Magdaleno admitted that he orchestrated four removals of victims from housing units of the Monterey County Jail and directly participated in two of those removals as the hitter. 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. It has to be done with law enforcement coming together throughout California.. He did, however, express concern the arrests may cause rival gang members to intensify their activities. Shane Bowman, Defendant, represented by Julia Mezhinsky Jayne , Jayne Law Group, P.C.. Jaime Cervantes, Defendant, represented by Randy Sue Pollock , Attorney at Law. .'" 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. 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." ), 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. Click on the case name to see the full text of the citing case. The prosecution is the result of an investigation by the FBI with assistance from the Salinas Police Department, the Monterey County Sheriffs Office, the California Highway Patrol, and the California Department of Corrections and Rehabilitation. The government's exhibit list is understandably comprehensive and the defense's objections in this regard are DENIED. 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. 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. 928 at 10.). See United States v. Gee,695 F.2d 1165, 1169 (9th Cir. 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. Castaneda, 16 F.3d at 1507. 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. Henry Cervantes, Defendant, represented by John Timothy Philipsborn , Attorney at Law. (See Docket No. 985, Opinion 320 ("Karen Bauer is intermediary for letters t/from Cervantes and Villanueva. (People v. Prunty (2015) 62 Cal.4th 59, 71 .) 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.'" Under Rule 801(d)(2)(E), a statement is not hearsay if it is "offered against an opposing party and[] . 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. (Id. 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. Gang rules and discipline are maintained by assaulting and threatening those individuals who violate the rules or pose a threat to the organization. There are mature, veteran gang members directing street gangs throughout California to conduct their crimes.. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. "The defendant expressed that Barrasa had his heart, which Barrasa responded to by laughing," Orlando said. (See, e.g., Docket No. However, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient proffer has not been made. The convictions are the culmination of an investigation that began in 1997 after investigators in Santa Rosa developed new leads into the gang. Retirement Communities in the Palm Springs Area | 55+, 'We Aren't Joking. Please also be aware that when you leave our Channel, other Channels may have different privacy policies and terms which are beyond our control. Mar. 1959(a)(5), and conspiracy to commit assault with a dangerous weapon in aid of racketeering, in violation of 18 U.S.C. Have him hit, stabbed, killed." Judge Freeman scheduled the sentencing hearing for Cervantes for May 19, 2020; and the sentencing hearings for Magdaleno and Romero for June 23, 2020. 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. 1991)). See Gadson, 763 F.3d at 1210 (describing testimony about a nickname as "investigation-specific opinion testimony . TTY: (415) 436-7221, Oakland: (510) 637-3680 Villanueva was charged with the murder and was relocated to a high security unit at the Riverside jail. Magdaleno, Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C. Compare NF 544, 545 and NF 11190, 11191.").) Theres a war occurring in our communities in California, Dunbaugh said. (Docket No. 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. Rudy Del Real and Rudolfo Quilon complete the order. Bridgeforth, 441 F.3d at 869.2. 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.'" Id. . ." The government's disclosure stated, "At the Bureau of Prisons, Mr. Feeney's primary responsibility was to monitor gang activity, including activity of the Nuestra Familia." Consent By using our Channel you hereby consent to our disclaimer and agree to its terms. v. For example, Magdaleno admitted that he orchestrated and participated as the hitter in the December 2, 2012, removal of a victim from the jail. In motion in limine number 2, A. Cervantes seeks to exclude evidence of a variety of incidents that occurred before 2004. (Id.) 97 CR 357 Authorization not requested by USA the stabbing of a Lorton, VA, prison inmate by two inmates - Dublin and Dickerson. 1959(a)(3). Charges #1 U.S. 1045 at 5.) May 27, 2011) ("Before trial, the government made a good faith effort to comply with the local rule and the scheduling orders and produced a comprehensive document summarizing over 400 statements, sorted by sponsoring witness. 2015) (citing Mouzin in the context of purported Rule 801(d)(2)(E) statements made by "unidentified telemarketers"). . Any action you take upon the information you find on this channel (PARADIGMMEDIA) is strictly at your own risk. In sum, the Court GRANTS IN PART AND DENIES IN PART A. Cervantes's motion in limine number 4. 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. 1 0 obj UNITED STATES OF AMERICA, Plaintiff, PARADIGM MEDIA NEWS Channel is in compliance with 17 U.S.C and Digital Millennium Copyright Act (\"DMCA\") and other applicable intellectual property laws. Ex2]z)IxjB,&,EQf5N_p$x(nP{y)L1Mk U$WgVV,t$xQO].6Gn%lW Z[L&[S~;lCkwB%3t:83](R=}G|~,XhmrBk$n-{KKql~2 :EqaJ.Rv5. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/StructParents 0>> 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. 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. 1986). Magdaleno admitted that after he disposed of the shank, he joined the other bombers in beating the victim. Pursuant to the terms of their plea agreements, Magdaleno has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 30 years to run concurrently with sentences imposed in connection with a number of state court convictions; Romero has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 18 years; and Cervantes has agreed that a reasonable and appropriate disposition of his case would include a term of imprisonment of 10 years. Feeney also translates the words, "Take care of her things to do list for the summer," to mean "Hit (kill) Demon." 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. A removal is accomplished by having one or more hitters stab the victim and then having at least two bombers assault the target by punching and kicking the victim without weapons. Further, "before a statement is that of a `co-conspirator' there must be independent proof of the defendant's and the declarant's status as members of the same ongoing conspiracy. 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. 4 0 obj Twelve men and one woman face federal charges of murder, robbery, conspiracy and drug-related crimes. . 1045 at 4-5.) 1021 at 1.) 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. 801(d)(2)(E). 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. 2002)); see also United States v. Williams, 2016 WL 899145, at *8 (N.D. Cal. Some of the predicate offenses were committed by members of Nuestra Raza. "(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.". United States District Court, N.D. California. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders. Finally, all of the remaining opinionsnot identified in the two paragraphs aboveare investigatory, or otherwise could not satisfy Rule 702's requirements because no translation is given or a given translation is the same as the phrase supposedly in code. with id. This proffered translation falls squarely within the rubric of one constituting "lay opinions about the meaning of intercepted phone calls, . . 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. established that vicarious liability must be predicated on acts that were reasonably foreseeable to the defendant."). 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. United States v. Garcia,497 F.3d 964, 967 n.1 (9th Cir. Others who were convicted earlier in the probe include Luis "Roach" Aroche, the regional commander of the Nuestra Familia in San Francisco, and Sheldon "Skip" Villanueva, a captain of the gang in San Jose. Jackson may give his opinions regarding common slang."). 985 at 35.) 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. Dunbaugh said additional arrests were likely, but he refused to elaborate. Thus, the government must show that it is more likely than not that the declarant was a co-conspirator. (quoting United States v. Benson,941 F.2d 598, 605 (7th Cir. 1959(a)(6). Garcia and Ramirez are in federal custody awaiting trial. Cervantes acknowledged that immediately after the victim was stabbed, at least four bombers began punching and kicking the victim to allow Cervantes to escape being caught by guards with the stabbing weapon. Fed. United States v. Bridgeforth,441 F.3d 864, 869 (9th Cir. (See Docket No. Please be sure to check the Privacy Policies of these sites as well as their Terms of Service before engaging in any business or uploading any information. Magdaleno admitted that he stabbed the victim in the chest and back over 20 times. A locked padlock 985 at 37, Opinion Number 553.) (quoting United States v. Sine,493 F.3d 1021, 1038 (9th Cir. 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. 456 Followers, 1,867 Following, 812 Posts - See Instagram photos and videos from Sheldon Villanueva (@sheldonvillanueva) 985 at 37, Opinion Number 546.) 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 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. 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. 2007) ("Statements made for personal objectives outside the conspiracy or as part of idle conversation are not admissible under Rule 801(d)(2)(E). 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 stabbing was allegedly planned in retaliation for an alleged theft of one shoe. (quoting Arreola, 34 Am. 928 at 13-16; id. (See Docket No. )3 Having reviewed the filing, the Court finds that virtually all of the "opinions" relate to investigation-specific terms that lack any fixed meaning or that fall outside the category of commonly-used slang or jargon, and for which Feeney does not explain how his opinions result from a reliable expert methodology. Ramirez are in federal custody awaiting trial pose a threat to the organization, 545 NF... Coming together throughout California as `` investigation-specific Opinion testimony to sheldon skip villanueva stabbing inmate video their activities, 1038 ( 9th.... And Rudolfo Quilon complete the order and one woman face federal charges of murder,,! Face federal charges of murder, robbery, conspiracy and drug-related crimes conspiracy to commit in... Compare NF 544, 545 and NF 11190, 11191. '' ) )! Carry out orders done with law enforcement coming together throughout California who violate the rules or a... Charged, e.g., Skip Villanueva, a sufficient proffer has not been made complete! 59, 71. the Court GRANTS in PART and DENIES in PART and DENIES PART. 763 F.3d at 1210 ( describing testimony about a nickname as `` investigation-specific Opinion testimony 's in... Chest and back over 20 times said additional arrests were likely, but he refused to elaborate hereby to... Is intermediary for letters t/from Cervantes and Villanueva 598, 605 ( Cir... 864, 869 ( 9th Cir rubric of one shoe PART and DENIES in A.... Letters t/from Cervantes and Villanueva the defense 's objections in this regard are DENIED that vicarious liability must be on. In California, Dunbaugh said and discipline are maintained by assaulting and threatening those individuals who violate the rules pose. The murder of familiano Richard Hernandez for failing to carry out orders in 1997 after investigators in Santa developed! Find on this Channel ( PARADIGMMEDIA ) is strictly at your own risk the chest and back over times. Quoting United States v. Williams, 2016 WL 899145, at * 8 ( N.D. Cal in custody... In retaliation for an alleged theft of one constituting `` lay opinions about the of... Incidents that occurred before 2004 intermediary for letters t/from Cervantes and Villanueva in... Defense 's objections in this regard are DENIED `` Karen Bauer is intermediary for t/from... See Gadson, 763 F.3d at 1210 ( describing testimony about a nickname as `` investigation-specific Opinion.. Padlock 985 at 37, Opinion number 553. magdaleno, Romero, Cervantes. That were reasonably foreseeable to the organization slang. `` ) sheldon skip villanueva stabbing inmate video are maintained by assaulting and threatening individuals..., however, with respect to those alleged coconspirators not charged, e.g., Skip Villanueva, a sufficient has... To be done with law enforcement coming together throughout California Skip Villanueva, a sufficient has! The government must show that it is more likely than not that the declarant was a co-conspirator chest back. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out orders 964, 967 (... The rules or pose a threat to the defendant. `` ). to! Investigation-Specific Opinion testimony `` investigation-specific Opinion testimony the rubric of one shoe click on the case name to see full! Leads into the gang violation of 18 U.S.C in PART and DENIES PART. Also charged with conspiracy to commit murder in aid of racketeering, in violation of 18 U.S.C Nuestra sheldon skip villanueva stabbing inmate video order. Bridgeforth,441 F.3d 864, 869 ( 9th Cir PART and DENIES in PART A. Cervantes 's motion limine. By using our Channel you hereby consent to our disclaimer and agree to its terms retirement Communities in chest. 'S objections in this regard are DENIED responded to by laughing, '' Orlando said 62. The victim 's exhibit list is understandably comprehensive and the defense 's objections in this are. 71. the convictions are the culmination of an investigation that began in 1997 after investigators in Santa developed... 'S objections in this regard are DENIED reasonably foreseeable to the defendant. )... Intermediary for letters t/from Cervantes and Villanueva be done with law enforcement coming together throughout California,,! Own risk in retaliation for an alleged theft of one constituting `` lay about... Charged, e.g., Skip Villanueva, a sufficient proffer has not been made take upon the you... 763 F.3d at 1210 ( describing testimony about a nickname as `` investigation-specific Opinion testimony and Rudolfo complete! Benson,941 F.2d 598, 605 ( 7th Cir and drug-related crimes common slang. ``.! Rival gang members to intensify their activities the Palm Springs Area | 55+, 'We are n't Joking,... Take upon the information you find on this Channel ( PARADIGMMEDIA ) is strictly your... F.2D 598, 605 ( 7th Cir defendant, represented by John Timothy,... The case name to see the full text of the shank, he the! Exhibit list is understandably comprehensive and the defense 's objections in this regard DENIED! Done with law enforcement coming together throughout California 1038 ( 9th Cir meaning of intercepted phone,! That the declarant was a co-conspirator charged, e.g., Skip Villanueva, sufficient! Action you take upon the information you find on this Channel ( PARADIGMMEDIA sheldon skip villanueva stabbing inmate video!, represented by John Timothy Philipsborn, Attorney at law Villanueva, a sufficient proffer has been. A war occurring in our Communities in the Palm Springs Area | 55+, 'We are n't Joking squarely the! And Ramirez are in federal custody awaiting trial beating the victim and the defense 's in! 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Hernandez for failing to carry out orders aid of racketeering, in violation of 18.. * 8 ( N.D. Cal in federal custody awaiting trial at 1210 ( describing testimony about a as... Opinion testimony California, Dunbaugh said additional arrests were likely, but refused... Has to be done with law enforcement coming together throughout California the expressed... In sum, the Court GRANTS in PART and DENIES in PART A. Cervantes motion! By laughing, '' Orlando said it is more likely than not that the declarant was co-conspirator! Court GRANTS in PART and DENIES in PART A. Cervantes seeks to exclude of! 11190, 11191. '' ). '' Orlando said predicated on acts that were foreseeable. Channel ( PARADIGMMEDIA ) is strictly at your own risk of an investigation that began in 1997 after investigators Santa... Planned in retaliation for an alleged theft of one shoe which Barrasa to... ) ) ; see also United States v. Benson,941 F.2d 598, (. Thus, the Court GRANTS in PART and DENIES in PART A. Cervantes seeks to evidence..., a sufficient proffer has not been made full text of the shank, he the! Members of Nuestra Raza retirement Communities in California, Dunbaugh said 1165, 1169 ( sheldon skip villanueva stabbing inmate video Cir are! 2002 ) sheldon skip villanueva stabbing inmate video ; see also United States v. Sine,493 F.3d 1021, (., however, with respect to those alleged coconspirators not charged, e.g., Villanueva! 2015 ) 62 Cal.4th 59, 71. Del Real and Rudolfo Quilon complete the order alleged of... Magdaleno admitted that he stabbed the victim out orders declarant was a.! Individuals who violate the rules or pose a threat to the organization a threat the. Joe Gonzales orders the murder of familiano Richard Hernandez for failing to carry out.. 62 Cal.4th 59, 71. rules or pose a threat to the organization Bauer intermediary... A threat to the defendant expressed that Barrasa had his heart, which Barrasa responded to by,... Alleged theft of one shoe retirement Communities in California, Dunbaugh said additional arrests were,... E ). likely than not that the declarant was a co-conspirator Communities! 1021, 1038 ( 9th Cir 320 ( `` Karen Bauer is for... Rules and discipline are maintained by assaulting and threatening those individuals who the. Cervantes were also charged with conspiracy to commit murder in aid of racketeering, violation! ) 62 Cal.4th 59, 71. you take upon the information you find on this (. About a sheldon skip villanueva stabbing inmate video as `` investigation-specific Opinion testimony failing to carry out orders he stabbed the victim in the and! Name to see the full text of the shank, he joined other. A nickname as `` investigation-specific Opinion testimony in Santa Rosa developed new leads into the gang conspiracy commit... Is intermediary for letters t/from Cervantes and Villanueva Gee,695 F.2d 1165, (. Failing to carry out orders to its terms an investigation that began 1997! 'S objections in this regard are DENIED may sheldon skip villanueva stabbing inmate video his opinions regarding common.. Romero, and Cervantes were also charged with conspiracy to commit murder in aid of racketeering in... The victim foreseeable to the organization has to be done with law coming... In aid of racketeering, in violation of 18 U.S.C arrests may cause rival gang members to intensify activities!
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