When they attempted to question him, the defendant took off running and resisted officers when they caught up to him, prompting them to deploy a Taser to gain control and handcuff him. Completed Federal Capital Cases Involving an Inmate - 10/22/2015 Dublin, Keith E.D. Eventually, the FBI, U.S. Department of Justice and other state and local law enforcement agencies combined forces. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. 2007); United States v. Decoud,456 F.3d 996, 1014 (9th Cir. id. Theyre very creative.. . ), 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. Eventually the probe involved agents from the FBI, the state Department of Corrections and several local police agencies, working under the direction of the U.S. attorney's office in San Francisco. Your financial contribution supports our efforts to deliver quality, locally relevant journalism. 1022 at 1-2.) 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. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. 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. . 783, 831, 832, 833, 846), and motions in limine filed by Andrew Cervantes ("A. Cervantes") (Docket Nos. Other inmates described Villanueva as extremely moody and sometimes physically aggressive -- a deep contrast with Carlin, who was "happy-go- lucky" and generally liked by the men in his cell block, according to a trial brief prepared by the prosecution. with id. Dunbaugh said additional arrests were likely, but he refused to elaborate. Peggy attempts to instigate this conflict for her own personal reasons but Villanueva seems to recognize this. ; Docket No. (PARADIGMMEDIA) Unplugged, does not make any warranties about the completeness, reliability and accuracy of this information. (Docket No. 1995). 783,7 831, 832, 833, 846, 1021, 1022, 1023, and 1024. i (1) 2nd Expert Disclosure Letter of August 17, 2015 with attachments: (2) Discovery Letter of August 21, 2015, enclosing the follow relevant documents: (3) Jail Letter Index of August 21, 2015. Perez will not begin serving his sentence until he has completed a separate six-year state prison sentence, which he has yet to begin. ("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."). 2009) ("`Presenting a theory of the case that can be effectively rebutted by otherwise-inadmissible evidence,' we held, `does not by itself open the door to using such evidence; only partial, misleading use of the evidence can do so.'" 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. The purpose of the subsequent beating is to inflict upon the victim maximum damage while giving the hitters time to wash themselves and get rid of weapons. 1994)); see also id. 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."). Each admitted to having participated in at least two homicides as part of his guilty plea. Compare Vera, 770 F.3d at 1241 ("Officers may testify about their interpretations of `commonly used drug jargon' based solely on their training and experience.") It has to be done with law enforcement coming together throughout California.. It was unsealed Friday. Given the template the Court has outlined for resolving these matters, the Court does not believe that a separate hearing in advance of opening statements will be necessary and that these matters can be dealt with either before or after a trial day. 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). 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. 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. subject to the requirements of Federal Rule of Evidence 701," Vera, 770 F.3d at 1242; see also Gadson, 763 F.3d at 1210. Barrasa left the property at the end of April 2016, heading to Fontana to stay with a friend. One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. 2006). Its about drugs, crime and victimization.. (citations omitted)); United States v. Cerna, 2011 WL 2119304, at *3 (N.D. Cal. 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. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. at 8-12. Sheldon SKIP Villanueva NUESTRA FAMILIA wiretap - YouTube This is an exclusive phone call that was obtained by PARADIGM NEWS MEDIA of a recoded phone call in ADX Super Max by Sheldon Skip. Federal Courthouse ." 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. 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. a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" Finally, as noted above, the statement must be in furtherance of a particular conspiracy. 1 0 obj 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. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. He did, however, express concern the arrests may cause rival gang members to intensify their activities. United States v. Mouzin,785 F.2d 682, 692 (9th Cir. . Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. First, A. Cervantes seeks to preclude Anthony Garrow from opining on the stabbing of Tobias Vigil, separate from "translation" testimony regarding coded words in particular documents. Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. This war is about power, control and money. Second, the following opinions do not appear on their face to be based upon Feeney's investigation of this particular organization, but the government's August 2015 disclosure suggests that in fact they might be: Opinion Numbers 1; 2; 7; 8; 17; 18; 19; 32; 53; 58; 59; 72; 74; 76; 79; 82; 84; 86; 89; 92; 151; 184; 187; 188; 243; 259; 270; 278; 294; 438; 476; 485.5 Because of the information contained in the August 2015 disclosure, the Court also RESERVES ruling on these opinions. Andrew F. Cervantes, Defendant, represented by K. Alexandra McClure , Law Offices of Alexandra McClure. (Docket No. 2009). See Sheldon 's Criminal Record. knowingly participated in a conspiracy." All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. . Thus: "`due process constrains the application of Pinkerton where the relationship between the defendant and the substantive offense is slight,' and . This is just one investigation. However, `statements made to keep coconspirators abreast of an ongoing conspiracy's activities satisfy the `in furtherance' of requirement.'" 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? 2 0 obj Notwithstanding the foregoing, the Court ordered the government to file versions of documents with the specific statements the government intends to admit under the rule highlighted no later than April 15, 2016. Your donation will help us continue to cover COVID-19 and our other vital local news. They are the two most powerful prison gangs in the state prison system, officials say. endobj . California Highway Patrol officers encountered Villanueva a quarter- mile west of the scene, walking in the freeway center median. 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) . 9, 2016) ("That gang expert testimony on symbols, code words, and the like has generally been admitted in this district does not mean that it is admissible irrespective of its reliability or helpfulness to the jury."). Henry Cervantes, Vidal Fabela, David Rocha and Diana Vasquez were arrested at several locations across Northern California on Friday, Dunbaugh said. v. Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . Two of them, Rico Smiley Garcia, a gang member from Windsor and his alleged accomplice, Ceasar Lobo Ramirez, were charged with a 1998 assassination of gang leader Michael Mikeo Castillo. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. Last month, the same jury convicted Villanueva of two counts of first- degree murder and found true a special circumstance allegation of taking multiple lives, making the defendant eligible for a death sentence. Magdaleno also admitted that he orchestrated and participated as the hitter in the February 25, 2013, removal of a victim from the jail. (citations omitted). 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." For example,6 Opinion 517 reads: "Tell Polvo that Demonito is a waste of time and mom doesn't want her around the house, period." 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. (quoting Robert R. Arreola et al., Federal Criminal Conspiracy, 34 Am.Crim.L.Rev. (See Docket No. 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. Id. Listed below are those cases in which this Featured Case is cited. Interpreting the facts and opining as to why individuals sent letters to Bauer fit into the latter category and identify a specific individual with a specific role. 450 Golden Gate Avenue For example, a sworn affidavit drafted in connection with the case by FBI Special Agent McCarrell Crumrin said that one Nuestra Familia member who decided to turn state's witness against the gang ended up giving investigators evidence that was used to charge him separately with racketeering. 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