Limits on Modesto gang activities will stay

Deep South Side zone is permanent

By Leslie Albrecht
lalbrecht@modbee.com

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A Stanislaus County Superior Court judge on Thursday approved a permanent injunction against a street gang that officials say spreads violence and fear in south Modesto.

Judge John G. Whiteside issued a temporary version of the injunction in June. Gang members had a chance to challenge it, but none did. That cleared the way for Whiteside to make it permanent.

The injunction makes it illegal for 20 Deep South Side Norteño members to hang out together, wear gang colors, go out after 10 p.m. and engage in other gang-related activities inside a 2.5-square-mile area west of Crows Landing and south of the Tuol-umne River.

If a gang member is caught doing any of 14 banned behaviors inside the "safety zone," they're arrested for contempt of court. That's a misdemeanor that comes with six months of jail time.

By limiting who gang members can socialize with and when they're allowed to leave the house, law enforcement hopes to curb the gang's criminal activities. Officials say Deep South Side members are responsible for murders, drug dealing and drive-by shootings.

In June, Whiteside issued an order that gave the 20 gang member defendants a chance to contest the injunction at a hearing. Two defendants, Armando Parra and David Tubera, showed up to object. Whiteside told the men they must hire a lawyer or do some legal research so they can represent themselves.

Apparently neither man did that, and neither did anyone else targeted by the injunction. No one filed challenges to the temporary injunction lawsuit.

Thursday, Parra appeared in court again, as did Alex Mares, another man named as a defendant in the injunction. This time Parra wore a green-and-white-striped jail jumpsuit. He was arrested Monday in connection with a drive-by shooting inside the "safety zone." Mares has been in jail since November on a murder charge. The two men watched the proceedings but asked no questions.

Law enforcement agencies across California have used gang injunctions since the 1980s. The American Civil Liberties Union has challenged some, arguing that they give law enforcement too much power to harass young men, even those who aren't gang members.

Stanislaus County Undersheriff Bill Heyne said Modesto's gang injunction won't do that.

"It's not meant to give us broad, wide sweeping authority over anyone living in that area," Heyne said. "It's meant to target individuals who are identified gang members who have a criminal history."

Law enforcement officials have met with community groups inside the safety zone to explain how the injunction will work. One sheriff's deputy spends most of his time in the safety zone, Heyne said. The deputy will help enforce the injunction, Heyne said, but also work on community cleanups.

The public will play a key role in the injunction's success, Heyne said. "They become our eyes and ears," he said. "They need to be calling us, letting us know when gang members are congregating."

The district attorney's office named 20 Deep South Side members in the injunction lawsuit. Prosecutors can add other gang members to the injunction. Authorities said they believe the gang has more than 150 members and associates. Other gangs are not subject to the injunction.

Three people have been arrested in connection with the gang injunction. One was Parra; the other two were juveniles, said district attorney investigator Froilan Mariscal. One was charged with four counts of violating the injunction for staying out after curfew, being in the presence of alcohol, being in the presence of drugs and trespassing. The other was charged with violating the injunction for possession of a firearm, dressing in gang clothes and associating with gang members.

Bee staff writer Leslie Albrecht can be reached at lalbrecht@modbee.com or 578-2378.