Transcript
Page 1: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 1

Echo Park Gang Injunction Hearing August 21st

Echo Park is about to join that unhappy group of over 50 Los Angeles communities, where gang activity has forced the city to resort to an effective, but sometimes controversial, tool to help control crime. Advancing a petition filed by his predecessor in office, City Attorney Mike Feuer will go before a Superior Court judge to enjoin members of the Big Top Locos, Crazys, Diamond Street Locos, Echo Park Locos, Frogtown and Head Hunters street gangs from criminal activity in a 3.8-square-mile "Safety Zone." These rival gangs have been feuding for many years, resulting in extensive graffiti, vandalism, aggravated assaults, shootings and murders. "Our residents have the right to all of our public areas, including Echo Park, free of gang crime and intimidation," stated former City Attorney Carmen Trutanich, when he filed the petition in June.

The "Gangs of Echo Park" were featured in a Los Angeles Magazine article by David Mark Simpson last month. " When a bunch of Frogtown members jump and rob a cyclist on the river path or a Diamond Street Loco misses his target and instead kills a 4-year-old, newcomers and longtime residents share anguish and frustration, but gangs have been in Echo Park for so long that for some residents who grew up in the neighborhood they are part of the fabric of the community," he wrote.

"The gangs are still here causing nightly heartbreak. They aren’t as flagrant as they once were. Among the reasons: the huge drop in crack use, intense gang intervention efforts by former gang members, and police strategies that include upping their presence."

Page 2: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 2

DIAMOND STREET LOCOS

The Diamond Street Locos made their first appearance in the Los Angeles Times in 1973—as victims: An unarmed 17-year-old kid, an alleged Diamond Street member, was shot dead by a school security guard at Belmont High School in Westlake. The kid had been suspended from Belmont but returned to the school and an altercation with the guard ensued. The security guard was transferred but kept his job, sparking Chicano activists to organize walkouts.

By 1979 the gang was committing “rat pack” assaults, in which 35 to 40 members would quickly attack, for example, a group of guards outside a Downtown Bank of America. The gang’s leader, a 19-year-old named Juan “Fat Johnny” Contreras, was arrested during one of the assaults and sentenced in the early 1980s.

In 1980 Diamond Street and a few other gangs made an unlikely ally: the neighborhood’s gay community. In the late ‘70s, gay men were victims of hate-fueled attacks by gang members. Gay community activists reached out to gang leaders and Diamond Street responded, ultimately joining forces to help organize the Sunset Junction Street Fair, which was successful for more than 30 years (until 2011 when organizers filed for bankruptcy).

These warm-fuzzy fairs didn’t stop Diamond Street members from driving out to Santa Ana to murder members of a rival gang, F Troop, several times throughout the ‘80s. Or from killing an Echo Park 4-year-old with a stray bullet.

The proposed Safety Zone is bound by the Los Angeles River to the north, the Harbor (110) Freeway to the east, First Street to the South and North Coronado Street to the west. The targeted area includes the newly renovated Echo Park Lake. The petition asks for standard gang injunction provisions, including prohibiting association with other gang members in public, intimidating or harassing members of the community, possessing firearms or narcotics, or consuming alcohol in public. If granted, the order would complement existing gang injunctions in the Rampart area and in at least four dozen other communities of Los Angeles. A hearing is scheduled for August 21st in Superior Court.

Page 3: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 3

ECHO PARK LOCOS

Echo Park Locos have dominated the neighborhood for decades. They are so embedded in the community that the line between organized criminals and civic leaders often blurs. This was probably most apparent in 2009 when Eric Zamarripa was murdered.

An Echo Park Loco shot Zamarripa, a leader of the same gang, in front of his home on Baxter Street. Eastsider LA ran an interesting profile and the police held a public meeting to discuss his death. The public response portion of the meeting (also covered by Eastsider) was tense, with racial, anti-gentrification, and anti-gang undertones. Zamarripa was characterized as both a community leader and a creep. He was a family man who hosted big block parties at his home. He was also allegedly leading a gang responsible for violence and drug crimes in the neighborhood.

FROGTOWN

This old school gang takes its name from the antiquated slang for the riverside Elysian Valley section of Echo Park, where thousands of frogs used to croak from the banks of the river. In the early ‘90s Frogtown residents started referring to the neighborhood as Elysian Valley to avoid the damning association with the gang, according to the Los Angeles Times.

Today Frogtown’s gang name is losing its edge; residents are starting to call it Frogtown again and the Frogtown Artwalk gets about as much press as the gang these days.

BIG TOP LOCOS

The Big Top Locos were first mentioned in the Los Angeles Times in the late ‘80s and have been tied to some recent shootings. Little else is known about them. Big Top Locos was also the name of a music festival held in the summers of 1994 and 1995, featuring Rage Against the Machine lead singer Zach De La Rocha. The event was meant to support children affected by political revolution that occurred in the Mexican state of Chiapas. It’s unclear if the gang and the festival are or were related, but the name is pretty unique.

THE HEAD HUNTERS

Of the six gangs named in the injunction, The Head Hunters are best at staying under the radar. However the gang made news in 2008 when one member allegedly fired shots at a man he believed had called the police on the gang.

THE CRAZYS

Unlike the other gangs on this list, The Crazys have a large gang history throughout the city of Los Angeles. Their Echo Park connection includes some initiation assaults on Sunset and Alvarado and a tagging war they waged against the Echo Park Locos in 2010.

Page 4: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 4

Feuer Says He Supports Echo Park Area Gang Injunction The city attorney discussed his priorities at Tuesdays GEPENC meeting. During the Greater Echo Park Elysian Neighborhood Council meeting Tuesday, City Attorney Mike Feuer shared some of his priorities for his upcoming term. He wants to revitalize the neighborhood prosecutor program. This is a program where members of the city attorney’s office work with members of the neighborhoods to identify problems where an intervention of the law could help. He also said he wants to work with the LAUSD to make pathways to schools safer crack down on gun violence and “be a leader in managing risk in the City.” During a short question and answer period, Feuer was asked his opinion on the gang injunction sought by his predecessor, Carmen Trutanich. The injunction creates a safe zone that covers approximately 3.8 miles and includes Echo Park, Elysian Valley and parts of Silver Lake. It covers six gangs and precludes them from congregating or otherwise associating in public areas. A court hearing for the injunction will be held on August 21, the Eastsider LA reported. Feuer said while he supports the gang injunction, he considers it an “important ingredient among many other ingredients. You’ll see me focused on prevention, intervention and suppression.” Feuer supports an avenue for gang members to get out of the gangs. That will give opportunities to former members who are actively working to get out by doing things like removing tattoos or getting job training. “It doesn’t mean looking the other way or being soft on people who do bad things but saying there is a carrot as well as a stick,” he said Most of his priorities will not be met without cooperation from the City Council. Over the last three years, Feuer said his staff was cut from 1,000 to 827 and he will need support from the City Council to gain additional personnel to supplement for things like the Neighborhood Prosecutor Program. “The budget was just enacted and it’s not a budget if you change it all the time, but I do need to have some flexibility,” Feuer said. “I had no responsibility for the budget I had and I hope people are receptive to some modest expansion.“ The injunction, which would apply to an approximately four-square mile area that includes Echo Park, Elysian Valley and portions of Silver Lake, was proposed in mid June by former City Attorney Carmen Trutanich during his final days in office. The injunction, if approved, would prohibit about 300 gang members from associating with each other in public, possessing firearms and narcotics as well as intimidating or harassing residents within a nearly four-square-mile “safety zone.” An August 21 court hearing has been scheduled for the injunction. The gang injunction had generated some opposition by residents who have raised the issue at recent gatherings. Feuer, who spoke at Tuesday night’s meeting of the Greater Echo Park Elysian Neighborhood Council, said that gang injunctions have been controversial but have also served as one of many important tools for combatting gang violence. When asked if he would support the proposed Echo Park gang injunction, Feuer, a former City Councilman and state legislator, said he had not yet had time to analyze the specifics of the gang injunction that he “inherited” from Trutanich. “I support the concept,” Feuer said. “I am going to be looking at [the Echo Park injunction] with care. In general I have supported the limited use of injunctions.” In addition to crafting an effective gang injunction, Feuer said there needs to be an “avenue” to allow persons covered by the injunction to be able to be remove themselves from the court order by providing evidence that they were abandoning gang life, such as removing gang tattoos and enrolling in a job training program. (Click here for a copy of the 15-page proposed injunction.) http://www.atty.lacity.org/stellent/groups/elected officials/@atty_contributor/documents/contributor_web_content/lacityp_025845.were.pdf

Page 5: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 5

Los Angeles is the gang capital of the United States. It’s also the first city to introduce controversial antigang tactic: the gang injunction.

The gang injunction—a civil suit filed by law enforcement requesting a special set of prohibitions for gang members (associating with one another in public, for example)—came into existence on July 22, 1982, when the Los Angeles city attorney and the Los Angeles Police Department obtained a temporary restraining order against three gangs: Dogtown, Primera, and 62nd Street East Coast Crips.

In previous years, according to Matthew D. O’Deane’s book Gang Injunctions and Abatement, Los Angeles gangs had been the targets of situs abatements, lawsuits that held people accountable for illegal activity occurring on the property they owned and focused on known drug dealing locations. These situs abatements are considered precursors to the gang injunction; July 22, 1982, was the first time a gang had been sued as an unincorporated association. The first injunction was relatively benign, focusing on gang graffiti.

In 1987, the city attorney and the LAPD obtained a more extensive gang injunction against the Playboy Gangster Crips. The suit was the first to attempt to prohibit gang members from wearing gang clothing and associating with one another. The boundaries of the injunction were broadly defined as anywhere within the City of Los Angeles. The American Civil Liberties Union challenged the injunction, which led a judge to reduce its scope to a few blocks and strike certain controversial prohibitions.

Page 6: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 6

Since 1982, use of the legal tactic has spread to other parts of the country. The scope of individual gang injunctions expands and contracts with every legal battle, but on the whole they have grown.

Today there are more than 44 permanent gang injunctions in Los Angeles placed on 72 gangs. Some of the injunctions prohibit known gang members from traveling in vehicles together, standing together, or even possessing cell phones (certain exceptions apply) inside of the judge-approved areas mapped out by the LAPD or city attorney.

Citing crime numbers, the city attorney claims the injunctions have been successful in reducing gang-related crime. Other organizations, like the ACLU, have pointed to data suggesting that the injunctions have had little or no impact on gang crimes. Organizations like the NAACP continue to challenge the injunctions’ constitutionality.

This map, published on the Los Angeles Police Department Web site, depicts all of the areas currently approved for gang injunctions. The targeted gangs are sometimes noted, but often a selected area includes several groups. A list of individual gangs and their injunctions is available here:

http://atty.lacity.org/our_office/criminaldivision/ganginjunctions/index.htm

Gangs aren’t just less openly hostile to one another, though. They’re less specialized than they used to be, too. In the 1980s, the Rollin 60s and Rollin 90s were infamous for brazen bank robberies. Inglewood Family Bloods did “smash and grabs” at jewelry stores. The Bounty Hunters, operating out of Nickerson Gardens, robbed motorists along Imperial Highway on an hourly basis. In Boyle Heights, Big Hazard from Ramona Gardens earned a reputation for their convenient “drive-ins,” where customers copped drugs without leaving their cars. Home invasions? They were a trademark of Asian gangs. But these days “there’s no secrets in the gang world,” says Cleamon “Big Evil” Johnson, who led the 89 Family Bloods and won an appeal in 2011 after spending 14 years on death row and is now in county jail awaiting retrial. “When other gangs heard that someone was doing good with a crime, they’d be on it, too.” That said, no gang can do credit card or medical fraud like Armenian Power (I’d recommend paying cash at a 99 Cents-Only store). The Avenues have a notorious specialty as well: The region’s preeminent gangster racists, they’re known for trying to rid Highland Park of blacks through intimidation and murder. But no matter how heinous the Avenues’ crimes, for sheer violence Highland Park can’t compare to the LAPD’s Southeast Division, which encompasses Green Meadows and Watts, among other neighborhoods. During the first four months of this year, there were 16 killings in 11 of the LAPD’s 21 divisions. Sources for this report include Los Angeles Magazine, Eastsider LA and the City Attorney's Office.

Page 7: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 7

Page 8: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 8

Page 9: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 9

Page 10: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 10

Page 11: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 11

Page 12: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 12

Page 13: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 13

Page 14: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 14

Page 15: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 15

Page 16: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 16

Page 17: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 17

Page 18: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 18

Page 19: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 19

Page 20: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 20

Page 21: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 21

Page 22: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 22

Rampart Gang Injunction - 16 Years Later Rampart is a gateway for Latino and Asian-American immigrant populations since the 1960s. There is high turnover in the area, with a flow of immigrants coming to the area and leaving once they become more established. Some parts of Rampart have experienced significant demographic changes over time. For example, in the mid-1900s there was a shift in Westlake District (the area surrounding MacArthur Park, originally named Westlake Park), as Jewish and white residents began leaving the area. This was followed by an influx of poor residents who needed to relocate after an urban renewal project made living in their former community infeasible. Immigrant groups in Rampart throughout the 20th century included Filipinos, Mexicans, Asians, Salvadorans, and Guatemalans. In the 1980s and 1990s, this area was known for high rates of crime and drug sales. Following riots and police corruption charges in the early 1990s, the area underwent revitalization and redevelopment (e.g., the MacArthur Park Revitalization Campaign and the Westlake Theater restoration in the early 2000s). There is a higher concentration of indigenous Latin American migrants in Rampart than in Los Angeles County, with estimates that 63 percent of residents are Latino, 26 percent are Asian-American, and 5 percent are African-American. The dominant ethnic groups in our community include Mexicans, Salvadorans, and Guatemalans, who are well represented in Westlake with two neighborhood councils and many cultural celebrations. Many immigrant rights/advancement organizations also have their offices here. Slightly less than a third (28 percent) of the population are under age 18, and men in the 20–39 age group outnumber women in the same age category by about 5 percent. A large percentage of Rampart residents are self-employed in unlicensed, unregulated occupations such as street vending, swap meets, and day laboring. Approximately 11 percent of the residents are unemployed, over half of all residents do not have a high school diploma, and approximately a third of all adults in the area have not completed 9th grade. Rampart also has high poverty rates, with approximately a third of all residents living at or below the poverty line. Rampart residents are typically young families with school-age children, and almost all of the housing structures in Rampart are apartment units. Although the median rent is lower in the zone than in Los Angeles County generally, there is still not sufficient affordable housing. Rampart Police Senior Lead Officers reported that there are 20 to 30 active multigenerational gangs in the greater Westlake area. The most violent are the 18th Street and MS-13. The most active gang hotspot is around Belmont High School, which residents refer to as “Belmont Yards.” MS-13 has a rivalry with every other gang in the Rampart area. Founded in the 1980s in the Pico Union neighborhood, they are known for being transnational. This gang claims territory in the Hoover Street area (between 3rd and James Wood Boulevard) and the main hot spots are: Rampart and 3rd Street, the 500 block of South Benton Way, 7th Street and Berendo, 8th Street and Leeward, 7th Street and Catalina Street, and San Marino Street and Catalina Street and along 8th Street and Wilshire Boulevard. This gang was formed in Los Angeles but expanded internationally as gang members were deported. Returning to their home countries after deportation, gang members founded new factions. Today there are believed to be 70,000 Mara Salvatrucha members worldwide. Perhaps their most heinous crime was in

Page 23: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 23

2004, when a group of MS-13 members shot up a bus in Honduras, killing 28 civilians. While the shooting itself didn’t take place in Los Angeles, several of the shooters and organizers were tied to, living in, or locked up in L.A. One of their notorious members is David Rivera, aka Gerber Alfaro Bonilla, aka Herbert Alfaro, who was placed on the U.S. Immigration and Customs Enforcement’s Most Wanted list in 2005 in connection with a string of Los Angeles murders. ICE agents and the LAPD captured him in 2008. Divisions of the 18th Street group include Shatto Park and Columbia Street Lil Cycos. Shatto Park has an estimated 50 members and is reported to claim the territory around the Shatto Recreation Center. In addition to the recreation center, the other hot spots for Shatto Park include Vermont and 3rd Street. Columbia Street Lil Cycos has 113 members. and claims territory around Bonnie Brae and 3rd Street. A second notable hotspot includes 3rd and Miramar Streets. Although 18th Street currently recruits only Latinos, the gang has a history of recruiting across racial groups, which accounts for high recruitment rates since the mid-1960s. Columbia Lil Cycos originated on Columbia Avenue, next to the present new Rampart Police Station, in 1985. They are known for running their gang like an East Coast organized crime ring. Gang members charged dealers and vendors a tax for anything sold within their territory. They laundered money and bought houses in the suburbs. An FBI official once said that the Lil Cycos “were held up in the gang community as examples of how to do business.”

One of their "notorious members is Francisco “Puppet” Martinez, who was locked up in 1994, but he ran the Lil Cycos from prison for many years (and perhaps still does). He’s ordered hits on numerous gang members, including Juan “Termite” Lopez Romero. The letter from prison to the hit man said to "fumigate the termite." Romero, whom Martinez suspected was speaking to the FBI, was shot several times but survived. Later it was revealed that there was no rat; the FBI was using a wiretap. Martinez’s lawyer, Isaac Guillen, was recently locked up after it was revealed he was collecting and laundering money on Martinez’s behalf. There were several notable shoot-outs in the early ’90s, when the Lil Cycos were shoring up their MacArthur Park turf, but perhaps the most high-profile shooting occurred in 2007, when an 18-year-old accidentally shot and killed a three-week-old baby. The Lil Cycos member had been ordered to take out a MacArthur Park vendor who had refused to pay the gang a tax for using its territory. The shooting led to major indictments and ultimately brought down four high-ranking members of the gang. Rockwood has 174 known members. It began in late 1970s as a football team and break dancers, and most of their gang activity took place in the “Belmont Yards.” Also a multi-generational gang, Rockwood’s largest clique claims territory on Witmer Street between 3rd Street and 8th Street. Hot spots include the 300 block of Westmoreland, 6th and Union, Crown Hill and Loma Drive. Rockwood has rivalries with all other gangs in the area except Krazy Town (one of their own cliques). The Crazy Riders (CRS or Crazy Riders 13) got their start in MacArthur Park in the mid 80s, and have a high-profile rivalry with the 18th Street Gang. In November 1989, a turf war between the Crazy Riders (then 150 members strong) and the 18th Street gang climaxed in a series of shoot-outs. Two weeks after the gang-related drive-by murder of a 17-year-old, a 24-hour-long battle took place. Two were killed, six were injured, and a pregnant 16-year-old was shot in the abdomen. Ismael Alejandro Campos appears on the LAPD’s most recent Most Wanted list for a murder committed a block from the southeast corner of the park in 2004. Campos allegedly shot and killed another Crazy Rider following a verbal dispute.

Page 24: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 24

Other gangs that are reported as active in the area include Witmer Street 13, Krazy Town (KTO; a clique of Rockwood), Barrio Vista Rifa (BVR; associated with Temple Street), and Hartford Street (associated with Witmer Street 13). There are also several tagging crews locally, including Wicked Crazy Salvatruchos (WCS), Puro Mara Little Salvatruchas (PMLS), Maryland Criminals (MLK), Bombing Out Crews (BOC), Always Bombing Streets (ABS), Against the Government (ATG), and Pico Union Grafters (PUG). Crime reports determined that over half (57 percent) of all victims of violence in the Rampart area were under 25 years old, which leads to the conclusion that youth are the main target of violent crimes in this community. Gangs in Rampart are heavily involved in drug sales, have had an increasing rate of incarceration in the past few decades, have an increasingly well-defined structure, and are visible in the community—especially in terms of intimidation and manipulation tactics. Recruitment for new members begins as early as fifth grade, and tagging crews are linked to and protected by Rampart gangs. In addition to danger, violence, and extortion, the local gangs have also had a negative effect on other aspects of the community due to reactions from law enforcement. For example, a gang-related violent killing triggered police sweeps, which shut down the local street vending job market. However, local area police report that gang crime has been characterized by periodic spikes and declines associated with local events, such as a former gang member being released from prison into the community. Overall, homicides have declined recently, while street robberies have increased. The police also feel that a lot of strides have been recently made recently to solve gang-related problems, but gang intimidation of residents still seems to be an issue. Although the use of civil injunctions to meet criminal justice objectives is novel, the injunction strategy incorporates elements that are common to other recent law enforcement interventions, including place-based or “hotspot” enforcement strategies, community policing, and interagency cooperation. In Los Angeles, more than 40 injunctions have been imposed since 1987. At least a dozen have been imposed since 1997. San Jose, San Diego, San Antonio, Houston, and Phoenix have recently implemented gang injunctions as well. One of the oft-asked questions is whether the injunctions reduce reported crime in the target areas and whether the injunctions cause spillovers. Opponents of the injunctions argue that they are likely to merely displace gang activities, leading to increases in the level of crime outside the target areas that could offset any decreases within them. The injunctions are civil actions that prohibit specifically named individuals from engaging in particular activities within a clearly defined target area. The prohibited activities typically include a mix of activities already forbidden by law, such as selling drugs or committing vandalism, and otherwise legal activities, such as publicly associating with other gang members named in the suit. Once an injunction is imposed, prosecutors can pursue violations of the injunction in either civil or criminal court. The maximum penalty for civil contempt is a $1,000 fine and 5 days in jail. The maximum penalty under criminal prosecution is a $1,000 fine and 6 months in jail. Although civil procedures result in less stringent penalties, they have the advantage (as viewed by prosecutors) that their penalties can be imposed without criminal due process. As an action in civil court, an injunction begins with a petition to the court for relief from the public nuisance caused by specific gang members. In order to be successful, the petition must establish that particular individuals are indeed responsible for creating a public nuisance. Typically, prosecutors use two sources of evidence to make their case. The first comes from sworn statements made by residents of the community. The inhabitants of gang-infested areas often witness criminal acts, such as drug dealing and assaults. Although such acts may go unreported at the time, later reports often provide useful evidence in

Page 25: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 25

civil court, especially when they are corroborated by a number of residents independently or when reports of separate incidents tend to implicate the same gang members repeatedly. As useful as they are, however, declarations by residents are often difficult for prosecutors to obtain. Residents are often fearful of retaliation by the gang and may have little faith in the commitment or ability of the prosecutor’s office to do much about their neighborhood’s gang problem. For this reason, the process of developing the complaint can be quite time-consuming, often taking several months as prosecutors organize neighborhood residents and gain their cooperation. The other source of evidence used to develop the complaint comes from police officers and informants. Like residents, police are often aware of crimes committed by particular gang members. Undercover informants, in particular, often have extensive intelligence on gang members’ activities. Even evidence that is inadmissible in a criminal proceeding may be useful in a civil lawsuit. When prosecutors file the complaint with the court, the intelligence provided by police and community members becomes known to the gang members, because prosecutors must serve each defendant with a copy of the complaint in order to include them in the lawsuit. This means that, at the time the complaint is filed, the defendants learn from the prosecutors much about what the prosecutors know about them. Since much of this information concerns crimes for which the defendant has not been arrested, let alone criminally prosecuted, this revelation of intelligence may come as a surprise to the defendant and reveal that his activities are being closely monitored. It may well raise the defendant’s sense of exposure to being criminally prosecuted for acts that he had believed to have gone undetected. Thus, it seems likely that the injunctions deter crime primarily by raising the gang member’s perceived probability of apprehension. Once the prosecutor’s complaint is filed, the court sets a date for a hearing, which typically occurs 1–3 months after the complaint is filed. At most hearings, the court has issued the injunction largely as requested. In many cases, however, the judge has struck the names of one or more defendants from the complaint, either because they had not been served with papers or because of evidence that the defendants in question were not associated with the gang. In a few cases, the judge has also modified the terms of the injunction. Once issued, the conditions of the injunction become effective as soon as prosecutors can serve the defendants with a copy of the injunction order. Although defendants are under no obligation to appear at the civil hearing, many do. Thus, the injunctions begin to be legally binding as soon as the court makes its decision. Trials to make the preliminary injunction permanent occur much later. Although in principle an injunction could be reversed at trial, in practice every lawsuit that has come to trial in Los Angeles County has resulted in a permanent injunction. Unfortunately, what happens once the preliminary injunction is issued is hard to assess. There is no systematic evidence on enforcement efforts since police are not required to track arrests that are made for violations of the injunctions. Anecdotal evidence provided by prosecutors suggests that enforcement levels vary among the injunctions but that, in many cases, the level of police patrols changes little in response to the injunctions. It's difficult to determine whether the effects of the injunction are due to increased enforcement or simply due to the imposition of the injunction and the revelation of police intelligence that it entails. It is also impossible to estimate whether the effectiveness of the injunctions increases with the level of police enforcement activity.

Page 26: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 26

Gang injunctions are essential instruments for modern law enforcement. Used properly, a gang injunction can help a community take back its streets. However, wielded as a hammer rather than a scalpel, an injunction can do more harm than good -- alienating innocent citizens from the officers who are sworn to protect them and eviscerating citizen's civil rights. Defined by California law as anything that is "injurious to health,... or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property." (Cal. Civ. Code § 3479), bullets from drive-by shootings, murals of profane graffiti, and daily shakedowns from gang "tax collectors" certainly fit the bill as nuisances. The judge who considered the 1987 lawsuit agreed that the gang's activities amounted to a public nuisance, yet he refused to give prosecutors the full injunction they sought. The judge merely enjoined the 18th Streeters from committing illegal acts that amounted to a nuisance-ordering the gang to desist from trespassing, damaging others' property, urinating on the street, and littering. The judge denied the prosecutors' request to prohibit the gang from wearing gang clothing, associating with one another, and being out after curfew, finding that these prohibitions were "overbroad in content" and "far, far overreaching." (See, Christopher S. Yoo, The Constitutionality of Enjoining Criminal Street Gangs as Public Nuisances, 89 Nw. U. L. Rev. 212, 217-18 (1994).) This was a hollow victory. The reason an injunction is so desirable for law enforcement is that the police do not have the resources to pursue gang members when they commit bona fide crimes. If innocent activity is enjoined, police have a much easier time detecting such conduct. The police can then arrest the gang members for violating the injunction, and the prosecutor can charge the members with contempt of court-a misdemeanor carrying up to six months in jail and a fine of up to $1,000 under California Penal Code section 166. Another tremendous advantage of an injunction on innocent activity is that it gives officers added reasons to detain individuals to investigate serious crimes. If an officer stops and searches a person without reasonable suspicion that he or she has committed a crime, evidence seized from the person, such as a gun or drugs, must be suppressed under the Fourth Amendment. (See, In re Tony C., 21 Cal. 3d 888, 893 (1978).) So long as an officer has reason to believe that the person committed some crime, it is irrelevant that the offense is used as a pretext to detain and search the person to uncover a greater or different crime. (Whren v. U.S., 517 U.S. 806 (1996).) Stops for gang clothing thus justify uncovering possession for sale of cocaine-and being out during curfew may yield sawed-off shotguns. Responding to the argument that barring gang members from meeting in public violates the First Amendment right to freedom of association, the State Supreme Court concluded in a case against a San Jose gang member that such meetings do not enjoy constitutional protection. The court found that gang members associating with one another in public were not akin to associations with "intrinsic" or "intimate" value, such as marriages or family, and they are also not directed toward pursuing any legitimate "political, social, economic, educational, religious [or] cultural ends." (Acuna, 14 Cal. 4th at 1110-11.) Following Acuna, very few avenues of attack were left for defendants ensnared by an injunction and this ruling eliminated virtually all challenges. The contempt of court charge is a criminal action, meaning the defendant enjoys the right to appointed counsel if he or she is indigent. However, the initial filing occurs in civil court: The gang-abatement public nuisance action is a civil proceeding. The general rule is that indigents are given lawyers only to defend against criminal charges (See, Gideon v. Wainwright, 372 U.S. 335 (1963). Indigent defendants are thus not provided lawyers at the civil injunction phase, meaning that when prosecutors and investigators file their proof that the gang is a nuisance and that the individuals served with the action are gang members, the

Page 27: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 27

defendants either fail to appear for the lawsuit or respond in court that their rights are being violated. When L.A. prosecutors sued the 18th Street Gang in 1998, defendants argued that the proceedings were unlawful because they were not provided lawyers, despite the "civil" label given to the lawsuit. The court of appeal in Iraheta v. Superior Court (70 Cal. App. 4th 1500 (1999) disagreed. Iraheta held that the right to appointed counsel is limited to proceedings that place a defendant in immediate danger of the loss of physical liberty. The court reasoned that although violating the gang injunction can result in jail, this is a future consequence that does not entitle the defendant to counsel at the injunction stage. The court further found that there was no need for lawyers because there is "little risk that the procedures will lead to an erroneous decision" at the injunction stage. (Iraheta, 70 Cal. App. 4th at 1512.) However, even when an injunction succeeds in lowering an area's crime rate, which seems to be an accepted fact here in Los Angeles, if the injunction is not accompanied by efforts to foster an understanding between area residents and the officers, the very community members the injunction is in place to protect can turn against the police and treat them as an occupying force. This is a real possibility if innocent people who happen to share a gang's ethnicity or fashion preferences are targeted by police due to the injunction. Judges who issue injunctions readily recognize that they must be alert that the anti-gang measures not be used to discriminate against people based on their race or color. According to Father Gregory Boyle, a Jesuit priest and executive director of Jobs for a Future/ Homeboy Industries, a nonprofit organization aimed at rehabilitating ex-gang members, there are three essential components of any effective anti-gang strategy: prevention, intervention, and enforcement. "You prevent kids from joining gangs by offering after-school programs, sports, mentoring, and positive engagement with adults. You intervene with gang members by offering alternatives and employment to help redirect their lives. You deal with areas of high gang crime activity with real community policing." (Gregory J. Boyle, "Gang Bill Panders to Irrational Fear," Los Angeles Times, Dec. 18, 2003.) A gang injunction will likely be most successful when used as part of a comprehensive gang-eradication strategy. Provided that the gang injunction is accompanied by outreach efforts and an investment in a neighborhood's infrastructure, an injunction can turn the tide in a neighborhood's war against gangs. Additional sources include the Daily Journal, The Subaltern.com, Justice Policy Institute, The Effects of Civil Gang Injunctions (Univ. of Chicago) and "Politics in the Street" (Los Angeles Weekly) This report for the Westlake North Neighborhood Council (August 9, 2013) has been prepared in support of the Echo Park gang injunction, which hearing is scheduled in Superior Court on August 21, 2013. [email protected] Secretary, Westlake (North and South) Neighborhood Councils

Page 28: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 28

The MacArthur Park Revitalization Project -- a Success Story of Police and Community Outreach Mac Arthur Park is a 32-acre public park located in the heart of one of the most criminally active areas of Los Angeles. Historically, the park has hosted an amalgam of crimes ranging from acts of violence to quality of life issues. Due to the criminal activity and the pervasive blight in and around the park, residents avoided visiting their own park. At night, the park and streetlights did not operate thus creating an environment conducive to gang and narcotic activity. Structures in the surrounding area were targets for vandalism and other criminal acts. Graffiti was prominent within the park including the children's play area. Throughout the years, gang members and narcotics dealers eventually took-over the park. This resulted in a sense of resignation and helplessness from local residents, area merchants and park visitors. Environmental design also played a significant role in the deplorable conditions of the park. Trees and shrubbery were overgrown and unsecured alcoves and stairwells served as housing for transients and as hiding locations for criminals. For many local residents and merchants, Mac Arthur Park was an "unsolvable situation." In July of 1997, the Los Angeles Police Department's (LAPD) Rampart Area began a Community Policing project targeting Mac Arthur Park. The project's goal was to improve the quality of life in and around the park.

ANALYSIS In order to obtain a clear and objective perspective on the situation and to explore possible solutions, several brainstorming sessions were held between the Area Senior Lead Officer, Area patrol officers, Area Command Staff and community members.

Page 29: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 29

Macarthur park is too big, crowded, and profitable for a single street gang to control. So for many years a détente of sorts has existed that allows three or four gangs to run the drug trade—nowadays mostly meth—in a park that in the 1990s saw several killings a year. Northwest Corner The Wanderers had a presence in the northwest portion of the park, but this less-trafficked area has been taken over in recent years by cliques of the Mara Salvatrucha, aka MS13. Southwest Corner Running the quadrant at 7th and Park View streets, the MacArthur Park Locos and the Rampart Locos are factions of MS13, the gang whose members are as well known—and feared—for their face-covering tattoos as for their violence. Northeast Corner The busiest section of the park, by 6th and Alvarado streets, has long been the bastion of the Columbia Lil Cycos, a clique of the 18th Street Gang. Though 18th Street is considered L.A.’s largest gang, with as many as 15,000 members, it’s actually an amalgam of 20 cliques. Southeast Corner The Crazy Riders, a mix of mainly Mexicans and Central Americans but also some blacks and whites, control the park’s southeast section. Far smaller than MS13, they began as a group of guys who played American football in the park. The officer who spearheaded the project used knowledge obtained during the LAPD's Community-Police Problem Solving (C-PPS) training course to analyze the problem. The officer employed strategies provided by the class such as utilizing a Department recognized problem solving process and developing contacts with outside organizations for assistance in dealing with the specialized needs of this complex problem. Based upon the severity of the crime in the targeted area, Rampart Area officers determined that a multi-agency approach was the most effective response to this problem. RESPONSE Through the combined efforts of the LAPD, outside agencies and community members, a problem-solving strategy to combat crime was implemented. Through numerous foot beats, bicycle patrol and increased patrols in the area, the officers developed a rapport with the local residents, park visitors and area merchants who in turn shared valuable information regarding the park and the surrounding community. Various agencies worked with the LAPD and community members to remove graffiti, improve the environmental design and mitigate narcotics and gang activity. Public education was also a key element in the problem solving process. In addition, a strategic plan was developed to circumvent gang involvement through early intervention of school children and to educate the community on the importance of neighborhood unity. As a means of responding to the strategic plan, children were encouraged to join Jeopardy, an LAPD at-risk youth program and the Law Enforcement Explorer Program, a youth mentoring program affiliated with the Boys Scouts of America. At the onset of the project, officers analyzed crime reports and the lack of reports being made. The query was directed toward the neighborhood residents, business owners, and community members who frequent the park, in order to identify specific problems that were not captured by Rampart Area's Crime Analysis Detail. The findings revealed that graffiti, gangs, violent crimes, and narcotics sales and use were the primary concerns of the community. Officers established a rapport with the community by having booths at community events held in MacArthur Park, providing Drug Abuse Resistance Education (D.A.R.E.) items, bicycle safety, and offering finger printing and photo's for the children. As residents began to believe in the sincerity of the Los Angeles Police Department, they provided information regarding their community.

Page 30: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 30

Detectives continuously monitored the specific targeted location for all crimes of violence and gang activity. They established a liaison with the United States District Attorney's office and the Los Angeles City Attorney's office for special handling of prosecution cases from the targeted area. The detectives maintained contact with victims and witnesses to ensure that no intimidation occurred from the defendant's associates. Patrol officers actively sought out concerned residents and gave them information regarding neighborhood watch programs. Officers also contacted apartment owners about placing no trespassing notices on their properties. Members of Juvenile Division, Rampart Juvenile Car Unit, and Rampart Youth Center were also contacted for information regarding after school activities for youth to steer them away from gang activity. Electricians from the Department of Recreation and Parks devised a system to prevent vandalism to the electrical outlets of light standards. They also replaced bulbs and increased the wattage of light standards in problem locations. Floodlights were also installed in locations where there was no existing light. The Senior Gardener for' the Department of Recreation and Parks assisted with the maintenance of park grounds and increased the number of trash receptacles in the park. In addition, a large number of trees and shrubbery were cut back to increase visibility for public safety reasons. The Supervisor in charge of the Metropolitan Region, Department of Recreation and Parks was consulted on logistical concerns of the Los Angeles Police Department. It was requested that the playground be cemented to prevent dealers from hiding their narcotics in the sandbox and requested was that construction of the new restroom be designed to prevent vice activities. Also requested the removal of several port-a-potties that were placed in the park, due to health concerns. ASSESSMENT Within the first year a gang injunction was implemented targeting 92 violent career criminals there were 180 gang members arrested for various violations, 709 narcotics arrest and 865 quality of life arrests (i.e., illegal vendors, urinating in public, open alcohol containers, drunkenness in public, etc.). Though there is still gang and narcotics related problems hi the area, they have been reduced significantly. Overall, crime in the target area has decreased approximately 24 percent. Officers who have been involved in this effort now comment on the notable decrease in crime. The true indicator of the project's success is evident by the increase in visitors to the park. The once barren children's play area is now bustling with children laughing and playing as their parents' watch. Weekends and holidays bring families with picnic baskets ready to enjoy the now clean grounds. An occasional park event draws people from throughout the Rampart community. The dramatic improvement in the park's condition and increase in families enjoying the park is sending a clear message to the criminal element that crime and intimidation will no longer be tolerated in Mac Arthur Park. {Prepared for the Westlake Neighborhood Councils - August 2013] Sources include Evaluation of the Los Angeles Gang Reduction by the Urban Institute and Los Angeles Magazine

Page 31: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 31

Gang Reduction and Enforcement Initiatives [Revised for the Westlake Neighborhood Councils August 8, 2013]

In response to an increase in gang related crimes, the Los Angeles Police Department (LAPD) identified a number of important, wide-ranging initiatives, which have been implemented, in cooperation with the local neighborhood councils, which are designed to significantly reduce the incidence of gang crime. This effort is a comprehensive, multi-faceted approach that navigates the entire criminal justice continuum. Some of the most prominent initiative enforcement features are summarized in this document and are listed below:

ABOUT GANG INJUNCTIONS

There are currently 45 active injunctions in the city involving 72 gangs. A gang injunction is a restraining order against a group. It is a civil suit that seeks a court order declaring the gang’s public behavior a nuisance and asking for special rules directed toward it’s activity. Injunctions can address the neighborhood’s gang problem before it reaches the level of felony crime activity. Gang injunctions have a clearly demonstrable positive affect on the neighborhood area covered. Some have had a remarkable effect. In smaller areas, gang nuisance activity can be permanently removed. In larger areas, with gangs entrenched for years, the gang’s hold on the area can be reduced and maintained with a small team of law enforcement officers. Anecdotal evidence is fully supportive; residents continue to ask for the period of peace a gang injunction can provide.

EFFECTS OF GANG INVOLVEMENT

Gang membership exacts a terrible toll from the lives of all who contact the member. Parents and relatives of gang members live in a double fear; for their own safety and that of the other non-gang family members and, a fear for the survival of their gang member relative. Non-gang member friends are cast aside and soon the youth’s only friends are gang members.

Gang membership, although a temporary phase for some youths, will shape the individual’s future. All levels of formal education are discarded because they counter the gangs’ objectives. Gang members not killed or seriously injured often develop patterns of alcohol and narcotics abuse, and extensive police records that will limit their employment opportunities.

GANG AWARENESS

Street gangs in Los Angeles are described as a group of individuals who may or may not claim control over a certain territory in the community and engage, either individually or collectively, in violent or other forms of illegal behavior. However, one of the simplest and most functional definitions is that a gang is a group of people who form an allegiance for a common purpose and engage in violent, unlawful, or criminal activity. Although few gangs have a form of leadership, most do not have a formal organization and have as a leader, the strongest or most active member. The gang has a name, claims a particular territory or neighborhood and directs its criminal activity towards rival gangs and the general population in the form of robberies, assaults and narcotics sales.

Gang members in Los Angeles do not fit the movie image in which they are portrayed fulfilling specific roles in the gang such as president or enforcer and wearing gang jackets similar to those worn by many car clubs having rigid structures. Rather, leadership roles in street gangs are normally not formally recognized positions. They are usually assumed by a member who demonstrates or asserts dominant control at a particular incident or for a limited time thereafter. With smaller gangs, however, it is more likely that a single individual will become a recognized leader.

Many gangs adopt names that have significance when related to their neighborhoods (street names, hills, valleys, housing projects, and occasionally regional names). Some gangs are generally further divided into cliques. A clique will usually have its own name. Once in a particular clique, the member will remain in that clique throughout his gang career. The clique may change or alter its name as it matures but the same individuals tend to remain in close association with one another.

Page 32: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 32

Most gang members adopt nicknames when recruited into the group if they do not already have one. The gang tends to select a name that fits the individual’s physical or psychological characteristics. A gang member called "Slice," for example, may get his name from his skill in handling a knife.

GANG RELATED LAWS

Fighting crime and dealing with violent gang members are best left to experts trained in handling dangerous situations.

The California Street Terrorism Enforcement and Prevention (STEP) Act eradicates criminal gang conduct by focusing upon patterns of criminal gang activity and the organized nature of street gangs. Penal Code §186.22 provides that:

Participation in a criminal street gang with knowledge that its members engage in criminal activity is punishable as either a misdemeanor or felony.

Conviction for a crime or public offense which was committed to promote or assist in criminal conduct by gang members is punished by an additional term in county jail or state prison.

A building or place used by gang members for the purpose of the commission of specified offenses will be considered nuisance, which shall be enjoined, abated and prevented, and for which damages may be recovered, whether it is in a public or a private place.

Firearms. Effective January 1, 1992, any firearm, its ammunition, or any deadly or dangerous weapon owned or possessed by a member of a criminal street gang to commit specified offenses may be confiscated by any law enforcement agency or peace officer, Penal Code, §186.22a(e).

Drive-by Shootings. An additional and consecutive punishment of five years in state prison shall be prescribed for any gang related drive-by shooting, specifically:

Shooting at an occupied motor vehicle. Any person who is convicted of a felony or an attempted felony, in which that person discharged a firearm which caused great bodily injury or death.

Shooting from a motor vehicle. Any person who with intent to inflict great bodily injury or death, inflicts great bodily injury or death, as a result of discharging a firearm in the commission of a felony or attempted felony and who is convicted of the felony or attempted felony, Penal Code, §12022.55 (b)(1) and (c).

Anti-Graffiti Laws. It is a misdemeanor for any person to sell, give or in any way furnish to a minor any aerosol container of paint that can be used to deface property. It is also a misdemeanor for any person under the age of 18 years to purchase an aerosol container of paint, which can be used to deface property, Penal Code, §594.1.

CRIMINAL GANG HOMICIDE GROUP A recent LAPD initiative brought together over 120 of the most experienced and ambitious homicide and gang detectives in the City. A staff officer at the rank of Police Commander was selected as the commanding officer and is currently overseeing and developing the architecture of this entity. This innovative organization will focus exclusively on gang-related murders and attempted murders. Discussions with the following agencies have yielded strong commitments from them to provide resources to this group: * Los Angeles Sheriff's Department (LASD) * Office of the District Attorney (DA) * Federal Bureau of Investigation (FBI) * Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) * County Probation * Community Gang Intervention Specialists

Page 33: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 33

DESIGNATION OF THE DEPARTMENT GANG COORDINATOR

Coordination with the Office of the Mayor and other partner agencies and community groups has been achieved by the designation of the Commanding Officer, Detective Bureau, as the Department Gang Coordinator (DGC). This executive-level police official is already in place and will be responsible for bringing continuity, cohesion and consistency to the Department's overall gang reduction strategy. Additionally, the DGC is responsible for providing solution-based strategies designed to drive our gang initiative agenda.

PLACEMENT OF L. A. GANG MEMBERS ON THE FBI'S "TEN MOST WANTED LIST"

The LAPD recently identified a Los Angeles (LA) area gang member whose name was provided to the FBI for placement on the FBI's Ten Most Wanted List. The placement of criminal fugitives from LA represents the Department's intention to arrest, prosecute, and incarcerate the most notorious gang criminals in this region. Upon the capture of that gang member, the name of another local gang member who meets the FBI criteria for placement on the list will be provided to the FBI.

IDENTIFICATION OF THE CITY'S "TOP TARGETED STREET GANGS"

Previously, law enforcement officials did not divulge the names of individual gangs who were involved in crimes because of a widely held perception that doing so elevated the criminals' influence and standing in the gang community. This new strategy abandons the earlier posture and challenges these menaces by exposing their corrosive behavior to the scrutiny of a more informed and confident community.

IMPLEMENTATION OF THE "COMMUNITY SAFETY OPERATIONS CENTER"

Previously, law enforcement officials did not divulge the names of individual gangs who were involved in crimes because of a widely held perception that doing so elevated the criminals' influence and standing in the gang community. This new strategy abandons the earlier posture and challenges these menaces by exposing their corrosive behavior to the scrutiny of a more informed and confident community.

PATROL PROLIFERATION STRATEGY

This proliferation strategy allows patrol officers (with appropriate training and oversight) to engage in the enforcement of civil injunctions and the service of arrest warrants on which gang members are named. This initiative is designed to take full advantage of the LAPD field force and dramatically increase LAPD's ability to protect law-abiding citizens.

As a result of numerous assaults committed by the 204th Street gang, including racially motivated homicides, the 204th Street gang was targeted for enforcement action using a number of strategies previously outlined in this document. The primary goal is to protect law-abiding citizens from crimes motivated by prejudice, while easing tensions in the community.

GANG ABATEMENT LEGISLATION As still another strategic dimension of our scholastic approach to regulate gang violence, our Department has submitted to local and State policymakers for consideration, recommendations for comprehensive and thoughtful gang abatement legislation that will enhance the ability of law enforcement agencies in this State to address indiscriminate acts of gang violence and conditions that perpetuate them. This effort is intended to solidify our resolve to dismantle the very notion of criminal street gangs within the borders of this City and beyond.

CONVERGENCE OF LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES Unprecedented partnerships have been established with the following agencies: * LASD * FBI * ATF * Drug Enforcement Administration

Page 34: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 34

* State Parole * County Probation * LA Unified School District Police * Local Municipal Police Departments

COMMUNITY AWARENESS BULLETINS Gangs create fear in the communities through violent acts and by manipulating the community's lack of understanding and awareness of the resources and tools that are available to them to thwart this growing menace. The LAPD will soon distribute mailers and other media in an effort to enlighten our community partners and cultivate their consciousness concerning the things they must do to sustain their sense of neighborhood independence.

LOS ANGELES POLICE DEPARTMENT TOP TARGETED STREET GANGS:

1. 18th Street Westside (Southwest Area) 2. 204th Street (Harbor Area) 3. Avenues (Northeast Area) 4. Black P-Stones (Southwest, Wilshire Areas) 5. Canoga Park Alabama (West Valley Area) 6. Grape Street Crips (Southeast Area) 7. La Mirada Locos (Rampart, Northeast Areas) 8. Mara Salvatrucha (Rampart, Hollywood, and Wilshire Areas) 9. Rollin 40s (Southwest Area) 10. Rollin 30s Harlem Crips (Southwest Area) 11. Rolling 60s (77th Area)

COMMUNITY SYMPOSIUMS ON GANG AWARENESS Each Operations Bureau commanding officer will coordinate and convene special educational seminars in various regions of their command, designed to heighten the community's awareness of gang cultures and trends. Groups that will have an opportunity to participate in these special learning institutes will include: * Neighborhood Councils * Community-Police Advisory Boards * Community Police Academy Graduates * Clergy Councils Members * Faith and Civic Leaders * Public and Private School Principals and Administrators * Specialist Reserves * Other Community Stakeholders

DEPARTMENT GOALS

1. Achieve a 5% Reduction in Total Part 1 Crime 2. Achieve Full Compliance with the Consent Decree 3. Increase Counter Terrorism Preparedness 4. Achieve Recruitment Goals

GANG CAPITAL OF NATION

The County and City of Los Angeles are the “gang capital” of the nation. There are more than 450 active gangs in the City of Los Angeles. Many of these gangs have been in existence for over 50 years. These gangs have a combined membership of over 45,000 individuals.

Gang membership in Los Angeles has continued to increase over the past five years even though there have been periodic crime decreases. One of the major factors contributing to increased gangs, gang membership and violence has been the lucrative narcotics trade, with rival gangs vying for the greatest market share.

Page 35: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 35

Gangs are not a new phenomenon. During the last three years, there were over 16,398 verified violent gang crimes in the City of Los Angeles. These include 491 homicides, nearly 7,047 felony assaults, approximately 5,518 robberies and just under 98 rapes. Here is a list of additional links, some of which are included in this report:

Introduction to Gangs Gang Awareness How Are Gangs Identified What Gangs Do Why Gang Graffiti is Dangerous Pre-teens and Gangs - Telltale Signs Why Young People Join Gangs Effects of Gang Involvement Prevention - What You and Your Neighbors Can Do Gang Related Laws Gang Statistics by Month Additional Resources

HOW GANGS ARE IDENTIFIED

Most gang members are proud of their gang and freely admit their membership. Many display tattoos openly and dress in a style identifying their particular gang. Their personal belongings are frequently covered with graffiti and bear the gang’s logo and the member’s gang name.

Many individuals on the fringe of gang involvement are reluctant to identify themselves as gang members. They often state that their friends are gang members but they are not. However, rival gang members, shooting from a speeding car, do not make a distinction between a gang member and his associates.

Gangs share common characteristics such as the wearing of distinct clothing or using particular hand signs or signals. Although details will vary, the following overview provides general information about the identification of gang members (if outside the city of Los Angeles, check with your local law enforcement agency for current information):

Graffiti. Gangs use graffiti to identify themselves and mark their gang’s "turf" or territory. They also use it to advertise the gang’s status or power and to declare their own allegiance to the gang. The graffiti may include the gang’s name, a member’s nickname, a declaration of loyalty, threats against rival gangs or a description of criminal acts in which the gang has been involved.

Gangs frequently gather in dark areas to avoid being seen. In these locations they will often drink, use narcotics, and deface property with graffiti.

Clothing. The uniform of Hispanic gangs is standard and easily recognizable. Most gang members adopt a basic style that includes white T-shirts, thin belts, baggy pants with split cuffs, a black or blue knit cap (beanie) or a bandana tied around the forehead similar to a sweat band.

Black gang members are individualistic in their dress. Black gangs tend to identify themselves by adopting certain colors. The "Crips" identify themselves with the colors of blue or black or a combination of the two. "Blood" gangs generally use red accessories, such as caps or bandanas, to identify themselves.

While clothing alone cannot positively determine membership in a street gang, color and style serve to identify each gang. Green can either mean the gang member is declaring neutrality for the moment or is a drug dealer. Black is worn by some Hispanic gangs and Heavy Metal Anglo gangs. Other common gang colors include brown or purple.

Note: Some gangs are starting to change their clothing style by no longer wearing their colors in an effort to deceive law enforcement and conceal their gang affiliation.

Gang clothing styles can be easily detected because of the specific way gang members wear their clothing. Examples are preferences for wearing baggy or "sagging" pants or having baseball caps turned at an angle. Gang

Page 36: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 36

members often prefer particular brands of shoes, pants or shirts. For example, some gangs like to wear plaid shirts in either blue, brown, black or red. These shirts are worn loosely and untucked. Gang graffiti, symbols, messages or gang names can be written or embroidered on jackets, pants and baseball caps. Other identifying items include belt buckles with the gangs initials, key chains, starter jackets (team jackets), and red or blue bandannas commonly called "rags".

Excessive amounts of dark clothing or a predominance of one-color outfits, white T-shirts and levis with upturned cuffs are also indicators of possible gang involvement.

Jewelry. May be expensive or cheap, but the gaudy type is preferred. Examples are heavy gold rope chains, earrings and other large rings.

Weapons. These can include shaven-down baseball bats, sections of pipe taped at the ends, spiked wrist bands, mace, knives, or semi-automatic firearms such as an "Uzi", "AK-47", or "MAC 10."

Other signs that youngsters may have joined gangs include crude and elaborate tattoos, females wearing heavy eye make-up and dark lipstick, fingernails painted a certain color, certain undergarments, gang-colored shoelaces in their athletic shoes and specific hairstyles (such as shaving their heads bald, hair nets, rollers or braids).

INTRODUCTION TO GANGS

Violence is inherent in gang activity. Anybody in the area is fair game, including men, women and children. Once, gang members used chains, knives and an occasional homemade "zip gun." They now use shotguns, automatic rifles, handguns and explosives. Once, victims of gang violence were rival gang members. Now they are often innocent bystanders killed or injured by stray bullets. Certain gang-infested neighborhoods are frighteningly similar to a war zone.

According to the Los Angeles Police Department’s (LAPD) gang statistics for the month of February 1998, there are 407 criminal street gangs in the City with a total membership of 65,271. In the month of March 1998, statistics reflected an increase of gang membership of 242 bringing the total to 65,513.

Gangs exist in urban areas, and more recently even in the rural areas as well. They number well over a quarter million youths throughout the country. In Los Angeles County their violent acts claim an average of one life a day. It is a lamentable fact that in our society there is such a ready and easily obtainable supply of firearms. This, coupled with the availability of drugs, including alcohol, leads to much of the impulsive violence that occurs. Consequently, within the ranks of gang members, there are youth who run the gamut from pranksters to vandals to armed robbers to murderers! It is also worth mentioning that movies, videos, and even fashions in our society often seem to glamorize youth rebellion and gangster lifestyle.

Gangs members participate in a variety of anti-social behaviors, including battery, mayhem, sexual assault, damage to property, larceny, murder, gang wars and other criminal activity.

Gangs often form along ethnic and racial lines, although there is an increasing trend of young people joining gangs for economic motives. Gangs differ sub-culturally in their behavior. For example, homicides among Latino gangs are often near-ritual exhibitions of manhood, where in contrast Black gangs typically fight over drug trade transactions, pay-offs, unmet expectations and similar "business" disappointments. Asian gangs’ crimes consist of extortion and home invasion robberies.

KEEPING KIDS OUT OF GANGS

The most fruitful strategies for dealing with gangs are those which emphasize prevention and intervention. The Los Angeles Police Department’s (LAPD) Jeopardy Program, established in 1988, attempts to prevent rebellious or disruptive juveniles from becoming involved in gangs. This program is designed to redirect young people at risk. It addresses adolescents who fall into the "wanna-be" category and other peripherals including younger sibling of gang members. School officials, parents and community organizations or businesses, in conjuction with LAPD, seek to balance the odds that youths in a gang dominated neighborhood will find an alternative to gangs.

Page 37: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 37

Community Law Enforcement Area Recovery (C.L.E.A.R.), launched in November 1996, as part of the President’s Anti-Gang Initiative (AGI) funded by the Office of Community Oriented Policing Services (COPS) of the Department of Justice. The C.L.E.A.R. program is designed to coordinate the strategies and co-locate the resources of participating agencies to combat gang crime in Los Angeles. During the first six months that the C.L.E.A.R. program was fully operational, gang related violent crime decreased by 39 percent in the targeted area, and 35 percent in the surrounding neighborhoods. Due to the program’s success, it is anticipated that by 1998, two additional target areas will be implemented.

Gang Resistance Education And Training (G.R.E.A.T.) Program is another tool that can be used to enhance community policing efforts by combining classroom instruction with the talents and experience of Federal, State and local law enforcement personnel who address issues relating to violent crimes and street gangs. The curriculum is taught by certified/sworn, uniformed police officers and Federal agents to elementary, junior high and middle school children. The design and intent of the G.R.E.A.T. Program is to decrease gang and youth violence across the nation. Included within the G.R.E.A.T. curriculum are many optional and extended activities which reinforce classroom instruction. Both the police officer and teacher work together to reduce gang and youth violence in the school and the community.

The Office of the City Attorney formed a Gang Unit in 1986 to combat street-gang crime. The unit is headquartered in the City Hall East, with deputies also assigned to the various other offices of the Criminal Branch. The Gang Unit is responsible for securing civil injunctions against targeted gangs and enforcing them by means of civil and criminal sanctions. The Unit is also responsible for the vertical prosecution of cases involving targeted gang members and taggers. Gang Unit attorneys participate in community forums and public hearings to advise on policies and procedures affecting gang violence. Unit attorneys train and advise law enforcement agencies in the investigation of matters handled by the Unit.

For more information, the following publications are available from the California Attorney General’s Office, Department of Justice:

Organized Crime in California, 1996: an Annual Report to the Legislature. Click above for information or write to:

Public Inquiry Office of the Attorney General P. O. Box 944255 Sacramento, CA 94244-2550

Crack Down on Gangs! For information write to:

Crime Prevention Center Office of the Attorney General P.O. Box 944255 Sacramento, CA 94244-2550

Law in the School, a guide for California teachers, parents and students. Crime Prevention Center publication outlines the roles of educators, law enforcement officers, parents and others in dealing with campus crime or disciplinary problems at school. It cites relevant statutes and case law. For ordering information and current price, contact:

Department of General Services Publications Section P. O. Box 1015 North Highlands, CA 95660

JEOPARDY PROGRAM

The Jeopardy Program is a gang prevention/intervention program for boys and girls ages 8 through 17 and their parents. Jeopardy combines the strength of the community, neighborhood schools and the police department to effect positive, lifelong attitudinal changes in the young people so as to have a positive impact on the community.

Page 38: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 38

Jeopardy targets "at risk" children, offering a variety of educational and physical projects, from tutoring to martial arts. The goals of the Jeopardy Program are:

Decrease truancy Improve grades Increase graduation rates Improve self-esteem Decrease the risk of gang involvement Improve conflict resolution and other life-affirming skills Improve and demonstrate goal-setting skills Improve reading and writing Decrease violent and other inappropriate behavior

The Jeopardy Program Works by:

1. Identifying the children that need help 2. Notifying their parents and holding a family interview 3. Referring families to local community counseling agencies 4. Holding monthly family seminars 5. Offering alternative activities to be selected by each child 6. Monitoring the children monthly for at least one year

How You Can Become Involved

The Los Angeles Police Department’s Jeopardy Program is dedicated to helping children avoid a life of crime and gangs. As a community, we must realize that the continually growing gang problem is not going to disappear on its own. The children of our community need to know that there are alternatives to gangs; places where they can belong, meet new friends, feel safe and develop physically and mentally. These young people need to know that there are concerned adults who will care about them now and in the future. Here are some things that you can do to help:

Volunteer your time as a tutor, sports coach, fund-raiser or class instructor (computers, crafts, photography, etc.)

Donate equipment such as tables, chairs, chalkboards, art supplies, books, sports equipment, computers, printers, video games, televisions, pens and pencils, notebooks, paper, board games and puzzles

Offer a job to a young man or woman involved in the Jeopardy program Contribute funding to be used to further the solid and effective work of the Jeopardy Program

TELLTALE SIGNS OF GANG INVOLVEMENT

Gang involvement can begin as early as elementary school. Children as young as seven or eight years of age have been recruited to work in criminal street gangs.

Many parents and educators are unaware that children are involved in gang activity.

Parents and educators should watch for signs that their children and pupils might be involved with gang activity. There should be noticeable changes in the young person’s behavior or activities. Early warning signs include:

Experimental drug use Decline in school grades Truancy Unwillingness to attend family gatherings or share regular meals Change of friends Rebellious behavior at school and home Poor family bonding Keeping late hours Having large sums of money or new expensive items which cannot be explained.

Page 39: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 39

Telltale signs of gang involvement are:

Gang graffiti in their bedroom on items such as books, posters and bedroom walls Wearing gang clothing or gang colors Excessive swearing or cursing Using hand signals to communicate with "friends", other gang members Having photos showing gang names, gang slogans, gang insignia or gang activities Disclosure of gang membership Witnesses connecting the young person to gang activity Initiation activities – "rites of passage" Contact with law enforcement and/or probation officers May carry hidden weapons

Once in the gang, the child’s behavior may change either suddenly or gradually by:

Adopting a defiant attitude toward authority figures, (may be expressed by violent behavior at school or home)

Wearing gang clothing Lacking motivation and having no future aspirations Fighting others to gain a reputation of being "bad"

Not all gang members are obvious in their dress or manner. Asian gangs, for example, are not immediately recognizable by their attire. Also, they may not display gang characteristics while in school. They are respectful to staff, do not disrupt activities, do not drop out of school and maintain their grades. In such cases, gang affiliation is often not known until a criminal incident occurs.

WHAT GANGS DO

It is not practical to catalog all actions committed by criminal street gangs. In fact, many gang activities are frequently shared by a large portion of society. But, when a gang is involved in a weekend party, a fund-raising car wash, or even a family or neighborhood picnic, the potential for violence and criminal activity is far greater than for any other group of people. Gang members seek confrontations with rivals and the resulting violence often claims innocent victims.

While gang violence often makes headlines, it creates even more damage on a regular basis to local property and businesses. Vandalism, in the form of graffiti and the wanton destruction of public and private property, is often done in furtherance of a gang’s reputation. This form of vandalism is a problem that impacts our City in a variety of ways. Without question, it decreases property values in residential neighborhoods and negatively affects industrial and commercial areas.

Abandoned houses are a favorite target for vandalism, but even occupied homes may not escape gang tyranny. Local businesses suffer not only from property damage and graffiti, but also from loss of customers and employees. Businesses facing decreasing revenue and rising insurance costs close their doors, leaving behind yet another abandoned building for the gang. However, the majority of residents in the gang area who are unable to move away, live in fear.

Gangs thrive on intimidation and notoriety. They find violence not only glamorous but also necessary in establishing their reputation as a gang to be feared. Gang activities are designed to entice many youths to view drinking, drug use, creating disorder, and vandalizing property as a form of fun. Partying, getting high, bullying people, and robbing designated targets are just part of the merriment and amusement. In essence, pro-gang attitudes are related to breaking the law.

The "drive-by" shooting is the most frequent violent crime committed by gangs. Members from one gang will seek out the homes, vehicles or hang-outs of a rival gang and, using an assortment of weapons, will drive by and shoot at members of that gang. Usually, the gang member will yell out the gang name or a slogan so the attacked gang will know who was responsible.

Page 40: Echo Park Gang Injunction Hearing August 21st Injunction 40-page Report_August 2013.pdf · Gang Injunction Wednesday August 21 2013 2 DIAMOND STREET LOCOS The Diamond Street Locos

Gang Injunction Wednesday August 21 2013 40

Although most gangs are formed along racial or ethnic lines, violence between gangs is normally intra-racial.

WHY GANG GRAFFITI IS DANGEROUS

The purpose of gang graffiti is to glorify the gang. Gang graffiti is meant to create a sense of intimidation and may increase the sense of fear within a neighborhood. Gang members use graffiti to mark their territory or turf, declare their allegiance to the gang, advertise a gang’s status or power, and to challenge rivals. Graffiti is used to communicate messages between gangs using codes with common meaning.

Of greater concern is the inherent violence associated with gang graffiti. When a neighborhood is marked with graffiti indicating territorial dominance, the entire area and its inhabitants become targets for violence. Anyone in the street or in their home is fair game for drive-by attacks by rival gang members. A rival gang identifies everyone in a neighborhood as a potential threat. Consequently, innocent residents are often subjected to gang violence by the mere presence of graffiti in their neighborhood. Click here for information on removing graffiti.

Additional Resources

City of Los Angeles, Office of Community Beautification Overview The Office of Community Beautification (OCB) serves as a resource for community improvement programs throughout Los Angeles. OCB programs are designed to empower neighborhoods and community groups. By utilizing OCB services, participants improve their environment while building partnerships with the City of Los Angeles. Graffiti Removal Forms Click here to access the On-line Graffiti Removal Service Request Form

WHY YOUNG PEOPLE JOIN GANGS

Gang members join a gang by either committing a crime or undergoing an initiation procedure wherein they are beaten by fellow gang members to test their courage and fighting ability. Their motivations for joining the gang are varied, but usually fall within one of the following:

Identity or Recognition - Being part of a gang allows the gang member to achieve a level of status he/she feels impossible outside the gang culture.

Protection - many members join because they live in the gang area and are, therefore, subject to violence by rival gangs. Joining guarantees support in case of attack and retaliation for transgressions.

Fellowship and Brotherhood - To the majority of gang members, the gang functions as an extension of the family and may provide companionship lacking in the gang member’s home environment. Many older brothers and relatives belong, or have belonged to the gang.

Intimidation - Some members are forced to join if their membership will contribute to the gang’s criminal activity. Some join to intimidate others in the community not involved in gang activity.

Criminal Activity - Some join a gang to engage in narcotics activity and benefit from the group’s profits and protection.

Unfortunately, few youths realize the hazards associated with gang involvement. In many cases, parents are unaware of their children’s gang activity and are unable to intervene until it’s too late.

Source: LAPDonLine.org


Top Related