Court gives the OK to St. Paul gang injunction
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posted by Bob at Saturday, April 25, 2009
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In a first for the state, alleged Sureño 13 members can't associate with one another at next weekend's Cinco de Mayo celebration, a judge rules.
By CHRIS HAVENS and ANTHONY LONETREE, Star Tribune
Last update: April 24, 2009 - 10:49 PM
THE DEFENDANTS
St. Paul police say the following seven men are members of the Sureño 13 gang. They were included in the judge's order Friday. While some have had adult run-ins with the law, their juvenile records were redacted in court files. The following information is based on court records. Three others listed in the order are not included below because they are juveniles and were not identified.
• Salatiel Nicolas Hernandez-Patino, 18: Reported to have gang ties in 2007 when he was 16 and faced criminal damage to property charges in both Anoka and Ramsey counties. In May 2008, Hernandez-Patino was back in court in Ramsey County, and again for dual charges that included criminal damage to property and committing a crime for the benefit of a gang. In return for the dismissal of both charges, Hernandez-Patino agreed to stay out of St. Paul except to travel to and from his job at a Midway area restaurant, records show.
• Heriberto Lopez, 18: Driver's license suspended in 2007 after being caught driving without a license and failing to appear in Dakota County District Court.
• Ivann Alexander Valencia, 18: He turned 18 in March and has no adult criminal record in Minnesota.
• Juan Quintero, 19: Pleaded guilty early last year to criminal damage to property after spray-painting a vacant house. He told police he had been "jumped in" as a Sureño gang member in 2006. He's on probation.
• Luis Fernando Gaytan, 19: About 2 a.m. April 3, Gaytan was one of four men and a juvenile male pulled over by police at Western and Concordia Avenues. Inside the vehicle were a loaded 9-millimeter handgun, police spokesman Peter Panos said, and a copy of the city's Cinco de Mayo filing against the Sureño gang members. Panos said everyone in the car admitted to police they were Sureño gang members.
• Jesus Jacobo, 19: Has been ticketed for several driving offenses, pleaded guilty earlier this year to theft of movable property. A second charge of tampering with a motor vehicle was dismissed.
• Jorge Luis Vargas, 21: No adult criminal record in Minnesota.
In a legal first for the state of Minnesota, a Ramsey County district judge Friday ordered alleged members of a street gang to stay away from one another during the Cinco de Mayo celebration on St. Paul's West Side next weekend.
Judge Gregg Johnson granted the city of St. Paul's request to sue the Sureño 13 gang and limit activities of 10 of its alleged members in an effort to prevent gang violence at the event, which draws about 100,000 people every year.
City officials hailed the decision.
"This is an innovative solution to the problems that have arisen with gang activity in some of our neighborhoods," said Mayor Chris Coleman. "St. Paul is a safe city, and these injunctions are a proactive approach to send a clear message to gangs that we will not tolerate any violence in our community."
A 2007 state law allows for criminal gangs that engage in regular gang activity to be declared public nuisances. If that declaration is made, authorities have the right to pursue injunctions, according to the law.
Similar injunctions have been used in effect in California and Texas. Los Angeles currently has in place nearly 40 gang injunctions involving 57 gangs. Authorities say the legal actions have reduced crime and improved neighborhoods.
Critics say the injunctions violate individuals' constitutional rights and aren't as effective as other measures.
Johnson heard the city's argument Friday morning.
After the judge asked him whether he wanted to make comments on the constitutional issues of the request, City Attorney John Choi gave a brief statement in which he noted similar actions elsewhere, previous legal opinions, details on the city's proposed order and past actions by the gang.
Nobody spoke against the city's case during Friday's hearing, and no written submissions were made to the court.
Johnson wrote in his 14-page order that the city's request was "very limited and narrow in scope and clear in describing the conduct it seeks to enjoin."
The order will be in effect for 38 hours, from May 1 to 3, in an area bounded by Plato Boulevard, Ohio Street, Hwy. 52 and Sidney Street.
No gang signs, clothing
Under the order, the named members -- seven men and three juvenile males -- aren't prohibited from going to the event, but they can't associate with other known Sureño members. Among other banned activities are showing gang signs, wearing gang clothing, threatening people and recruiting people into the gang. A violation of the order could result in a misdemeanor charge.
A juvenile who was named in the suit attended the hearing Friday but didn't speak. He declined to comment to a reporter. None of the other individuals could be reached to comment.
Criteria used by police to determine whether someone is a gang member include self-admission, tattoos, clothing, past crimes and information from confidential sources.
An affidavit supporting the injunction includes the opinion of a St. Paul police gang expert saying the 10 alleged members belong to Sureño. But court documents do not detail their connections to the gang, and portions are blacked out.
Johnson agreed with the city that the 10 are "the most active and influential" in Sureño gang activities.
The city didn't need to prove its case beyond a reasonable doubt, just provide a preponderance of evidence.
'Gang injunctions work'
To make its case, the city documented 13 incidents over the past year of criminal activity linked to the Sureño gang, including a shooting after last year's Cinco de Mayo celebration.
The city filed its request at the end of March.
Chuck Samuelson, executive director of the ACLU of Minnesota, said the city's case was deep on allegations but shallow on facts. "They're trying to use civil law to get a criminal result," he said. "The standard of proof is ridiculously low."
Authorities have already discussed using gang injunctions in the future to protect community festivals, schools, sporting events and specific geographic areas, Choi said.
"By and large, these gang injunctions work," Choi said.
chavens@startribune.com • 612-673-4148 alonetree@startribune.com • 612-673-4109
I wouldn't go to it this year, last years shooting just made this year a vendetta between gangs.
The police and a judge ruling can't detour the violence.
This will be like putting salt on the wounds.
Sounds like fun. Just stroll on down to have a ringside seat to the greatest show on earth......the gangs against the city court papers. Anyone wanna make a wager who will win?
morwertThe gang's - 10 to 1
This is the second supposed gang banger with a JOB! Their gang related activity is so lucrative these guys are working.:-) Do the rest of you see this for what it is?
This whole deal is just what I said it was. A political foot ball to aide Coleman and Choi with votes in the up coming elections. These kids are not a threat. Same kids my son single handily beat the crap out of and chased all over town for spray painting graffiti. They ran like little girls!
Coleman and Choi, you guys are a damn joke and you believe us citizens are just a bunch ignorant chumps. The only thing you fools have accomplished is wasting tax dollars and the city attorneys time on a bunch of bullshit. Both of you should be ashamed of yourselves.
Bob
The citizens are a bunch of chumps, they elected Coleman who then brought in Choi boy.
The up coming Cinco de Mayo celebration
Here's Coleman's idea and the truth
"This is an innovative solution to the problems that have arisen with gang activity in some of our neighborhoods," said Mayor Chris Coleman. "St. Paul is a safe city,
There has been gangs on St.Paul's West Side, East Side and Rice Street, and others from 1965 till now !
We had the property damage, and crimes of all sorts in the city, Chris is running for re-election and wants all the vote he can swing from our elders that the news terrify with their target reports.
Billy D.
For Mayor
See you all at Cinco de Mayo
Forensic research google the Judge Gregg Johnson
http://www.google.com/search?hl=en&q=Judge+Gregg+Johnson+MN&btnG=Google+Search&aq=f&oq=
PS Google is NOT SPAM, Wrath of God Turbulence of Nature and Google
PS Judge Gregg Johnson disqualified hinmself from the 2008 Tax Delinquent Ramsey Dist. Crt. 62cv09-1163 without any moving papers as Sharon is out to Abolish the SCAP Panel ie: Committments Costing the Taxpayers a fortune.
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