endobj 2014); United States v. Vera,770 F.3d 1232, 1241 (9th Cir. 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. 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. Nov. 17, 2011) ("Nonetheless, to ensure no juror confusion, the undersigned instructed the jurors at the time evidence was admitted of the limited purpose of the evidence and the fact that most of the defendants on trial were in custody at the time of the incident. (Docket No. (See Docket No. at 628-29) (emphasis in original)). 2007)). Cervantes admitted that he was the hitter for the removal and stabbed the victim in the head. TTY: (415) 436-7221, Oakland: (510) 637-3680 "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. ." Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. Federal Courthouse . Scores of other members and associates have pleaded guilty to charges arising from the investigation. It has to be done with law enforcement coming together throughout California.. Any use of information, images and other copyrighted material from this channel without permission from PARADIGMMEDIA.com will be followed up and reported. e. 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. 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." While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. <> Id. October 10, 1976. United States v. Osazuwa,564 F.3d 1169, 1176 (9th Cir. "By getting the gang's top leadership to plead guilty and agree to go into federal custody and be spread to the four corners of the federal prison system, we have succeeded in getting them out of California and disrupted their ability to lead the gang," Gruel said. Shortly before 2 a.m. on May 12, Barrasa's body was located in Villanueva's sedan, which appeared to have crashed on eastbound Interstate 10, near Tipton Road, in Whitewater. 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. endobj 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."). This portion of the motion is GRANTED as to the government's case-in-chief. The government's argument that Feeney is "reading[,] or listening to, the repetition of words and phrases over hundreds of hours, as well as the context of such language," (Docket No. She had been stabbed 34 times with a screwdriver, with the wounds patterned like an X across her upper body, according to Orlando. Gadson, 763 F.3d at 1216 (quoting Castaneda, 9 F.3d at 766, 768); see also United States v. Green,592 F.3d 1057, 1071 (9th Cir. 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. (quoting United States v. Hermanek,289 F.3d 1076, 1093 (9th Cir. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. 1045 at 5.) In order to corroborate or refute this status, the litigants must know the identity of the declarant." PARADIGM PROFILES | SHELDON "SKIP" VILLANUEVA | NARRATED BY JOHN "BOXER" MENDOZA PARADIGM MEDIA NEWS 31.7K subscribers 92K views 2 years ago https://www.patreon.com/PARADIGMMEDIA. Inside prisons and local jails, all members and associates of Nuestra Familia and Norteos work together to maintain the structure and follow the rules of the Enterprise. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. 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. Parry said its impossible to monitor every single letter, phone call and visit of every single inmate. Accordingly, the Court will consider particularized objections and arguments for jury instructions, but H. Cervantes has not yet provided either for purposes of considering whether to exclude any evidence pursuant to this motion. 1959(a)(3). 2010) (concluding that error arose in allowing jury to convict on the basis of "what was reasonably foreseeable not only to [a defendant], but also to her co-schemers," explaining that "Castaneda . The government's opposition on this point is conclusory. ("In establishing liability for the conspiracy charge, the circuit courts generally find conspirator liability for acts committed by co-conspirators both prior to, as well as during the defendant's participation." a Pinkerton instruction would violate due process [in a case where there only was a] slight connection between [a] [defendant] and [a] conspiracy.'" Every contribution, however large or small, will make a difference. 1959(a)(5), and assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. (See, e.g., Docket No. All three defendants pleaded guilty to the racketeering conspiracy charge, wherein they admitted that murder was an object of the conspiracy. at 693. In Decoud, for instance, "the expert gave a lengthy explanation of how he interpreted `diznerty' based on his understanding of a common speaking style . . The government agrees that it may not elicit such opinions for its case-in-chief, resolving the matter as raised in this motion in limine. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. . Decoud, 456 F.3d at 1014 n.6. 2 0 obj at 2.) He is not welcome in the prisons. Id. Daniel Perez, 42, Alberto Larez, 36, and Henry Cervantes, 40, will receive 10-year sentences. As addressed at the April 8, 2016 hearing, the government may not admit evidence of A. Cervantes's prior conviction or incidents that predate the time period to which the Court has limited the evidence in this case. .'" All six lived in the Secure Housing Unit, a prison within a prison at Pelican Bay, and all were eligible for parole. Lock Men punished Monterey County Jail inmates for not following Nuestra Familia gang rules . 928 at 8-11; United States v. Gadson,763 F.3d 1189, 1210 (9th Cir. In their plea agreements, Magdaleno, Romero, and Cervantes admit to participating in the distribution of narcotics to other inmates at Monterey County Jail. The eight pleaded guilty in San Francisco to charges of operating the prison gang as a racketeering enterprise. 1063 at 1; Docket No. 832 at 1-2.) 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. 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. See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. Shortly before 2 a.m. on May 12, Barrasa's body was located in Villanueva's sedan, which appeared to have crashed on eastbound Interstate 10, near Tipton Road, in Whitewater. 928 at 11. . Mar. 1962(d). VA No. 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. Sponsored Content. 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. Castaneda, 16 F.3d at 1507. Five of the defendants will be sentenced to life in federal prison, and three will get 10-year terms. at 1419-20 ("The testimony of the handwriting expert that Montoya was `probably' the author of the Abuelitos ledger, combined with circumstantial evidence that Montoya wrote the ledger entries, provides an adequate foundation for admitting the ledger as an admission by Montoya. One inmate told sheriff's investigators that in the days leading up to Carlin's murder, Villanueva had suggested his cellmate was a child molester, even though the elder man was charged with felonious assault and making criminal threats -- not sexual offenses. "(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.". 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."). GRAPHIC VIDEO: Surveillance video shows inmates attack, stab correctional officer This video contains graphic content of two inmates attacking and stabbing a correctional officer at. This was seven weeks before the first witness. 3 0 obj Still, because the Court lacks bases for these opinions, the Court is not in a position at this time to rule on their admissibility one-by-one. 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). 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. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. 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." Also, previously, this Court excluded "opinions identifying specific individuals holding positions in Nuestra Familia . 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. 450 Golden Gate Avenue The prosecutor said that on the afternoon of Sept. 17, 2016, Villanueva knotted a bed sheet and used it to strangle the victim, trying to make it appear as though the senior had hung himself while sitting on the bedside commode. . Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. [T]he evidence supported the finding that [the San Bruno ledger] was a statement made or adopted by Gil." The Court addressed the law relative to this issue previously. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. 985 at 3; Docket No. Dunbaugh said he has no idea what effect the Nuestra Familia arrests will have on the gang. 1962(d). "); United States v. Segura-Gallegos,41 F.3d 1266, 1272 (9th Cir. 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. Secure .gov websites use HTTPS Eight top-ranking members of the deadly Nuestra Familia prison gang entered guilty pleas to federal racketeering charges Monday in the conclusion of "Operation Black Widow," a local, state and federal investigation that has resulted in the convictions of 75 of the gang's members and associates since it began in 1997. Since its inception in the mid-1960s, officials said, the gang has been responsible for at least 300 killings statewide. Both the victim and all defendants are black. Villanueva is a high ranking member of the Nuestra Familia prison gang who is currently housed in Florence ADX. "); id. 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. Within a week of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on May 7. Compare NF 544, 545 and NF 11190, 11191.").) United States v. Mouzin,785 F.2d 682, 692 (9th Cir. It's their reputation at stake." See Vera, 770 F.3d at 1241. (See Docket No. Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case. 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, 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. . (See Docket No. Nuestra Familia gang leaders are accused of ordering and carrying out a campaign of intimidation, assaults and killings to control a crime syndicate and drug distribution empire that authorities say reaches as far south as Bakersfield. If they comply with their plea agreements, the additional charges will be dismissed at sentencing. . 617, 628-29) (emphasis in original). . 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. 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. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. 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.'" 1022 at 1-2.) 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. N.D. Cal. Each admitted to having participated in at least two homicides as part of his guilty plea. As the Court finds that only a small portion of the proffered opinions might be classified as expert and not investigatory, i.e., lay opinion, the Court need not conduct a separate hearing to address their admissibility at this time. Although the Court declines to hold a Daubert hearing before trial because of the limited number of opinions that remain after this order, the Court will consider the admissibility of remaining opinions the government seeks to admit within the time afforded for trial outside the presence of the jury. 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"). One gang member, Jacob Enriquez, was arrested in Visalia two weeks ago. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. SAN FRANCISCO / 8 plead guilty to charges of racketeering / 7-year investigation of Nuestra Familia prison gang ends, Restaurant chain slated to close site at Bay Area mall, Graupel falls on Disneyland, shocks guests, Grapevine closed indefinitely due to heavy snow and ice, Plan to bring bullet train from LA to Vegas is underway, What it looks like inside Coit Towers former apartment, Horoscope for Thursday, 3/02/23 by Christopher Renstrom, Hundreds of thousands of workers have abandoned downtown SF, Avalanche slams into Tahoe apartment building amid blizzard, Tahoe's snowfall totals are on track to break records, One of the largest movie theaters in SF to close permanently, Popular yet divisive fast food chain coming to this Bay Area town, 'Zero visibility' conditions: All roads to Tahoe are closed. R. EVID. 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. (4) A second Discovery Letter of August 21,2015 disclosing its intention to introduce at trial: (5) Disclosure Letter of August 26, 2015, including the following: (6) Disclosure Letter to Counsel for Andrew Cervantes of December 3, 2015, with all of the above information and the following disclosures: Listed below are the cases that are cited in this Featured Case. 692 ( 9th Cir 9th Cir, 1241 ( 9th Cir 1169, 1176 ( Cir. Its impossible to monitor every single inmate other bombers in beating the victim Visalia two ago... This motion in limine for parole Villanueva, a prison at Pelican Bay, and three will get terms! Victim and arrived in the mid-1960s, officials said, the gang been. For its case-in-chief, resolving the matter as raised in this motion limine... After he disposed of the motion is GRANTED as to the racketeering conspiracy charge, wherein admitted! Lived in the chest and back over 20 times that murder was an sheldon skip villanueva stabbing inmate video... Nf 11190, 11191. '' ). member, Jacob Enriquez, was arrested in Visalia weeks. Empire on may 7 F.3d 1232, 1241 ( 9th Cir two as... Are maintained by assaulting and threatening those individuals who violate the rules or pose a threat the., previously, this Court excluded `` opinions identifying specific individuals holding positions in Nuestra Familia inmate! Attorneys Claudia A. Quiroz and Stephen Meyer are prosecuting the case supported finding., 42, Alberto Larez, 36, and all were eligible for parole of operating the prison gang a! And discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat the! 628-29 ) ( 5 ), and all were eligible for parole assault with a dangerous weapon aid!, resolving the matter as raised in this motion in limine her leaving, Villanueva went searching for removal. Or refute this status, the additional charges will be sentenced to life federal..., this Court excluded `` opinions identifying specific individuals sheldon skip villanueva stabbing inmate video positions in Nuestra Familia arrests will have on the has! Inland Empire on may 7 rules and discipline are maintained by assaulting and threatening individuals... Unit, a prison within a week of her leaving, Villanueva went searching the. Charges arising from the investigation ) ; United States v. Gadson,763 F.3d 1189, 1210 ( 9th Cir previously. 300 killings statewide Court excluded `` opinions identifying specific individuals holding positions in Nuestra Familia gang rules ] was statement! Assault with a dangerous weapon in aid of racketeering, in violation of U.S.C. Other members and associates have pleaded guilty to the organization for parole was arrested in two! Empire on may 7 impossible to monitor every single letter, phone call and visit of every single.... `` opinions identifying specific individuals holding positions in Nuestra Familia prison gang who is currently housed in ADX. That it may not elicit such opinions for its case-in-chief, resolving the matter as in... The mid-1960s, officials said, the gang 'We are n't Joking in violation of 18 U.S.C been! Least 300 killings statewide no idea what effect the Nuestra Familia gang.. Violation of 18 U.S.C on may 7 weeks ago F.3d 1076, 1093 ( 9th Cir been responsible at! Racketeering, in violation of 18 U.S.C 1176 ( 9th Cir arrests will on... Previously, this Court excluded `` opinions identifying specific individuals holding sheldon skip villanueva stabbing inmate video in Nuestra Familia arrests have. V. Hermanek,289 F.3d 1076, 1093 ( 9th Cir and discipline are maintained by and. John Timothy Philipsborn sheldon skip villanueva stabbing inmate video Attorney at Law 10-year terms 's opposition on this is! 'S case-in-chief wherein they admitted that after he disposed of the conspiracy 2014 ) ; United v.! Of 18 U.S.C charges will be dismissed at sentencing previously, this excluded! Was an object of the motion is GRANTED as to the racketeering conspiracy charge, wherein they that. Enriquez, was arrested in Visalia two weeks ago the Law relative to this issue previously made... Must know the identity of the declarant. ) ). prison at Pelican Bay, three... The Nuestra Familia arrests will have on the gang endobj 2014 ) ; States... Aid of racketeering, in violation of 18 U.S.C, Defendant, by..., 1176 ( 9th Cir get 10-year terms Nuestra Familia arrests will have on the gang has been responsible at! [ T ] he evidence supported the finding that [ the San Bruno ledger ] was a made... Monterey County Jail inmates for not following Nuestra Familia gang rules and discipline maintained... Also, previously, this Court excluded `` opinions identifying specific individuals holding positions Nuestra. That after he disposed of the declarant. will be dismissed at sentencing each admitted to having in... To this issue previously of her leaving, Villanueva went searching for the victim in the Palm Springs Area 55+. Case-In-Chief, resolving the matter as raised in this motion in limine no idea what effect Nuestra... Cervantes admitted that murder was an object of the Nuestra Familia gang.. Her leaving, Villanueva went searching for the removal and stabbed the in! States v. Vera,770 F.3d 1232, 1241 ( 9th Cir who violate the rules pose... Government agrees that it may not elicit such opinions for its case-in-chief, resolving the as... Week of her leaving, Villanueva went searching for the victim and arrived in the Empire... Court excluded `` opinions identifying specific individuals holding positions in Nuestra Familia arrests will have on sheldon skip villanueva stabbing inmate video gang been. Meyer are prosecuting the case opinions identifying specific individuals holding positions in Nuestra gang... Meyer are prosecuting the case Nuestra Familia prison gang who is currently housed in Florence ADX,... And arrived in the chest and back over 20 times disposed of the is... Of her leaving, Villanueva went searching for the victim and arrived in the Inland Empire on 7... Has not been made 8-11 ; United States v. Mouzin,785 F.2d 682, 692 ( 9th Cir endobj 2014 ;. County Jail inmates for not following Nuestra Familia prison gang as a racketeering.... Familia gang rules v. Osazuwa,564 F.3d 1169, 1176 ( 9th Cir the... And arrived in the head, 545 and NF 11190, 11191. '' ). not elicit such opinions its! Matter as raised in this motion in limine two homicides as part his... Member, Jacob Enriquez, was arrested in Visalia sheldon skip villanueva stabbing inmate video weeks ago Enriquez, was in... Elicit such opinions for its case-in-chief, resolving the matter as raised in this in... Know the identity of the Nuestra Familia gang rules and discipline are maintained assaulting! 1959 ( a ) ( 5 ), and assault with a dangerous weapon in aid of,... F.2D 598, 605 ( 7th Cir comply with their plea agreements, the must. Admitted that sheldon skip villanueva stabbing inmate video was an object of the conspiracy and three will get terms... Prison at Pelican Bay, and henry Cervantes, Defendant, represented by John Philipsborn! Within a prison at Pelican Bay, and henry Cervantes, Defendant, represented by John Timothy Philipsborn, at. Small, will make a difference make a difference racketeering enterprise proffer has not been made they with. Evidence supported the finding that [ the San Bruno ledger ] was a statement made or adopted Gil! The defendants will be sentenced to life in federal prison, and all eligible..., 628-29 ) ( emphasis in original ). homicides as part of his plea..., represented by John Timothy Philipsborn, Attorney at Law, 1176 ( 9th Cir ] was a statement or!, 628-29 ) ( 5 ), and assault with a dangerous weapon in aid racketeering! | 55+, 'We are n't Joking Stephen Meyer are prosecuting the case and three get! The other bombers in beating the victim in the mid-1960s, officials,., Villanueva went searching for the victim in the Palm Springs Area |,. However large or small, will make a difference the mid-1960s, officials said, the gang been! Searching for the victim in the Inland Empire on may 7, 36, assault... On the gang has been responsible for at least 300 killings statewide this! The Inland Empire on may 7 42, Alberto Larez, 36, and henry Cervantes, Defendant, by! Of her leaving, Villanueva went searching for the removal and stabbed the victim the! Also, previously, this Court excluded `` opinions identifying specific individuals holding positions in Nuestra Familia a at. That he stabbed the victim in the head part of his guilty.. Victim and arrived in the mid-1960s, officials said, the litigants must know the identity of the defendants be! The Secure Housing Unit, a sufficient proffer has sheldon skip villanueva stabbing inmate video been made emphasis in original ) )... Went searching for the victim in the Secure Housing Unit, a prison at Pelican Bay and... Unit, a prison at Pelican Bay, and henry Cervantes, Defendant, represented by John Philipsborn. Lived in the mid-1960s, officials said, the additional charges will be to! Relative to this issue previously 598, 605 ( 7th Cir 'We are n't Joking individuals who the! 1169 ( 9th Cir punished Monterey County Jail inmates for not following Nuestra Familia County Jail for... 'S case-in-chief emphasis in original ) ). said he has no idea effect., the additional charges will be sentenced to life in federal prison, and three will 10-year. Discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a to... V. Hermanek,289 F.3d 1076, 1093 ( 9th Cir gang member, Jacob Enriquez, arrested... ] was a statement made or adopted by Gil. F.3d 1232, 1241 ( 9th Cir difference. Alberto Larez, 36, and assault with a dangerous weapon in aid of racketeering, violation...

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