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New process creates streamlined way to challenge listing on Oxnard's gang injunctions

Ventura County Star - 9/16/2017

Sept. 15--This is the first in a two-part series about the gang injunctions in Oxnard. Click here to view part two.

Oxnard's two largest street gangs have lived under court orders barring them from specific activities that police identify as a public nuisance since the early 2000s.

Individuals identified as members of the Colonia Chiques and Southside Chiques not only must abide by all laws, but under gang injunctions approved by the courts a decade ago, their activities were severely curtailed, including how they could behave within designated areas known as safety zones and who they could associate with, particularly fellow gang members.

A new process launched in April by the Oxnard Police Department and the Ventura County District Attorney's Office changes the way those identified as a gang member get named to the injunction and how others could get off the list.

The original injunction -- and subsequent updates -- made possession of aerosol paint cans, intimidation of witnesses and use of gang gestures violations. Also, those named could not wear Dallas Cowboys and Colts clothing for those identified as a Colonia Chiques gang member. For Southside Chiques, wearing Chargers' clothing is deemed unlawful.

Violating these terms and others could mean a year in jail on a misdemeanor charge for about 375 individuals who have been identified as a Colonia or Southside gang member.

Now, individuals will have a more streamlined pathway to contest their inclusion on the injunction list.

This new notification process was a preemptive move made by Oxnard Police, the city of Oxnard and district attorney officials after the American Civil Liberties Union filed federal lawsuits claiming other jurisdictions denied due process to those served with gang injunctions, said Cmdr. Chris Williams, Oxnard police special operations manager.

Those who were served recently with an injunction and individuals who are already on the list now will receive a letter asking whether they would like to contest the allegation during a hearing in front of a judge.

While an "opt-out" provision was always available, authorities said this new method is more transparent, better explaining the removal process.

"We have a Constitution, and we must abide by it," Williams said. "Even though we might not agree with what the ACLU says, I think they do have a valid point. It's better to let it play out in court and let a judge make that determination ... but we wanted to take a second look at what we are doing now ... and decided this was the right thing to do."

Since about 2005, the Ventura County District Attorney's Office has filed nearly 1,800 gang injunction cases under the Colonia Chiques and Southside Chiques, said Rameen Minoui, major crimes supervisor for the district attorney's office.

Of that total, about 1,200 cases have resulted in a conviction through a jury trial, court trial or a plea. The remaining cases include defendants who are either found not guilty, active/open cases, or the District Attorney's Office decided to dismiss the charges, Minoui said.

Creating 'safety zones'

Ventura County District Attorney's Gregory Totten filed a temporary injunction against the Colonia Chiques gang in March 2004 that became permanent in June 2005. The Southside Chiques' order took effect in October 2006, after a long process of hearings that included testimony from both law enforcement and defendants.

Totten said he felt "very strongly" that the injunctions have been a useful tool for law enforcement, but also said the court orders are "not a panacea" in solving deeper issues that might exist in the community.

"When you put somebody's name on a gang injunction, we are impacting their civil liberties, and so we wanted to be very judicious in both the process that we utilized for purposes of putting someone on the injunction in the first place," Totten said.

"To those who have renounced their membership and are no longer involved in that lifestyle and are trying to be responsible, we want them to come forward... We've always said this is not a life sentence."

Oxnard Police Sgt. Neail Holland, who was a gang investigator when the injunctions were first implemented, said many "went into hiding" and withdrew from their activities almost immediately.

"It was as if they went off and disappeared for a brief period of time right after that announcement, but they eventually popped up again," Holland said. "One of the ways they would protest was through graffiti, and you would see things on walls that said, '(expletive) the injunction' or '(expletive) the cops.'

In a March 2004 declaration supporting the injunction against the Colonia Chiques, Holland wrote gang members -- many who were minors -- oftentimes carried out the more violent crimes, while older, or "O.G." members were involved in less violent criminal activities such as selling narcotics. Holland also detailed alleged ties between local gangs and the Mexican Mafia.

Frankie Guzman, a juvenile justice attorney with the National Center for Youth Law, remembers those early years of the gang injunctions differently.

The Oxnard native said he was in and out of the California Youth Authority as a teenager, but remembers being harassed by officers once the preliminary injunction was implemented. He would not say whether he was involved with gangs but said many of the youth arrested by police were neighbors or childhood friends.

Guzman, who grew up in the Rose Park area, recalled being stopped by officers and searched at stranger's front yards. He also said many people who lived in the primarily immigrant and low-income community of Colonia felt unfairly targeted, even residents who were not gang members.

"Oftentimes, young men who are deemed gang-involved are those who have serious disadvantages and live in poverty," said Guzman, who transferred from Oxnard College to UC Berkeley and later earned his law degree from UCLA. "Colonia was so under-resourced, undersupported but heavily policed. This created an environment where students had very little expectations for their lives.

"We were marginalized and treated as less than. It was not only an invasion of privacy, but on some levels, an invasion of your human dignity."

Francisco Romero, a community activist and Oxnard native, said community members were initially blindsided by the court orders.

"After the court approved the preliminary injunctions, we in the community knew what was next," said Romero, a vocal opponent of the injunctions. "We knew this would open the floodgates, and they would be able to serve the injunction to everyone that they could."

Romero attended the court hearings and formed a group -- Oxnard Chiques Community Coalition Organizing for Rights, Equity, Employment and Education. Their goal was to challenge the injunctions.

Romero, who now lives in Los Angeles, said a majority of those former gang members fled the county after the injunctions. Others who had no means to move were left to change their way of living.

"Many of them who were no longer active in the gangs felt like they were getting dragged back into the clutches of law enforcement," Romero said. "They couldn't be seen together or else they would be arrested. It definitely changed a lot of people's lives."

The Oxnard Police Department provided the age, race and gender of each person on the Colonia Chiques gang injunction as of July 2017. Each person's race was described as Hispanic.

'Opting Out'

Injunctions filed against the Colonia Chiques and the Southside Chiques gangs both include an "opt-out" provision. Up until April, the only way an individual could remove a name from the injunction list was through a review by the Oxnard Police gang unit team, prosecutors and a dismissal of the case, which is done by a judge, said Senior Deputy District Attorney Blake Heller.

Authorities must investigate whether the defendant has been inactive from the gang for at least five years, have no new gang tattoos and have employment for a year. The defendant also must declare he or she has renounced the gang life.

If the defendant passes all the criteria, Heller or Senior Deputy District Attorney Erin Meister file a motion in court to remove that person's name from the injunction list.

Under the new system, however, all identified Colonia and Southside gang members currently on the list will receive a letter explaining they can contest the injunction and request a civil case hearing.

"We are trying to keep up with the list as best as we can to make it really reflect who are still serious offenders and should be in the injunction versus guys who were included in 2008 but have since cut off all ties to the gang," Heller said.

Under the new process, those recently served with the injunction and individuals already on the list have 15 days to mail the notice back to the district attorney's office, stating their intention to challenge the allegation.

Since it is a civil case, defendants must find their own attorney or represent themselves if they cannot afford a lawyer. If the individual decides not to contest the injunction, the person could be subsequently arrested if he or she violates terms of the injunction 15 days from the date they were served, Heller said.

Heller said since April, he has received about 20 to 25 notices to appear in front of a judge and request removal from the injunction.

One man, who has been on the Colonia Chiques injunction list for the past 16 years, said he received the letter from the county District Attorney's Office about two months ago.

The Oxnard man, now in his late 30s, spoke to The Star but wanted to remain anonymous for fear of being harassed by authorities. At first, he was hesitant to respond to the letter, but after a long conversation with his wife, the Oxnard man decided that requesting a hearing would be the best way to finally get his name off the injunction.

The man was served with the injunction at age 21, but said he has not had any arrests or violations for more than a decade. He said once his children were born, he decided to "get his life together," but the injunction kept him back professionally.

"People make mistakes, and where we were grew up in Colonia, there were no programs to help us or provide us that guidance," he said.

Like him, some friends have left the life behind, but some are now in prison.

"For me, I've been doing things to improve my life, take care of my family ... but my past is still haunting me."

Under the injunction, if his children need milk or other groceries late at night, his wife has to make the trip because he cannot be outside the injunction safety zone after 10 p.m.

While he is still waiting for a response from the District Attorney's Office, the Oxnard man said he is hopeful that a judge would consider he is now a family man with a good job.

"I believe in God, and I pray that I will get out of (the injunction)," he said. "I have a lot to lose, and I am willing to show them all the progress I've made. I'm hoping this becomes my opportunity, and that I can finally move on and live my life in peace."

Lack of due process

Last October, the ACLU filed a federal lawsuit against the city of Los Angeles, Los Angeles Police Chief Charlie Beck, the Los Angeles Police Department and other officials that claim Peter Arellano, an Echo Park man, was served with a gang injunction without prior notice or a way to contest his inclusion.

Melanie Ochoa, an attorney with Southern California ACLU, said more than 9,000 individuals -- mostly men of color in Los Angeles -- have been included in gang injunctions and oftentimes without due process.

The Los Angeles City Attorney's Office charges defendants with contempt of court, which is a misdemeanor punishable by up to six months in jail and a fine of up to $1,000, ACLU officials wrote in their complaint.

"The criteria are so vague and general that they are able to sweep in so many people," Ochoa said. "It is unclear to us how many people are actually prosecuted for these alleged violations or whether they are just choosing individuals to harass within these neighborhoods. The city of Los Angeles never provides them with the information that they relied on to designate them as a gang member in the first place.

Ochoa said it can take years to be removed from the list. She said since some jurisdictions do not clearly outline their policies and do not readily provide evidence used by authorities, defendants are left without a way to fight the allegations.

While the federal case is making its way through the court system, a judge earlier this month ordered a temporary hold on the injunction against Arellano.

In their Dec. 16 response to the federal complaint, attorneys for the city of Los Angeles and other defendants wrote the city has served about 9,400 individuals but denied all allegations by the ACLU.

There are 46 gang injunctions in Los Angeles, according to court documents. By contrast, the Colonia Chiques and the Southside Chiques are the only gangs in Ventura County that have a restraining order against them.

Challenging allegations in court

Joseph Salas, of Port Hueneme, responded to his notice and had his chance to challenge the allegation that he is a member of the Southside Chiques.

Salas, who was already in county jail for other felony charges, appeared before Ventura County Superior Court Judge Kent Kellegrew on Aug. 21.

Heller told the court Salas, 18, was provided with a "gang packet" compiled by Oxnard police and other materials from the district attorney's office. The file includes evidence compiled by investigators detailing the person's alleged gang activities and prohibited behavior listed under the injunction.

Michael McManama, Oxnard police beat coordinator, testified that he saw Salas make arm gestures as he was in the Cuesta Del Mar neighborhood with other known gang members.

"I never crossed that block ... you have to check those cameras because I never walked through that block that day," said Salas who represented himself.

Oxnard Police gang investigator Jess Aragon testified Salas has been contacted by officers about 12 times during a one-month period, which was documented in the gang packet.

After additional testimony, Kellegrew found the prosecution met the burden of proof to include Salas in the Southside Chiques gang injunction. He remains in jail to face other criminal charges, including an alleged felony carjacking, kidnapping and second-degree robbery.

Lessons learned

While gang injunctions could be a "useful tool" in deterring crime, Oxnard law enforcement officials said it also should not be viewed as a "quick fix."

"I have told other agencies to have other sources in place and know how significant the problem is before you even think about a gang injunction," Holland said.

Despite the manpower and cost, he was confident the court order worked for Oxnard.

"I believe it's made a big difference over the years, but it's also hard to say because there are also other factors involved," Holland said. "If we did nothing, would it have gone away on its own?

"I'd like to say it's what we did that made a difference, but there are so many other factors in play, including the social structure of these criminal organizations in our city."

Guzman said sometimes going back and visiting the Oxnard neighborhoods where he grew up brings back mixed feelings.

The Oakland-based attorney said while he recognizes the steps former Police Chief Jeri Williams and current Chief Scott Whitney have taken to create an open dialogue between brass and community members, he said the injunctions have left a permanent scar for some in the community.

"If we invested in the community as much as we invest in policing the community ... by building more centers and places where people could get parenting classes, get help for mental issues they might be facing ... it would cost the fraction of the money and would benefit generations to come," Guzman said. "We need to stop that cycle of abuse and trauma."

Read part two, 'Effectiveness of Oxnard gang injunctions difficult to measure.'

What is a gang injunction?

* A gang injunction is a restraining order against a certain group in which their members' behaviors are deemed a public nuisance.

* The Ventura County District Attorney's Office filed a civil suit against two gangs in Oxnard, the Colonia Chiques and the Southside Chiques, in the early 2000s.

* Individuals named under the gang injunctions must abide by all laws and must comply with certain restrictions, including congregating with one another. They also must abide by a curfew within the injunction Safety Zone and cannot wear particular clothing representative of the gangs.

* Violation of the injunction is a misdemeanor and could be punishable by fines and up to a year in jail.

Read the gang injunctions, by clicking the links below.

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