0
0
In March 1992, Olguin lived on West Elder in Santa Ana, two houses away from the intersection of Elder and Shelley. He spray-painted the phrase “BSSR FTR El Cisco” on the street curb in the intersection, staking territorial claim to the area. The graffiti referred to the Southside F Troop street gang (Southside) and his nickname, El Cisco.
Later, Olguin noticed someone had crossed out his graffiti by spray-painting a line through it and writing the Shelley Street gang’s logo nearby.
Although he knew Shelley Street was a defunct gang, Olguin assumed one of its former members had defaced his graffiti. He interpreted it as a sign of disrespect and a challenge to his territorial claim.
In the late afternoon of March 27, Olguin, along with Mora and Jesse Hilario, two other Southside members, looked at the crossed-out graffiti. Mora and Hilario agreed to go with Olguin to discover who did it. Olguin had a loaded handgun tucked in his waistband covered by his coat and shirt. He later claimed the weapon was solely for protection and that he did not tell Mora and Hilario he was armed.
The three encountered Eugene Hernandez and Robert Ulloa near the corner of Elder and Shelley Streets. Mora asked Hernandez if he belonged to the Shelley Street gang. Hernandez said no. Mora then asked Hernandez who crossed out Southside’s graffiti. Hernandez said a relative of his did it. Mora, Olguin and Hilario began walking away.
Unfortunately, Hernandez’s cousins, April Martinez and John Ramirez, came by at this moment. Hernandez told them what had transpired, and Ramirez, who had been drinking, walked past Hernandez, following the three F Troopers and yelling “Shelley Street.” They turned and walked back toward Ramirez, yelling “Southside.” Ramirez confronted them at arm’s length, and they continued yelling at each other for several seconds. Olguin later claimed he asked Ramirez if he had crossed out the graffiti, but Ramirez kept saying, “Shelley,” and insisting it was his street. Olguin responded by saying the street belonged to him, and both men clenched their fists. Mora then punched Ramirez in the face, knocking him down.
As Hernandez and others began moving toward Ramirez to give him aid, he stood up and began walking toward Mora’s group. Olguin pulled the gun from his waist and fired, killing Ramirez with a single shot to the chest. Then he ran away with Mora and Hilario. Olguin testfied he only took the gun out because he thought the people moving toward him were armed and claimed the gun discharged accidentally when Ramirez grabbed it, but that version was contradicted by another witness.
Terry Zlateff, the lead investigator on the case and an expert on street gangs described Southside F Troop as an Hispanic gang of approximately 100 members that claims territory in southwest Santa Ana.
Zlateff discussed the importance of territoriality to Hispanic gangs, explaining that graffiti is used to mark the gang’s territory and that crossing out a gang’s graffiti is a form of disrespect. Respect, usually in the form of fear, is of paramount importance to Hispanic gangs, so crossing out graffiti or calling out a gang’s name to members of a rival gang-another demonstration of disrespect-often results in a violent confrontation. Mutual challenges of this sort have become the expected prelude for violent confrontations between gang members, especially where groups have gathered or weapons are available.
Zlateff’s opinion that gangs generally react violently to the crossing out of their graffiti was based on his investigation of cases over several years, his interviews with gang members and others, and his review of police reports. He knew of at least one other killing resulting from the crossing out of graffiti and numerous shootings caused by it, including at least six cases he personally investigated.
They do reflect gang morals and values …
The shooting was, after all, precipitated by crossing out gang graffiti, replacing it with the name of another gang, and then shouting that gang’s name to rival gang members. The record reflects no prior relationship between the killers and their victim, and no reason for animosity other than gang-related insults. While Olguin attempts to attach significance to the fact the Shelley Street gang so briefly and tragically claimed by Ramirez was long defunct, we see none. Regardless of the viability of the victim’s allegiance, any rational trier of fact would have concluded he died not because he insulted Olguin, but because he disrespected Southside F Troop.
The People, Plaintiff and Respondent, v. Cesar Javier Olguin et al., Defendants and Appellants. Nos. G014071, G014235. Fourth District, Division Three. Dec 30, 1994. Superior Court of Orange County, No. C-94232, Jean M. Rheinheimer, Judge. Opinion by Bedsworth, J., fn. with Wallin, Acting P. J., and Crosby, J., concurring.
Average Rating