Alleged Orange County Alley Boys Gangster: I'm Being Railroaded!

Alain Cruz murder oc mug .jpg
Cruz
Orange County's Alain Cruz is immensely frustrated that nobody in California's judicial system is listening to cries that he's been railroaded.

Cruz was involved in the January 2005 shooting death of a con artist who operated a stolen phone service operation.

But Cruz didn't shoot Melvin Liufau (AKA "Coco") and he says the shooter, Autumn Cruz (no relation) fired the fatal shot to Coco's back accidentally during an argument.

Police, prosecutors, jurors and several state judges refused to accept his version of events and the consequences have been dramatic for a man with no prior convictions: 51.5 years in prison.

The main reason nobody believes Cruz and the punishment so severe is simple. At the time of the crime, he was a member of criminal gang Alley Boys, according to police. 

On the streets, assumed gangsters win respect through fear, but in the criminal justice system they are commonly treated with utter contempt. Nothing they say is believed unless it suits government strategy and they are singled out for brutal punishments.

In this case, a police officer testified that Cruz was a member of Alley Boys and opined that the killing was done to enhance the street reputation of the gang.

But Cruz claims cops twisted the truth. He went to Coco's home with a gun-toting Autumn to frighten the con artist into giving Autumn a computer disk that contained personal information like her social security number. He didn't think the gun was loaded and Autumn's motive wasn't to rob or to kill, but only to block Coco from making her a victim in his phone scam, according to the defense version of events.

In 2008, the California Court of Appeal based in Santa Ana reviewed the conviction and sided with the government: this was a special circumstances killing in the commission of a robbery on behalf of a criminal organization.

Late last month, a federal judge considered Cruz's argument.

"There is no evidence that demonstrates that [I am] a gang member nor the crime was gang related," Cruz wrote in neat handwriting in his latest appeal from prison. "The People's whole case rests on a gang expert with a hypothetical opinion of [me] . . . [My] sentence constitutes cruel and unusual punishment."

But U.S. Magistrate Judge Jacqueline Chooljian determined that police labeling of Cruz as a gangster was accurate for several alleged facts from police files including: he knew the gang's hand sign, his brother was a member and he backed up the gang in prior physical disputes with other hoodlums.

To help determine if Cruz was a gang member like police alleged, Chooljian employed circular logic by stating that the defendant's "participation in the offenses charged in [this case]" makes him a gang member.

In other words, Chooljian--a former federal prosecutor--tested the accuracy of the police assertion that Cruz was a gang member, in part, by using the police assertion that that crime was gang related because Cruz was present.  

Therefore, according to the judge, it was clear to her that "this evidence amply demonstrated that petitioner was an active participant in the Alley Boys at the time of the offense."
 
Chooljian also declared that the punishment wasn't too tough.

On Nov. 30 inside the Ronald Reagan Federal Courthouse in Santa Ana, U.S. District Court Judge Andrew J. Guilford accepted Chooljian's findings and closed the case.

Upshot: Cruz, 30, will remain locked up in Corcoran State Prison. He won't be eligible for parole until he's in mid 70s.

For her role as the shooter, Autumn Cruz received a punishment of life in prison without the possibility for parole. The 27-year-old resides at the Central California Women's Facility in Chowchilla. 

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10 comments
rrl1965
rrl1965

It's things like this that make you hate the cops and the judges as much as you hate the gangbangers. The guy Cruz may be dirty, but the officials involved seem to have a very loose understanding of freedom, as well as, in Chooljian's case, logic.

nvnc2012
nvnc2012

Every encounter you have with REVENUE PRODUCERS of the
"State"...Document, Document, Document! So when you make it to "City
Court", to address the "City Judge" to defend yourself against the "City
Cop" that forced you there to begin with, you can have a"Fair
Trial"...Wait for it! www.Nvnc.org

Lajimmy
Lajimmy

FACT: A police officer is arrested everyday in America..... Yup, I believe the cops statement. 

santa
santa

Yogi your brothers a b***h. Jesse is a buster. Autumn Star has more balls then most of you. Man the fuck up do your time. It's puppet time.

714_rasta
714_rasta

@mrm519 you are correct I happen to personally know mr. cruz I grew up with him ,he was never part of any gangs, this really sucks he was just setup by the cops,

mrm519
mrm519

Cops do get away with manipulating cases just because of what they think they know or what they can get people to say because they threaten them and then it's so hard to get your case heard again even with factual evidence and witnesses!! I've been following this case and he wasn't a gang member nor did he have any previous criminal record. @anon, so unless you read the transcripts and were at the trial and know that things weren't handled correctly you shouldn't judge so quickly!!

x2lazyx
x2lazyx

wow thats a bunch a BS cops nowaday can say ne thing  and screw u over!! and no 1 will believe u 

lobotorreonense
lobotorreonense

@santa HEY FOOL,,STUPID ASS ,,KEEP YOUR DUMB ASS COMMENTS..AWAY FROM THE CRUZ FAMILY,I KNOW ALAIN CRUZ HE'S STAND UP GUY,A GOOD KID,YOU FUCK...HE is CAUGHT IN SOME LOW DIRTY POLICE POLITICS,,U KNW WHT, IM TAKIN ABOUT,AND IF U..GO OUT 2 THE BARRIO..EVERY BODY KNWS ,HE DID NOT TAKE..THAT LIFE..YOU FUCKEN KNW, WHO DID IT!!,,..RESPETA...,,,LIKE I SAY,STAY FUCK AWAY''''....

Anon
Anon

@x2lazyx Especially when they are a turd gangbanger

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