EDITOR:
District Judge Dave Gamble needs to rethink his stance on gang sentencing after his recent sentencing of Miguel Rubio to five years probation for battery causing substantial bodily harm.
Being a retired gang intelligence detective from a Northern California police agency, the community, sheriff's office, district attorney's office and judges need to work together as a team to combat gangs. One of the true and tested solutions is to have a zero tolerance policy intact and use the gang enhancement law.
Judge Gamble "rejected a witness's testimony that seven years ago Rubio associated himself with the 'Bulldogs,' a Fresno, Calif., gang."
The Bulldogs are one of the most violent street gangs in Northern California. The History Channel has a segment on the "Gangland" series just on the history of the Fresno Bulldogs.
Judge Gamble stated that he determined that Rubio was "only a gang wannabe." In gang law enforcement intelligence-sharing meetings across the region, where different law enforcement agencies discuss gang information, trends, and tracking gang associates and members, the term for Rubio would in fact be a known Eastwood Tokers associate, not a wannabe.
Rubio was present and assisted a "known and admitted Eastwood Toker gang member" in a battery and robbery of two teenagers, in which the admitted gang member was sentenced by Judge Michael Gibbons to eight years in prison with a gang enhancement. Seven years ago, Rubio was an associate of the Fresno Bulldogs and now he is an associate of the Eastwood Tokers, not a wannabe.
A wannabe gang member is one who usually is not connected with any certain gang, but wants to pretend to be a full-fledged gang member by dressing and acting like one. An associate gang member is one who is either attempting to become a full-fledged gang member, wants to be "jumped into" the gang, a prospect, or someone who just hangs out with known gang members.
The Reno Regional Gang Unit has stated that "incarceration is also a deterrent because they know we are out there and they will get caught. That sends a strong message to gangs."
The prosecutor, Laurie Trotter, in Rubio's case also advised Judge Gamble that Rubio had "numerous misdemeanor charges for prior offenses and continues to violate court orders and probation."
Trotter also stated that "this act was very violent and should not be tolerated. Rubio's victim continues to feel shoulder pain."
If it walks like a duck, quacks like a duck, it probably is a duck.
Robert J. McGinley
Minden
