1
0
After hearing evidence defendants Jamie Ramirez and Albert Villa participated in a beating of another inmate while in custody at Southwest Detention Center, a jury convicted them of one count of assault with force likely to produce great bodily injury.
The jury also found true the allegation that defendants committed the assault “for the benefit of, at the direction of, or in association with” a criminal street gang.
This case highlights the importance of establishing a nexus between a proven “criminal street gang” and the underlying crime. That is, when the prosecution seeks to prove the gang enhancement should apply to a defendant’s conviction, the “evidence must permit the jury to infer that the ‘gang’ that the defendant sought to benefit, and the “gang’ that the prosecution proves to exist, are one and the same.”
During trial, the prosecution presented evidence that defendants and the inmate who orchestrated the assault each belonged to different Riverside County gangs before they were incarcerated but that they committed the assault for the benefit of the prison gang La Eme (also known as the Mexican Mafia).
Despite this theory, the prosecution proved that the three Riverside County gangs satisfy the definition of a “criminal street gang,” but didn’t present such proof for La Eme, the gang the assault was related to.
For example, they didn’t present evidence to support a finding that its members engage in a “pattern of criminal gang activity.”
In other words, the prosecution proved the existence of the wrong (or irrelevant) gangs.
Because the record contains no nexus between the assault and a proven gang, the enhancements cannot stand. We therefore vacate that aspect of the jury’s verdict but otherwise affirm the judgment.
Deputy Torres testified as an expert on La Eme and explained to the jury how the Hispanic prison gang is structured and operates. He said the gang covers Southern California, its territory beginning south of Bakersfield.
The top tier of the gang is reserved for members in both state and county detention facilities called “executives” or “tios.” Tios or executives maintain control of the county they oversee through intimidation and violence, collecting money from extortions and a portion of all drug sales in county jails.
Occupying the lowest tier of the gang are “Southsiders” or foot soldiers. These are inmates who belonged to gangs outside or on the streets and who haven’t yet moved up La Eme’s ranks. Deputy Torres said as soon as a local gang member “goes into a custodial environment, they leave all rivalries behind, and pledge their alliance to La Eme” and become a Southsider While in custody, they will work together for “the cause” (the collective good of La Eme) in hopes of moving up the ranks and someday becoming an executive or tio. Each tio has, at his disposal, an “army” of Southsiders at every detention facility in his respective county.
“Sureños” occupy the middle tier of the prison gang’s hierarchy. In order to become a Sureño, a Southsider must prove himself by “putting in work,” which is done by committing assaults and other acts of violence for the benefit of La Eme.
Deputy Torres said Southsiders have an obligation to join in on these acts of violence when called upon to do so by other members, especially those in positions of authority.
For those Southsiders who don’t want to join in or put in work, the detention facility will give them the option of going into protective custody, as such refusals will generally make the Southsider a target within La Eme.
Finally, Torres said each housing unit and day room within a detention facility will have one designated “shot caller” chosen from among the Southsiders in custody. According to Deputy Torres, the shot caller’s reputation is everything, so if someone challenges their authority, they must respond, and their fellow Southsiders must help or face repercussions.
The People, Plaintiff and Respondent, v. Jamie H. Ramirez et al., Defendants and Appellants. The Court of Appeal of the State of California. Fourth Appellate District. Division Two. E074402 (Super.Ct.No. SWF1601096). Opinion. Appeal from the Superior Court of Riverside County. Kelly L. Hansen, Judge. Affirmed in part as modified; reversed in part.
Average Rating