Street Gangs In The 21st Century

Street Gangs In The
st
21
Century
Investigator Tim McClure
Ford County Sheriff’s Offices
Criminal Street Gangs
Definitions and the Law
Criminal Street Gang
K.S.A. 21-6313
•
(a) "Criminal street gang" means any organization,
association or group, whether formal or informal:
•
(1) Consisting of three or more persons;
•
(2) having as one of its primary activities the commission of
one or more person felonies, person misdemeanors, felony
violations of the uniform controlled substances act, K.S.A. 654101 et seq., and amendments thereto, or the comparable
juvenile offenses, which if committed by an adult would
constitute the commission of such felonies or misdemeanors;
•
(3) which has a common name or common identifying sign or
symbol; and
Cont.
• (4) whose members, individually or collectively,
engage in or have engaged in the commission,
attempted commission, conspiracy to commit or
solicitation of two or more person felonies,
person misdemeanors, felony violations of the
uniform controlled substances act, K.S.A. 65-4101
et seq., and amendments thereto, the
comparable juvenile offenses, which if committed
by an adult would constitute the commission of
such felonies or misdemeanors or any
substantially similar offense from another
jurisdiction.
Criminal Street Gang Member
•
•
•
•
21-6313. (4)(b) "Criminal street gang member" is a person who:
(1) Admits to criminal street gang membership; or
(2) meets three or more of the following criteria:
(A) Is identified as a criminal street gang member by a parent
or guardian.
•
(B) Is identified as a criminal street gang member by a state,
county or city law enforcement officer or correctional officer or
documented reliable informant.
•
(C) Is identified as a criminal street gang member by an
informant of previously untested reliability and such identification
is corroborated by independent information.
•
Member Cont.
•
•
•
•
•
(D) Resides in or frequents a particular criminal street gang's
area and adopts such gang's style of dress, color, use of hand signs
or tattoos, and associates with known criminal street gang
members.
(E) Has been arrested more than once in the company of
identified criminal street gang members for offenses which are
consistent with usual criminal street gang activity.
(F) Is identified as a criminal street gang member by physical
evidence including, but not limited to, photographs or other
documentation.
(G) Has been stopped in the company of known criminal
street gang members two or more times.
(H) Has participated in or undergone activities self-identified
or identified by a reliable informant as a criminal street gang
initiation ritual.
Associate
• (d) "Criminal street gang associate" means a
person who:
•
(1) Admits to criminal street gang
association; or
•
(2) meets two or more defining criteria
for criminal street gang membership
described in subsection (b)(2).
21-6314.
• Recruiting criminal street gang membership. (a)
Recruiting criminal street gang membership is
causing, encouraging, soliciting or recruiting another
person to join a criminal street gang that requires, as
a condition of membership or continued membership,
the commission of any crime or membership
initiation by submission to a sexual or physical assault
that is criminal in nature, or would be criminal absent
consent by the initiated.
• (b) Recruiting criminal street gang membership is a
severity level 6, person felony.
21-6315.
• Criminal street gang intimidation. (a) Criminal street gang
intimidation is the communication, directly or indirectly
with another, any threat of personal injury or actual
personal injury to another or any threat of damage or
actual damage to property of another with the intent to:
•
(1) Deter such person from assisting a criminal street
gang member or associate to withdraw from such criminal
street gang; or
•
(2) punish or retaliate against such person for having
withdrawn from a criminal street gang.
•
(b) Criminal street gang intimidation is a severity level
5, person felony.
21-4229.
• Criminal street gang member; bail, exceptions.
When a criminal street gang member, as defined
in K.S.A. 21-4226, and amendments thereto, is
arrested for a person felony, bail shall be at least
$50,000 cash or surety, unless the court
determines on the record that the defendant is
not likely to reoffend, an appropriate intensive
pre-trial supervision program is available and
the defendant agrees to comply with the
mandate of such pre-trial supervision.
• Founders: Jack Dorsey, Evan Williams, Biz
Stone
• 190 Million accounts as of July 2010
• Launched July of 2006
• Mini Blog
• Tweets can be posted from Computers, cell
phone text messages
Facebook
• Launched in February 2004
• More than 600 million active users
(Complete.com)
• Founder Mark Zuckerberg, Eduardo Saverin,
Dustin Moskovitz, Chris Hughes
• 2009 Ranked most used social network
service
• Social Media Today in April 2010 estimated
41.6% of the U.S. population has an account
Facebook Legal Information
•
•
•
•
•
•
•
•
Phone number: 650-543-4800
Email: [email protected]
Address:
Facebook
Attn: Legal Department
156 University Ave
Palo Alto, CA
94301
Facebook Legal Items needed
•
•
•
•
•
•
•
•
•
•
•
Facebook User id/Group id:
Full name:
School/networks:
Birthdate:
Known email addresses:
Aim id:
Known phone numbers:
Full address:
Url to facebook profile:
Other known websites:
Known IP addresses:
• Owned by News Corp. Digital Media
• Quantcast estimates MySpace’s monthly U.S.
43.2 million visitors
• 2002 several eUniverse employee started
• Brad Greenspan, Josh Berman, Chris
DeWolfe, and Tom Anderson
MY Space Legal Information
•
•
•
•
•
•
•
•
•
•
Mailing Address:
Custodian of Records
MySpace.com
407 N. Maple Drive
Beverly Hills, CA 90210
Law Enforcement Telephone Hotlines:
Phone: 888-309-1311
Fax: 310-356-3485
Law Enforcement Email Address:
[email protected]
YouTube
Gang Movement
• Media influence
– Glorify gangster lifestyle
– “Cool” to be a gangster
– MTV and mass media
• “How to guide” to be a gangster
• Gangsters portrayed by wealth and status
• Rap/Hip Hop magazines
– Specialized gang and clothing stores
Btang buha
50 Cent
“Anyone who hustles hard is supposed to get
locked up. A bonafide hustler doesn’t take
any days off, which means he commits a
felony 365 days a year.”
C.O. Tha Bad Black
The Game
Snoop Dogg
Sur in Japan
Video Games
Books and Magazines
FHM, June 2001
Exporting the
gang culture
1995
2002
Stanley Tookie Williams
• Stanley “Tookie” Williams
– Executed December 13, 2005 in California for two
1979 robbery homicides that left four people dead.
Was convicted in 1981.
– Has wrote a series of children books from prison
entitled “Tookie Speaks.”
– In 2001 was nominated for a Nobel Peace Prize.
– Has been nominated for a total of 5 Nobel Peace
Prizes since 2001
Tookie Speaks
Web Pages
Movies
Groovy Criminals
Romantic
Gangsters
Anti Heroes
Cast from the movie “American Me” (1995)
Luis “Huero Buff” Flores
Hawaiian Gardens
Founder of EME
Died 1991 Alcoholism
“Tuffy”
San Jose, CA
Murdered before 1976
Michael Mulhern
Informant
Entered Witness
Protection early 80’s
Jessy ”Cheneno” Gordon
Geraghty Loma
Murdered
Abraham “AB” Hernandez
Sacramento, CA
In Custody Pelican Bay
Life w/o Parole
Benjamin “Topo” Peters
Hoyo Soto
Died 2001 Liver Cancer
Joe “Pegleg” Morgan
Maravilla
Died 1994 Stomach Cancer
Rudolf “Cheyenne” Cadena
Bakersfield, Ca
Murdered by Nuestra Familia
in 1972 at Chino
Mexican Mafia (Folsom 1967)
DAMU
Tim McClure
•
•
•
•
•
Ford County Sheriff’s Office
507 Ave. L
Dodge City, Ks 67801
Cell: 620-255-3141
Email: [email protected]