http://www.modbee.com/local/story/762161.html
Sunday, Jun. 28, 2009
Suing for Peace
Injunction sought to limit Norteño gang's activities on home turf
By Rosalio Ahumada
[email protected]
For the first time in Stanislaus County, the district attorney's office is suing a street gang to curb the crime and the violence it brings to one of the region's most crime-plagued neighborhoods.
The district attorney's office has filed a lawsuit seeking a gang injunction against 20 hard-core members of the Deep South Side Norteños to limit their ability to operate in a south Modesto neighborhood, whose residents live in constant fear of stray bullets, gang retaliation and losing their sons and daughters to the gang life.
An injunction declares the gang's public behavior a nuisance. Violating the injunction will result in a misdemeanor and a sentence of up to six months in jail.
Authorities hope the arrests will bring a domino effect that will stop the gunfire, ease the neighborhood's fear and stall the recruitment of teens into gangs.
District Attorney Birgit Fladager said the arrests could lead to tougher charges and prison time.
"We want them to sit in jail," Fladager said. "Plus, they're going to most likely have something on them that leads to a felony charge."
David Tubera, 28, of Modesto is on probation and is one of the men listed in the injunction.
"I disagree with it," Tubera said. "I don't feel it's fair, because they're only targeting certain individuals. If I can, I'll get a lawyer and fight it."
On Thursday, probation officers found him in south Modesto and strapped a GPS device to his ankle, so his movements can be monitored.
Chief Probation Officer Jerry Powers has vowed to place GPS devices on every probationer listed in the injunction; Tubera is one of two in the injunction.
But residents in south Modesto and community groups welcome the new anti-gang strategy and want gangbangers off their streets.
Jose Reyes, 53, has lived in south Modesto for three years. He lives in a small house near Bret Harte Elementary School, a few blocks north from where gangland gunfire killed a man on his way to buy diapers in March 2007.
He has two large dogs to deter burglars, and he said he sees gangsters loitering in front of his house all the time. He said it's a harsh reality, so he welcomes any effort that can relieve the tension.
"For me, it's a good thing; it's magnificent," Reyes said in Spanish about the injunction. "I just try to stay out of any disputes. I think things can change."
Maggie Mejia is a representative from Commerciantes Unidos, a group of businesses along Crows Landing Road in south Modesto. She also works with Latino commu- nity groups in organizing public events that educate parents about gang violence and the dangers to their children.
"Whatever works with law enforcement to clean up south Modesto we will support it," Mejia said. "We have a lot of gangs in Modesto, and we need to get rid of them."
Judge's approval temporary
The district attorney's office, however, has to get past some legal hurdles before officials start enforcing the injunction.
A judge has given temporary approval of the injunction, and the 20 defendants will get a chance to contest the proposed injunction at a hearing scheduled for Thursday. If the judge issues a preliminary injunction, the enforcement will begin.
More than half of the defendants have been notified to appear in court Thursday if they want to challenge the injunction. Authorities could not find the other men, but investigators left phone messages and told family members to pass along the word.
Sunday, Jun. 28, 2009
Suing for Peace
Injunction sought to limit Norteño gang's activities on home turf
By Rosalio Ahumada
[email protected]
For the first time in Stanislaus County, the district attorney's office is suing a street gang to curb the crime and the violence it brings to one of the region's most crime-plagued neighborhoods.
The district attorney's office has filed a lawsuit seeking a gang injunction against 20 hard-core members of the Deep South Side Norteños to limit their ability to operate in a south Modesto neighborhood, whose residents live in constant fear of stray bullets, gang retaliation and losing their sons and daughters to the gang life.
An injunction declares the gang's public behavior a nuisance. Violating the injunction will result in a misdemeanor and a sentence of up to six months in jail.
Authorities hope the arrests will bring a domino effect that will stop the gunfire, ease the neighborhood's fear and stall the recruitment of teens into gangs.
District Attorney Birgit Fladager said the arrests could lead to tougher charges and prison time.
"We want them to sit in jail," Fladager said. "Plus, they're going to most likely have something on them that leads to a felony charge."
David Tubera, 28, of Modesto is on probation and is one of the men listed in the injunction.
"I disagree with it," Tubera said. "I don't feel it's fair, because they're only targeting certain individuals. If I can, I'll get a lawyer and fight it."
On Thursday, probation officers found him in south Modesto and strapped a GPS device to his ankle, so his movements can be monitored.
Chief Probation Officer Jerry Powers has vowed to place GPS devices on every probationer listed in the injunction; Tubera is one of two in the injunction.
But residents in south Modesto and community groups welcome the new anti-gang strategy and want gangbangers off their streets.
Jose Reyes, 53, has lived in south Modesto for three years. He lives in a small house near Bret Harte Elementary School, a few blocks north from where gangland gunfire killed a man on his way to buy diapers in March 2007.
He has two large dogs to deter burglars, and he said he sees gangsters loitering in front of his house all the time. He said it's a harsh reality, so he welcomes any effort that can relieve the tension.
"For me, it's a good thing; it's magnificent," Reyes said in Spanish about the injunction. "I just try to stay out of any disputes. I think things can change."
Maggie Mejia is a representative from Commerciantes Unidos, a group of businesses along Crows Landing Road in south Modesto. She also works with Latino commu- nity groups in organizing public events that educate parents about gang violence and the dangers to their children.
"Whatever works with law enforcement to clean up south Modesto we will support it," Mejia said. "We have a lot of gangs in Modesto, and we need to get rid of them."
Judge's approval temporary
The district attorney's office, however, has to get past some legal hurdles before officials start enforcing the injunction.
A judge has given temporary approval of the injunction, and the 20 defendants will get a chance to contest the proposed injunction at a hearing scheduled for Thursday. If the judge issues a preliminary injunction, the enforcement will begin.
More than half of the defendants have been notified to appear in court Thursday if they want to challenge the injunction. Authorities could not find the other men, but investigators left phone messages and told family members to pass along the word.
