Court Tosses West Sacramento Gang Order

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Dec 13, 2004
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This is just a good new heads up for those who were wanting to know the info on West Sacra Broderick14 gang.


Court Tosses West Sacramento Gang Order
Written by C. Johnson, Internet News Producer

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People et rel. Reisig etc. v. The Broderick Boys



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A two-year-old West Sacramento injunction against the Broderick Boys street gang has been thrown out by the California Third District Court of Appeal in Sacramento.

In issuing its ruling, the court said the Yolo County District Attorney's Office had not given those affected by the injunction enough notice to oppose it legally.

Yolo County Superior Court issued the injunction in February 2005. It banned the Broderick Boys, also known as Nortenos, from engaging in a wide variety of activities within a three-square mile area of West Sacramento. At the time the court issued the order, there were about 350 documented members of the Broderick Boys gang.

The injunction's safety zone was bordered by Harbor Boulevard on the west, the Sacramento River on the north and east and by the Capital City Freeway and State Route 275 to the south. The one area within the zone but not included in it was the Lighthouse Marina and Golf Course property. The safety zone also extended 100 yards outside of its designated boundaries.

The court order also mandated a 10 p.m. to sunrise curfew for the Broderick Boys.

In overturning the lower court's order, the appeal court wrote the Yolo D.A.'s office had only served one gang member named Billy Wolfington, assuming he would let other Broderick Boys know of the new restrictions. When the injunction was first issued, Yolo Superior Court said the Broderick Boys had to be notified of the order's provisions.

West Sacramento police requested the gang injunction. According to Police Chief Dan Drummond, the Broderick Boys have been active in West Sacramento for more than 40 years. They have been associated with crimes ranging from graffiti and vandalism to robbery, assault and murder.

Last week, a 17-year-old member of the Broderick Boys was taken into custody for his alleged role in an attack on an Amtrak train engineer on April 16. The teen is facing an attempted murder charge and faces 14 felony counts, including assault with a deadly weapon, train robbery, vandalism and criminal street gang activity. He will be tried as an adult.

News10 contacted West Sacramento Mayor Chris Cabaldon who is out of town. He said he knew about Monday's ruling but hadn't seen the court documents and couldn't comment on the city's next step regarding the injunction.

The appeal court ruling is linked above.


Copyright 2007 News10/KXTV . All Rights Reserved.

Created: 4/23/2007 7:25:03 PM Updated: 4/24/2007 8:44:33 AM
 
Aug 19, 2006
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ONE UP FOR THA HOMEBOYS HUH. THAT WAS A FUCKED UP LITTLE ORDER. WHAT IS THIS COMMUNIST COUNTRY COMIN TO. THAT SOUNDED LIKE SOME STALINGRAD SHIT THERE.
 
Dec 13, 2004
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Yeah,I just notified some who didn't see it.It was just release yesterday. Their releaved about this drama that yolo tried to put on everyone. Some couldn't even see their cousins and friends.Things were all messed up. Lesson to be learned to the yolo. It's a big slap in the face.
 
Dec 13, 2004
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More info:
WHAT WAS BANNED
The West Sacramento injunction carried a 10 p.m. curfew and banned gang members from gathering in public in a 3-square-mile area of the city. The injunction also barred the possession of graffiti tools, weapons and drugs or alcohol by 350 alleged gang members.
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State court overturns West Sacramento gang order
By Hudson Sangree - Bee Staff Writer
Last Updated 6:22 am PDT Tuesday, April 24, 2007
Story appeared in MAIN NEWS section, Page A1
A state appellate court Monday struck down an order that imposed a curfew and banned public gatherings of alleged West Sacramento gang members, criticizing prosecutors for not giving the Broderick Boys their day in court.

While agreeing there is significant gang activity in West Sacramento, the 3rd District Court of Appeal said the Yolo County District Attorney's Office had not given enough advance notice of the crackdown to alleged Broderick Boys. Instead, they served the injunction on only one low-level gang member.

"The district attorney knew of 'veteranos' and 'shot callers' yet served only Billy Wolfington, whose gang rank is unknown but who was characterized as a 'soldier' at oral argument in this court," wrote Justice Fred K. Morrison.


When served in January 2005, Wolfington told police he had no intention of appearing in court.

"Thus, whether he would tell others was a matter of chance," Morrison wrote.

The three justices on the appellate-court panel agreed, however, that there was enough evidence of "gang criminality plaguing West Sacramento" to potentially justify a gang injunction.

District Attorney Jeff Reisig said he would seek another injunction only if city leaders, including Mayor Christopher Cabaldon, wanted it.

Cabaldon was out of town Monday and could not be reached for comment.

A second try for an injunction would require giving alleged gang members more notice and probably a long court fight.

The West Sacramento injunction imposed a 10 p.m. curfew and prohibited gang members from gathering in public in a 3-square-mile area of the city.

It also prohibited possession of graffiti tools, weapons and drugs or alcohol by 350 alleged gang members.

Similar measures have been used in Southern California.

Reisig, who argued the appellate court case himself, said he was disappointed the court had thrown out a measure that he called "highly effective."

"I had contact with dozens of business owners in West Sacramento who said this improved the quality of business and their lives because they didn't have to deal with gangsters loitering and committing vandalism," Reisig said.

He cited last week's brutal attack on an Amtrak engineer -- allegedly by members of the Broderick Boys -- as an example of why the injunction was needed.

The attack occurred 15 minutes after the 10 p.m. curfew and involved alleged Broderick Boys gathered in a public place.

"Everything about that crime was why the injunction was so relevant," Reisig said. Two suspects, both gang members, are in custody, he said.

Opposing Reisig in the appellate court was the American Civil Liberties Union of Northern California, which filed a legal challenge on behalf of four men named in the injunction.

Ann Brick, an ACLU attorney, said the court had made it clear that adequate notice had to be given to those affected by gang injunctions.

If the court had upheld the injunction, "You can bet your boot that's what every other prosecutor in the state who wanted to get a gang injunction would do," she said.

"They would institute secret proceedings," she said. "They would serve one person, bet that no one else would know what was happening, and get a judgment by default."

Many West Sacramento residents opposed the injunction, saying its curfew and prohibitions had led to the arrest of innocent people and disrupted family and community gatherings. Alleged gang members were mostly Latino.

Noel Soliz, 32, wrote an e-mail to The Bee saying he was a state worker of Mexican American descent and a second-generation, lifelong resident of the Broderick-Bryte area of West Sacramento.

"I am not and have never been a gang member, yet I don't feel comfortable having a barbecue with my own family and friends anymore because the police will drive by and intimidate the gathering," he said.

West Sacramento police declined to comment Monday.

Soliz blamed upscale development -- and the clash between new homeowners and longtime residents -- for the crackdown.

"It seems that when the $500,000 homes went up, Mr. Reisig decided he had to focus his attention on something," he said."We had our share of tough guys and bad apples, like any other working-class community. But a gang problem? No. It never existed until Mr. Reisig wanted it to."

Rose Trujillo, 79, has lived in Broderick for most of her life. She was delighted the injunction was overturned.

"Wonderful," she said. "I've never been scared here. I can't imagine what people think things are like here. Saying they couldn't be out after 10 o'clock. All of that was so unjust."

The appellate court's decision reversed a ruling by Yolo Superior Court Judge Thomas E. Warriner. It was signed by Morrison, Presiding Justice Arthur Scotland and Justice George Nicholson.
 
Jun 14, 2002
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THE KID THAT IS BEIN' CHARGED WIT' ALL THAT SHIT,HE WAS IN MY JUVENILE VIOLENCE COURT.....SURPRISED ME HE DID THAT....BUT HE FACIN' SOME SERIOUS TIME.....

ALSO,JUDGE WARRINER IS A DICK,THAT FOO WAS TRYIN' TO SEND ME TO YA WHEN I WAS 13 YEARS OLD.
 
Feb 15, 2007
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1OLB4 said:
I THOUGHT THIS WAS SUPPOSED TO BE A FREE COUNTRY.
SERIOD AS FUCK, AT LEAST ONE BULLSHIT LAW IS GONE. BUT I WOULD LIKE TO SEE GANG ENHANCEMENTS GONE. THAT SHIT FUCKS OVER MANY PEOPLE, YET ANOTHER BULLSHIT CHARGE TO LOOK YOU UP FOR LONGER TIME.