People v. Dominguez, 4257

Citation121 Cal.App.3d 481,175 Cal.Rptr. 445
Decision Date12 June 1981
Docket NumberNo. 4257,4257
CourtCalifornia Court of Appeals
PartiesThe PEOPLE, Plaintiff and Respondent, v. Sammy Simental DOMINGUEZ et al., Defendants and Appellants. Crim.
Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Stanley Kubochi and Richard L. Phillips, Deputy State Public Defenders, Sacramento, Allen R. Crown, Concord, under appointment by the Court of Appeal, for defendants and appellants
OPINION

ZENOVICH, Associate Justice.

Sammy Simental Dominguez and Anthony Castro were charged with having committed murder (Pen.Code, § 187) and an assault with a deadly weapon (Pen.Code, § 245, subd. (a)). In addition, it was alleged that Dominguez personally used a firearm within the meaning of Penal Code section 12022.5. It was further alleged that, in the commission of the murder, a principal was armed with a handgun (Pen.Code. § 12022, subd. (a)). With regard to the assault count, the information alleged that both defendants were armed with a handgun during the commission of the offense (Pen.Code, § 12022, subd. (a)).

Following a 22-day trial, the jury returned guilty verdicts and found the allegations alleged in the information to be true as to both defendants. 1 Dominguez was sentenced to state prison for a life term on the murder count and a two-year concurrent enhancement was imposed pursuant to Penal Code section 12022.5. Imposition of sentence on the assault count was stayed pending completion of the term for the murder count. Following completion of a court-ordered diagnostic report by the California Youth Authority, Castro was sentenced to a life term on the murder count and a one-year enhancement was imposed pursuant to Penal Code section 12022, subdivision (a). The five-year sentence on the assault count was stayed pending completion of the sentence on the murder count. They appeal.

PROSECUTION TESTIMONY

In October 1977, appellants Sammy Dominguez and Anthony "Tonito" Castro, as well as one named David Hernandez, were members of the Nuestra Familia, an organized gang. 2 Hernandez described the Nuestra Familia as a rigid, militaristic organization in which members are required to follow orders and to remain loyal to the group under penalty of death. The group operates both within and outside of state prisons. Different regiments are scattered throughout California, headed by a lieutenant. The members are known as "soldiers." The Constitution of the organization levies an automatic death sentence upon any member who turns coward, traitor, or deserter.

On October 9, 1977, Hernandez was released from state prison and directed by the prison's Nuestra Familia lieutenant to make contact with certain individuals in Bakersfield. Hernandez was then put in contact with other individuals and made a trip to Fresno on October 13. 3 Hernandez met with several Nuestra Familia members in the Chinatown area, including Tonito Castro. A few days later, both Hernandez and Castro reported according to orders to the Salinas regiment of the Nuestra Familia. 4 While at a Salinas apartment headquarters of the Nuestra Familia, Hernandez was ordered to stay in Salinas. Hernandez noted that he saw Tonito at the apartment and met another organization member named Sammy Dominguez. Hernandez, Dominguez and Castro stayed at the Salinas apartment for a week and became a part of that particular regiment.

Sometime during October 1977, Hernandez, Marina Christina "Chris" Cobos, Marian Saballa Maldonado, Marian Martinez, and Dominguez went to San Jose. They purchased a white station wagon and returned to Salinas. According to Mrs. Cobos, the car was purchased so that some Nuestra Familia "brothers" could "go back to their home town to report in to their parole officers." 5

The lieutenant of the Salinas regiment was Arthur "T-Bone" Lasolla. Most of Lasolla's orders came from Death Row Joe Gonzales, one of the head leaders of the Nuestra Familia, who was in state prison at the time. On October 21, 1977, Lasolla ordered Hernandez to go to Bakersfield with Dominguez and Castro so that appellants could report to their parole officer. Lasolla provided Hernandez with two .22 revolvers and some ammunition. Lasolla instructed that, while in Bakersfield, the men were to commit a robbery and kill one named Chollo Hernandez, a dropout from the Nuestra Familia organization. 6 In addition, Lasolla indicated that the men should kill any enemies of the Nuestra Familia which they might encounter in Bakersfield. Hernandez, Dominguez, Castro and Anna Ruiz, Dominguez' girl friend, departed Salinas later that day in the white station wagon purchased in San Jose. The group of individuals was carrying two revolvers and cartridges given to them by Lasolla.

The group arrived in Bakersfield at approximately 4:45 p. m.; Dominguez and Castro reported to their parole officer as ordered. Afterwards, the men took Anna Ruiz to her house. Next, Hernandez, Dominguez and Castro each visited their respective mothers.

The three men then got back together a few hours later. Castro informed Hernandez that Castro's brother, Manuel, knew where they could locate Chollo Hernandez. At some point, the three men picked up Manuel, and Dominguez drove to a house where Chollo could supposedly be found. The men were lying in wait to kill Chollo in the event of his arrival. Hernandez and Dominguez were armed with .22 revolvers. The men walked into the backyard of the house indicated to be the residence of Chollo. After ascertaining that Chollo was not there, the men returned to the car and took Manuel home.

The three men then drove to another location in Bakersfield and contacted Eugene Villarreal. The purpose behind this visit was to obtain a third gun so that each of the men would be armed during the planned robbery and so that each would be armed if they encountered Nuestra Familia enemies. Hernandez testified that Dominguez and Castro returned with a .38 handgun and cartridges. 7

From Villarreal's residence, the three men drove to a liquor store across from a park on California and King Streets and purchased some beer. At the liquor store, Dominguez saw a friend, Alex Santa Cruz, and asked him if Steve "Wolfie" Fierro was with him. Alex responded, "Yeah," and departed from the liquor store to a party at another location. The Fierro brothers were known enemies of the Nuestra Familia. "Wolfie" Fierro was believed to be a sympathizer of the Mexican Mafia, a rival gang.

While Hernandez and appellants were purchasing liquor, Castro told Hernandez that he had information that the Fierro brothers often frequented the park across the street. Hernandez stated that the three men went to the park and waited for the Fierros' arrival in order to kill them. The trio did not see any of the Fierros; accordingly, they left the park around midnight.

As Hernandez and Castro were crossing the street to rejoin Dominguez who was near the station wagon parked behind the liquor store, a yellow car drove by and someone in the car hollered out "Tonito." As the three men looked toward the yellow car, someone fired a shot in their direction. Castro was "hit" in one of his fingers. Hernandez and Castro attempted to obtain the guns from the station wagon; Castro aimed the .38 out the window and emptied it in the yellow car as it sped away. Hernandez also fired at the vehicle once. 8 The three men gave pursuit, but lost the yellow car.

Castro hypothesized that the Fierros were the individuals in the yellow car who had shot at them, mentioning the name of "Wolfie" sometime during the conversation. The three men believed they had been attacked "by possible enemies of the Nuestra Familia" and considered it their duty "to kill (the Fierros) if possible." Castro said he knew where the Fierros "hung out." The three men traveled to and set up surveillance at a particular residence. The three men had guns and were prepared to "open fire" on the Fierros if they arrived. If they did not retaliate, Hernandez indicated they would be branded as cowards and killed by their gang. After a five- to twenty-minute interval, no one showed up at the residence, and Castro told the men about a place where they could obtain some more ammunition for the .38. The three men then returned to Villarreal's residence in an unsuccessful attempt to obtain more ammunition for the .38

As they left Villarreal's house, Castro suggested that the group proceed up Virginia Street to "another place where he knew the Fierros might possibly be." When they turned onto Virginia Street, the three men saw a group of people talking and drinking beer near two parked cars. Among the group of people were Alex and Fred Santa Cruz, Steven Fierro and David Rodriguez. 9 As the white station passed the group, Castro shouted excitedly that Wolfie was among the individuals outside. Dominguez made a U-turn and drove by the residence a second time. After a second U-turn, Dominguez stopped the car near the group of people and Castro asked whether Wolfie was there. Someone in the crowd gave a negative response. 10 Dominguez reached across Hernandez, who was in the front passenger seat, and fired two shots from a .22 revolver directly into the crowd. As Dominguez stopped the car and Hernandez began to depart from it, the group began to scatter. Hernandez responded by firing a .22 revolver at a person who had crawled underneath a nearby parked car. As he did so, Dominguez ran around to the front of the station wagon and resumed shooting. Hernandez also fired several shots at a person who was fleeing across a grassy area near the rear of the lot. Hernandez opined that the fleeing person "was trying to dodge bullets." Hernandez' victim screamed and hit the...

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