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In 2012, defendant admitted to a detective from the San Bernardino County Sheriff’s Department that he was a member of the 12th Street Sharky Pomona gang (12th Street). His tattoos were documented.
La Eme and 12th Street were both criminal street gangs.
12th Street was a Hispanic gang based in Pomona. The gang had over 500 members and associates.
La Eme was the Mexican Mafia under which 12th Street would operate.
The Mexican Mafia was capable of issuing an order from jail to a gang member on the street to do work on behalf of the Mexican Mafia.
Detective Godoy believed that defendant was an active 12th Street gang member based on his prior contacts with law enforcement, his tattoos, and a recording after the crime in this case in which he referred to sharks or sharkies. He had a “Pomona” tattoo on his chest and on the back of his head which was a tattoo that a 12th Street member would possess. He also had shark tattoos which was a 12th Street symbol. Gang tattoos showed that defendant was a trusted member of the gang. Defendant also had a “G shield” tattoo which was a symbol of the Mexican Mafia. The tattoo had to be earned by doing work for the Mexican Mafia.
Detective Godoy believed that defendant was an associate of the Mexican Mafia. The victim was a member of the Monrovia Criminal Street Gang. Defendant was depicted in a photograph wearing a baseball hat with a P on it which was a symbol of 12th Street.
In Detective Godoy’s opinion, the shooting of the victim benefitted the Mexican Mafia and the 12th Street gang. The crime would put other gangs in the area in fear that a 12th Street member was working on behalf of the Mexican Mafia. It would benefit 12th Street, that they had a member doing crimes on behalf of the Mexican Mafia.
Further, mentioning La Eme would put the public in fear. The fact the crime was committed in public in the daytime further would instill fear in others. He was unsure if the victim was an associate of the Mexican Mafia. In searches of defendant’s residence and his vehicle nothing was found connecting him to the Mexican Mafia.
The People, Plaintiff and Respondent, v. John M. Oliva, Defendant and Appellant. In the Court of Appeal of the State of California, Fourth Appellate District, Division Two. e073979 (Sper.ct.no. fvi1503175). Opinion. Appeal from the Superior Court of San Bernardino County. Tony Raphael, Judge. Affirmed in part, reversed in part with directions.
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