Judge rules home invasions not done on behalf of gangs
Written by Xiuhcoatl
Nov 18, 2006 at 09:36 AM
Note from Xiuhcoatl: So, according to the AmeriKKKan system of justice it is far worse to be involved in a street gang than to rape and molest women. This is modern-day genocide: they're increasing and worsening prison sentences for all brown people for committing crimes to benefit a street gang...with that alone you can be sentenced to life in prison. And this rule does not apply to members of white street gangs. Whites who are arrested (unless they are Nortenos) are never even suspected of being gang members, even though the Modesto Bee reported that the Nazi Lowriders are the fastest-growing gang in the county. This shit won't stop until we decide to stop it!
Judge rules home invasions not done on behalf of gangs
By SUSAN HERENDEEN BEE STAFF WRITER Last Updated: November 18, 2006, 04:55:24 AM PST Source: Modesto Bee
Convicted home invader David Anthony Silva saved himself from isolation in prison by giving a lengthy confession from the witness stand.
A judge on Friday said he does not believe Silva and two other men were acting on behalf of a criminal street gang when they broke into a dozen houses, bound and gagged homeowners and stole valuables three years ago.
Stanislaus County Superior Court Judge Ricardo Córdova said testimony by Silva, who took the witness stand during a four-week trial that began in October, convinced him that the men were acting for their selfish benefit.
During the trial, Silva said he had been a shot caller with the Norteños' Northern Structure, but had a falling out with the gang shortly before he and two others started robbing homeowners at gunpoint.
The judge noted that gangs forbid the kind of sex crimes the men committed during their crime spree, which included the molestation of two women.
He recalled that Silva was nearly killed by fellow inmates when he arrived at county jail. And he said Silva's tell-all may result in some kind of jailhouse justice.
"Based on what I heard, he is likely to face very serious repercussions and receive the ultimate gang discipline for that testimony," Córdova said.
Silva, 33, of Hilmar, David Wayne Morrison, 23, of Delhi and Anthony Lawrence Martinez, 25, of Modesto each were convicted of 38 felonies after a six-month jury trial ended in April.
Córdova decided last year to separately hear the gang-related charges, leading to the second trial this fall.
The men were arrested in September 2003 after a chase and shootout with sheriff's deputies.
Darlene Renee Fouse, 32, of Modesto has been sentenced to two life terms. She was the getaway driver in the final robbery and was convicted of the attempted murder of two peace officers.
Silva, Morrison and Martinez also will spend the rest of their lives in prison. Each faces 300years behind bars before he can be eligible for parole.
If the judge had found the gang charge to be true, the men would have faced 29 life terms. A gang conviction would have ensured placement in a maximum security prison's secure housing wing, where prisoners are alone in their cells for 23 hours a day.
The men did not wear any gang clothing or shout out any gang sayings during the robberies.
But Silva has several gang tattoos, including the word Norteño written in bold letters on his forearm.
Security tight in courtroom
Morrison has sported gang tattoos since he was a teenager, but he had some of them removed.
Martinez was on a "bad name" list kept by gang members and recovered by jailers.
Five bailiffs were in the courtroom when the judge gave his ruling, and security is expected to be tighter when the men are sentenced Jan. 30-31.
The court set aside two days because many of the victims are expected to give statements.
Defense attorneys said the men want to waive their right to be present at the sentencing and go to prison immediately. The judge said they must come to court and listen to what the homeowners have to say.
"Some not very nice things are going to be said," Córdova said. "It's going to be difficult."
Bee staff writer Susan Herendeen can be reached at 578-2338 or
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