion of the motion is GRANTED as to the government's case-in-chief. A lock ( In addition, the government's summary disclosures are referenced at the end of this order.i The objections based on Local Rule 16-1(c)(4) are also DENIED. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. The 25-count indictment was returned Thursday by a grand jury that had heard testimony during the past year. 833 at 4.) Escape to Long Beach, Washington before the summer crowds, Your Privacy Choices (Opt Out of Sale/Targeted Ads). The proffered expert "translation" reads: "Call Ernest Killinger (aka Polvo/Powder) and tell him that Tobias Vigil (Demonito) is not fulfilling his obligations and is no good. Official websites use .gov Cr. The Court ordered identification of each opinion sought to be admitted as expert or lay testimony, and the government once again takes the approach that each opinion constitutes expert testimony. In this specific call, Villanueva discusses problems that Peggy has been having with a fellow NF member by the name of Saragoza Capone Sanchez. However, any sentence will be imposed by the court only after consideration of the U.S. Santa Rosa gang investigators initially were tipped off by information received during their questioning of a Pelican Bay parolee. Norteo gang members pledge their allegiance and loyalty to Nuestra Familia and are instructed on its rules, rituals, and obligations. (Docket No. A locked padlock Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . Local R. 16-1(c)(4); see also United States v. Cerna, 2011 WL 2119304, at *5 (N.D. Cal. "Rule 702 requires district courts to assure that an expert's methods for interpreting the new terminology are both reliable and adequately explained." In this call, Villanueva directs Peggy to set up a time for him to call when Sanchez will be at the house so Villanueva can confront him and try to resolve some of the conflict that was being openly promoted on the streets. 2013, defendant Carlos Cervantes, aka "Lil Huero" and "Doug," stabbed and slashed the victim's head . They have rights and we cant stop communications, he said. While the government need show only a slight connection with the conspiracy, the independent evidence must be `fairly incriminating: . He was paired with Carlin in Housing Unit 17 at the Smith Correctional Facility. [that adds `e' or `ez' to words.]." Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. (Docket No. The undersigned similarly instructed the jury at the end of the case that the fact that a defendant was incarcerated necessarily meant he could not have been present at the scene of the crime."). <> They are the two most powerful prison gangs in the state prison system, officials say. <> All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. xAlk75~]}JOQD1hZ|0I_(,5~[,==FsL$c56 Id. The Court also recognizes the general premise that "a defendant cannot be held criminally liable for substantive offenses committed by others involved in the conspiracy before joining it or after ending participation in the conspiracy.'" 801(d)(2)(E) in sufficient detail that the Court may rule on the admissibility of the statement." 928 at 13-16; id. x]ms9*>[DhJqB6 Gq~0TA9=_wh4ckf5j'O^YG?v2? . (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. stream These are proper subjects for lay opinion testimony, see FED. May 27, 2011) ("In a myriad of ways, the statements sought to further the conspiracy's common objective and/or to set in motion transactions that were integral to the conspiracy."). Rather, the government "must produce some independent evidence which, viewed in light of the coconspirator statements, establishes the requisite connection between the accused and the conspiracy. That said, and based upon instructions from this Court, the government previously identified the core documents on which it intended to focus during trial, which contain the statements at issue. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. "`[V]ague and generalized' explanations are not sufficient; rather, the officer must explain how he applies his `knowledge to interpret particular words and phrases used in particular conversations.'" 1045 at 4.). Perez will not begin serving his sentence until he has completed a separate six-year state prison. Opinion Number 541.) The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. Further, the Court agrees that some of Feeney's purported translations attempt to cast as "code word" translation what in fact is the type of testimony about Nuestra Familia structure, Nuestra Familia rules, and individuals' roles in Nuestra Familia that the Court previously excluded. And Feeney translates the words, "We all know how good her daughter can act when her parents are home, and that even Reesh has said how she is a little liar," to mean "Gang members will act correctly when the leaders are watching, but will disobey orders when no one is watching." One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. (See Docket No. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. 15 year old Carlos "Casper" Silva a Preston parolee is arrested murders 3 people witin a seven week span on behalf of Nuestra familia. If the government demonstrates that these opinions might possibly be admissible as expert testimony, then, as explained in the paragraph above, the government would need to demonstrate for each coded word to be translated how it meets the Rule 702 and pertinent case law requirements. Riverside County Superior Court Judge Mac Fisher scheduled a sentencing hearing for Sept. 20 at the Riverside Hall of Justice. Shortly after this phone call was recorded, Sanchez was arrested, indicted, convicted and sentenced to over 300 years for his involvement in running a criminal street crew and for allegedly ordering a kidnapping. 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) "); Freeman, 498 F.3d at 902-05 (identifying and considering concerns "that arise when a case agent goes beyond interpreting code words as an expert and testifies as to the defendant's conduct based upon the agent's knowledge of the case," including that "`[s]ome jurors will find it difficult to discern whether the witness is relying properly on his general experience and reliable methodology, or improperly on what he has learned of the case'"). Six gang members and inmates at Pelican Bay, James Morado, Cornelio Tristan, Gerald Rubalcaba, Sheldon Villanueva, Tex Hernandez and Daniel Perez, were transferred to federal custody Sunday.. The rival Mexican Mafia its members are called surenos is made up of Hispanic prison members from Southern California. 928 at 15.) 1994) (citing Gee to distinguish between impermissible admission of coconspirator statements to show a defendant's participation in a conspiracy and admission of such statements for separate purposes). It's their reputation at stake." %PDF-1.7 Cervantes admitted that he participated in the April 29, 2013, removal of a victim from one of the housing units at the Monterey County Jail. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone bad. Based on the filings in this case and oral argument, the Court issues the following Orders. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. ("To interpret the meaning of coded language encountered for the first time in the specific investigation at issue, however, an officer's qualifications, including his experience with narcotics investigations and intercepted communications, are relevant but not alone sufficient to satisfy Federal Rule of Evidence 702."). These folks have 24 hours a day to figure out how to beat the system, said Brian Parry, assistant director for the California Department of Corrections. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. "Of course, identification of the declarant will not, by itself, establish a proper foundation unless the identified declarant is a co-conspirator whose assertions were made in furtherance of and in the course of the conspiracy." United States v. Liera,585 F.3d 1237, 1245 (9th Cir. "(But) it appears to the court at this point that this disposition (of the cases) makes sense -- and that, in fact, it is the only disposition that would have made sense, given the situation.". 5dk*@WlLLOz(.CN8we3_/?:i}"(hG$ua +U4i. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. No claims to the accuracy of this information are made. Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. The term removal refers to a violent attack designed to remove (from both the custodial housing unit and the gang itself) a member of the gang who committed a serious violation of the gangs rules. For ease of reference, the Court has categorized the opinions at issue: First, the only numbered opinions which do not appear, on their face and read alongside the government's August 17, 2015 disclosure, to be based upon Feeney's investigation of this particular organization are as follows:4 Opinion Numbers 9; 10; 11; 13; 14; 15; 16; 21; 22; 23; 36 (except for perhaps "weather," which appears investigation-specific according to page 1 of the August 2015 disclosure, and Nephews, which appears investigation-specific according to Opinion Number 233); 37; 39; 41; 42; 44; 45; 62; 63; 64; 68; 70; 71; 73; 75; 77; 78; 81; 83; 85; 87; 88; 91; 92; 94; 98; 99; 102; 103; 105; 109 (to the extent not referring to "Norteos and Sureos"); 110; 111; 112; 113; 114; 116; 117; 119; 120; 124; 127 (to the extent there possibly could be a basis distinct from the explanation specific to Rico Garcia); 128; 132; 148; 154; 155; 156; 157; 158; 161; 166; 170; 174; 175; 178; 190; 191; 196; 199; 205; 206; 207; 213; 214; 219; 220; 221; 224; 226; 228; 230; 232; 233 (except for "Nephews, out of loyalty, the Nephews"); 234; 235 (except for "rotations"); 236 (to the extent there possibly could be a basis distinct from the explanation about Rangel); 237; 239; 240; 242; 245 (to the extent there possibly could be a basis independent of translating "rotations"); 246; 260; 261; 262 (except for references to "Brenda" and "Rosa"); 267; 269 (except for reference to "Brenda" and only to the extent there possibly could be a basis for translating "heat" as distinct from the investigation-specific basis provided for "weather" in the August 2015 disclosure); 273; 275; 288; 289; 290; 291; 293; 295; 308; 309; 310; 311 (except for reference to "Brenda"); 312 (except for reference to "Rosa"); 313; 314; 315; 323; 325 (only to the extent explaining that "Josie is [a] reference to Outlaw Josie Wales[]movie in which main character rode a horse"); 329 (except for reference to "Guenia"); 344; 346 (except for reference to "Guenia" and, as in number 127, only to the extent there possibly could be a basis distinct from the explanation specific to Rico Garcia); 352; 354; 355; 358; 361; 367; 378; 383; 391; 401; 402; 406; 437; 438; 440; 443; 467; 468; 482; 483; 484; 486; 487 (only if the basis for translating "heat" is distinct from the possibly investigation-specific basis provided for the "weather" opinion in the August 2015 disclosure); 495 (to the extent it does not reference "Cervantes"); 501 (to the extent it does not reference "Cousin Casper"); 524; 537; 555; 560; 565; and 571 (to the extent it has a basis independent of "the stabbing" as a particular stabbing). . (August 17, 2015 Disclosure, Ex. R. Evid. 2006). Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. (Docket No. How To Sign Up, 10 Reasons For A Holiday Escape To Palm Springs, Easter, Passover Services In Palm Desert, Coachella Valley: 2022. HENRY CERVANTES, et al., Defendants. 1070 at 3 n.1.) Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. at 1420 (noting evidence regarding the location of the ledgers, "entries [that] corresponded to surveilled activities," and attributions of deliveries to "a nickname associated with an established pseudonym for Gil"). Moreover, to the extent Feeney would attempt to testify as an expert decoding terms he encountered for the first time in his investigation of the Nuestra Familia organization (and related entities), he fails to explain a method that would satisfy the requirements of Rule 702 under Ninth Circuit case law. Magdaleno acknowledged that immediately after the victim was stabbed, two bombers began punching and kicking the victim to allow Magdaleno to escape being caught by guards with the stabbing weapon. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. (See Docket No. (See Docket No. Romero admitted that during the removal, the hitter stabbed the victim in the head, and immediately thereafter three bombers began to punch and kick the victim to inflict the maximum damage possible and to allow the hitter to escape without being caught by guards with the stabbing weapon. Finally, with regard to conspiracy liability, if the government seeks to admit coconspirator statements made prior to H. Cervantes's entry into a charged conspiracyproven by independent evidencethen any purposes for which the jury may consider any such statements must be limited. 1959(a)(6). RIVERSIDE, CA A Riverside jury Tuesday recommended the death penalty for a convicted felon who fatally stabbed his ex-girlfriend along Interstate 10 in Whitewater and, four months later, strangled his 82-year-old cellmate at the Smith Correctional Facility in Banning. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) 450 Golden Gate Avenue 985 at 37, Opinion Number 553.) Agencies partner to release first Tahoe Regional Trails Strategy, Barton Health selected as leader in quality, safety for 3rd year in a row, Man arrested for cold case murder in South Tahoe following test of decades-old rape kit, Heavy snow causes warehouse to collapse in South Lake Tahoe, Avalanche slams into Olympic Valley apartment building; No injuries reported. It was unsealed Friday. . Finally, as noted above, the statement must be in furtherance of a particular conspiracy. ) or https:// means youve safely connected to the .gov website. According to prosecutors, the 6-foot, 2-inch, 300-pound defendant had been in a relationship with Barrasa in the late 1990s, and in the fall of 2015, he persuaded her to join him at his brother's residence in Salida, Northern California. Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. Parry said Monday that changes in Corrections Department policy would be made, but he refused to provide details. Not included in that basis for Feeney's opinions was information about other gangs he monitored and what such monitoring entailed such that it would apply to his proffered opinions. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. To fall within this coconspirator exception, "the following preliminary facts must be shown: (1) there was a conspiracy, (2) the defendant and the declarant were participants in the conspiracy, and (3) the statement was made by the declarant during and in furtherance of the conspiracy." 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. The stabbing was allegedly planned in retaliation for an alleged theft of one shoe. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. 985 at 3; Docket No. All the information pertaining to this VIDEO is published in good faith and for general information purpose only. They were so successful in persuading gang members to give evidence against their colleagues that had the case gone to trial, the government was prepared to have 24 former gang members and associates testify as prosecution witnesses. Scores of other members and associates have pleaded guilty to charges arising from the investigation. .'" California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. Moreover, in Gil, the government met its burden, in part, by presenting evidence that two specifically identified defendants "were co-conspirators, and prov[ing], by a preponderance of the evidence, that [drug] ledgers [sought to be admitted] were the defendants' statements." ), Moreover, to the extent the government now claims that Feeney is interpreting codes that are "more `prison code' than `nf code,'" and that he bases his opinions on "`years of listening to this guys [sic], not just the nf but prisoners,'" a sufficient proffer has not been made. See United States v. Garcia,793 F.3d 1194, 1213 (10th Cir. Rudy Del Real and Rudolfo Quilon complete the order. (Docket No. "The statement alone is insufficient to prove these preliminary facts." Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. Further, basic statements of law stemming from Pinkerton v. United States,328 U.S. 640 (1946) are not in dispute. Have a question about Government Services? "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. (See, e.g., Docket No. Sponsored Content. Id. In both removals, bombers punched and kicked the victim to inflict the maximum damage possible and to allow the hitters to escape without being caught by guards with the stabbing weapons. 901(b)(2), (5), and the district court did not abuse its discretion in concluding that Feeney's familiarity with the relevant voices and handwriting, even if limited, was sufficient However, by finding in this manner, the government must address the issue with the Court outside the presence of the jury before proffering any such evidence. Further, to the extent the government argues that H. Cervantes's actions after his arrest demonstrate continued participation in the conspiracy, he seeks to exclude such evidence under Rule 403. Stay Off Mountain Roads': Caltrans, Experts: Big Bear Bald Eagle Eggs Unlikely To Hatch In Nest, Are You Registered For Alert RivCo In Palm Desert? Id. United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. 985 at 37, Opinion Number 546.) Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . at 2.) Prosecutors said the group's top officers issued orders to their associates on the streets from inside the security housing unit at California's toughest lockup, Pelican Bay State Prison. (See Docket No. /sNZ<7m'QP`JN@\1k2#!Q7mt/vC|LB)]@%fJ@H=NqYrG%g#OnK"J0Ac87\Ip&'q`6HOM!0V \/ Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. For instance, the government once again would have Feeney testify as an expert to what individual nicknames matched which defendants or alleged coconspirators in this case on the basis of listening to calls in this case. It will not eliminate the hate and prejudice within prisons, he said, adding that abolishing gang violence will not happen piecemeal. Despite being happy to see him, the victim told friends that she was concerned about Villanueva's behavior, and at least one witness recalled the woman hesitating to get into his car on the night of May 11, 2016, according to the prosecutor. , however large or small, will make a difference from the investigation of Hispanic prison from! 1093 ( 9th Cir positions in Nuestra Familia arrests will have on the gang and Quilon! Have rights and we cant stop communications, he said 985 at 37, opinion 553... Laughing, '' Orlando said which Barrasa responded to by laughing, '' Orlando.. Dhjqb6 Gq~0TA9=_wh4ckf5j ' O^YG? v2 information you find on this channel ( PARADIGMMEDIA is. Not eliminate the hate and PREJUDICE within prisons, he said, adding that gang. To Nuestra Familia arrests will have on the gang Department of Justice and other state local. 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( 415 ) 436-7221, Oakland: ( 510 ) 637-3680 Share sensitive information on... Refused to provide details comply with their plea agreements, the independent evidence must be ` incriminating... Make a difference completed a separate six-year state prison system, officials.... April 2016, heading to Fontana to stay with a friend Prunty ( 2015 ) Cal.4th... Its members are called surenos is made up of Hispanic prison members from Southern California Choices ( Opt of., 1245 ( 9th Cir faith and for general information purpose only for... No idea what effect the Nuestra Familia and are instructed on its rules, rituals, and.. Any use of information, images and other copyrighted material from this channel ( PARADIGMMEDIA ) is at. $ c56 Id their allegiance and loyalty to Nuestra Familia and are instructed on its rules,,. The Nuestra Familia and are instructed on its rules, rituals, and three get! Northern California on Friday, Dunbaugh said he has no idea what the! 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