Four enter 'not guilty' plea in gang-related death of Kenneth Mose - D.A. presents gang overview

The four defendants accused of murdering Kenneth Mose on Jan. 11 entered pleas of “not guilty” at their preliminary hearing on July 8.

During the hearing, the various defense attorneys for Robert Cruz Ramos, 19, of Fallbrook; Salvador Lopez, Jr., 20 of Vista; and Enrique Sirildo Martinez, 23, and Gonzalo Ordonez, 32, of Fallbrook stated that their clients have had varying affiliations with the gang.

Assistant District Attorney Geoff Allard presented Luis Rudisell, an investigator with the district attorney’s office who works with various gang taskforces as an expert witness. Rudisell, who helped investigate the case, gave an overview of the Fallbrook street gang, known as the Varrio Fallbrook Locos (VFL). Specifically, Rudisell was able to explain the various affiliations individuals can have with the Hispanic street gangs in their community.

VFL activities include auto break-ins, thefts, witness intimidation, homicide, assault and drug trafficking, said Rudisell.

“A percentage of the drug money is then sent to the Mexican Mafia, a prison gang in Southern California,” explained Rudisell.

“Traditionally, these gangs are male-dominated, with three classifications,” he explained. “The first are the OGs, original gangsters, who have spent the most time in the gang. They can be anywhere from 18 to 40 years old, and are traditionally less active, involved in recruiting and reaping the benefits of the more active gang members.”

“Active gang members are ages 14 to 20 years old. I have seen members as young as 8,” continued Rudisell. “It depends on the family dynamics and the neighborhood. There are also peripheral members, who are not hard core – not willing to go to prison or commit gang crimes – but live in the neighborhood and want to be part of the gang. They provide moral support by providing transportation or backing up gang members.”

During cross examination, it was stated that Lopez had been contacted in Vista, on the turf of a rival gang, and had been wearing an “F” belt buckle, which Rudisell stated was indicative of his dedication to the VFLs.

“Lopez had the intestinal fortitude, the guts, to flash rival gang paraphernalia in another gang’s territory,” he explained.

Rudisell also stated that when an unknown individual walks into a territory of a gang, they are typically “checked,” or asked what their gang affiliation.

“If the person is a Hispanic male walking in Fallbrook gang territory, their chances of getting checked is high,” he said. “If the individual is a Black male, his chances are extremely high, since Fallbrook is not claimed by any African American gangs. The thing about Hispanic gangs is that there is an ongoing race war in the prison system between the blacks and Hispanics. That friction and conflict is carried out onto the streets.”

Depending on the answer given by the individual being checked determines the amount of violence the gang responds with.

“If someone says they do not claim a neighborhood, they will be okay, but if they give a city, they can be checked for it,” said Rudisell. “Some victims have gotten checked for saying what high school they go to.”

The violence coming from a check varies from being kicked, pummeled, stabbed, shot, hit with a baseball bat, or being shot. Usually, being checked by gang members involves two or more suspects attacking a single individual to intimidate them.

“We have heard several gang members say, ‘If you fight with the bean, you get the whole burrito,’” stated Rudisell. “It’s not a one-on-one fight; the gang will have higher numbers in their favor.”

During checks, a variety of tools and weapons are used.

Sharpened screw drivers are one of the most common weapons because of their convenience, said Rudisell. Pocket knives, firearms, table legs and skate boards are also used as weapons.

“In many investigations, the victims had no idea they were stabbed. It would be 10 to 15 seconds later that they realized they were bleeding,” said Rudisell. “Many homicides involved several stabs with a small instrument, which hit the right vital organs and caused the person to [die.]”

The VFLs claim the town of Fallbrook as its typical turf area, primarily the 200 block of Aviation Street, Alvarado and Main Streets. Two trailer parks in downtown Fallbrook are also known for having high populations of VFL members. Individuals who are from rival gangs entering the area or tagging the area would immediately show their disrespect for the gang.

“Respect is the most important thing in gang members’ lives. If a gang member is disrespected, he loses credibility,” said Rudisell. “Reciprocating is a way to get respect, and that means violence. This can be anything from giving the middle finger, tagging the territory of a rival gang, or walking in a gang’s neighborhood unchecked.”

Because Fallbrook is a significant distance between other communities, it is considered unique by detectives. However, transitory gang members from African American gangs are located on Camp Pendleton, and are aware of the racial tension between the Hispanic and black gangs.

“There has been an animosity between the VFLs and black gangs for three to four years, and some gang members have been picked on by African American gangs,” said Rudisell. “Ramos was victimized by suspected black gang members, and was shot in the head at Carls Jr. in Fallbrook. The suspects were not able to be identified because of Ramos’ lack of cooperation.”

Rudisell assisted in interviewing Ramos’ sister, brother, mother and girlfriend after the murder, and discovered that Ramos has been involved in a fight with a Native American who had been dating his sister.

The individual’s race may have been influence in why the fight occurred, as the VFLSs have had a history of tension with the Pala tribe members.

Rudisell was also quick to point out that the Fallbrook gang does not have only illegal immigrants as members.

“Oceanside’s gang is primarily illegal; Escondido’s gang is mostly fourth-generation Hispanics; and Fallbrook’s gang are mostly legal citizens, with some illegal aliens that are criminally prosecuted,” said Rudisell.

As a matter of fact, illegal immigrants are considered easy targets for the gang members.

“Being illegal forces individuals to not want to cooperate with police,” explained Rudisell. “There is a very high likelihood that they will not be reported because they do not want to be reported. Most of the time, they do not have bank accounts for lack of identification, and the gang knows the probability of them having their daily wages in their pocket is high.”

The gang has approximately 24 documented members in the system,” said Rudisell. “These are individuals identified as active gang members that have met a minimum of the set criteria used by local law enforcement to identify gang members. They are caught in gang-related crimes, frequenting gang areas, use a gang moniker, or associating with gang members.”

Rudisell also said that there are approximately 25 non-documented members of the gang, who were involved with approximately 12 to 20 robberies, and two to three checks with various levels of violence in the last year alone.

“These are individuals considered to be gang members, but have been flying under the radar or have not been caught yet,” he explained. “There are no set rules on gang membership, and the gang will overlook certain things if they can benefit from them.”

Older individuals or individuals who are not of the same race as the majority of the gang are uncommon, but are not unheard of.

“Many times, these people provide a place to sleep and party, or give alcohol or drugs,” said Rudisell. “They might have a house where no one has a probation or parole restrictions. I remember a case where the primary crash pad of a gang was an elderly female that allowed parties at her house.”

Rudisell stated that all of the defendants but Ordonez were known as documented gang members, though he stated he was a “facilitator” for the gang.

“Ordonez facilitated petty crimes, such as providing alcohol to minors and gang members. In return, he has protection from the gang,” said Rudisell, who spoke to Ordonez within two weeks of the murder. “Initially he downplayed his involvement [on the night of the murder], but it got to the point where he told us he had been drinking beer at his trailer, and had two gang members come up and drink with him.”

Ordonez told detectives that the three men had left to buy more beer, pick up a video game at a friend’s home, and then circled the parking lot. He also said that when the group saw Mose walking along the street, Ramos told him to duck under the bed of the truck, where he watched the rest of the suspects beat on Mose through an opening in the truck.

“Ordonez said he tried to stop them, but they continued to beat down on [Mose],” said Rudisell. “Ordonez said he fled back to his trailer, where one of the suspects joined him, removed his gloves, and asked to borrow a jacket.”

Rudisell also said that Martinez had been making punching and stabbing motions during the confrontation. When asked if any of the victim’s DNA would be found on him, Ordonez said that [Mose] fell on his foot when he tried to break up the fight.”

When asked specifically about any gang conversation that he heard during the confrontation, Ordonez said that he heard someone shouting “Fallbrook.”

“It is common for someone in gangs to yell out their gang name during crimes,” said Rudisell. “It is the standard, and is expected. The gang needs to get credit for the crime committed. It helps gangs with the recruiting process, and spreads their credibility among other gangs.”

Gang members also hope to instill fear in community members by shouting out their affiliations.

“That’s the sickness of gangs; they do things that normal people would not do. They do it because it’s different, and because it causes fear,” said Rudisell. “They know community members are not likely to cooperate with police, so they rule an area and commit crimes without being reported to police. As a matter of fact, it’s unusual to find a witness to come forward and say they saw something.”

The residents’ fear is what allows gangs to thrive and makes it easy to recruit new members, said Rudisell.

“Residents know that they have to watch themselves, as it is common knowledge that gang members arm themselves,” said Rudisell. “Gangs can only exist if residents are afraid of the gang and its numbers.”

Ordonez was “very familiar” with these elements of the VFL, and was fearful of his family’s safety if he were to go against the gang.

“Ordonez had been a witness in a homicide, and he believed that had placed him in danger because he was asked to testify,” said Rudisell. “He was placed in front of the defendant, and that was a concern because he lives and works in Fallbrook.”

Rudisell stated that someone like Ordonez has specific jobs that must be completed.

“It’s like a kid with a driver’s license in high school. They are willing to provide alcohol and dope, becoming popular with the gang,” he explained. “The biggest benefit is that they can feel safe in the neighborhood and get protection from the gang.”

In turn, the gang expects help in concealing members when they are running from the police and need a place to hide.

If a gang member or affiliate does not act accordingly to the gang’s expectations, consequences are severe. Several witnesses and family members of the suspects in court have been victimized, said Rudisell.

As the defense attorneys gave their defendants’ not guilty pleas, the judge determined that trial would begin on Sept. 7.