SkyDogCon 2 09 Gangs and the Use of Technology Carter Smith

Abstract

Technology advances have changed the way the average American communicates, plans his or her day, shops, drives, and does many other things. Technology has changed the way criminals, specifically gang members, live their lives as well. As gangs evolve, many adopt more of a business model. How does that affect the way law enforcement should investigate them?

You will get an overview of criminal communications options, actions, and interactions followed by a discussion of how law enforcement – mostly gang cops – can and do respond. Ideas on how to engage, assist, or even thwart the detection of such activity will be provided.  The use of metaphors to explain how technology functions often helps the not-so-literate grasp the concepts we will discuss – an impromptu brainstorming session on how that works will likely occur.

Presenter Bio

Carter F. Smith usually presents to groups that are wearing or sitting on badges. In his day job he is an Assistant Professor of Criminal Justice & Homeland Security in the Department of Public Management and Criminal Justice at the Internationally-renowned Austin Peay State University.   During his more than twenty-two year career with the U.S. Army, he used a variety of lengthy titles to describe his jobs with the Criminal Investigations Command (CID).   He has provided training on many gang-related topics to the TN, GA, FL, OK, and Northwest Gang Investigator’s Associations, the Department of Defense, and the Department of Justice.

His research and investigative interests include military-trained gang members, technology use by gang members, and the intersection of criminal street gangs, organized crime, and terrorism.  He’s got a Ph.D from Northcentral University, a Juris Doctorate from Southern Illinois University - Carbondale, a Bachelor’s degree from Austin Peay State University.  He’s been interviewed by a bunch of news outlets, has published a bunch on gangs, and was on two segments of the History Channel’s Gangland series.

Laws against gang recruiting: Worth the time and effort?

The FBI's National Gang Intelligence Center (NGIC) keeps us updated on their "conservative" estimate of the number of gang members in the United States. At last count there were 1.4 million. 

That figure represented an increase of 400,000 over the conservatively estimated 1,000,000 as of September 2008.  The 2009 NGIC estimate represented 212,000 more gang members (26% higher) than the 2007 report.  The estimate was 215,000 (28%) higher than the number of gang members reported by the National Youth Gang Center in 2006 (NYGC).  The estimate was also 200,000 (25%) higher than the 800,000 gang members reported by the Federal Bureau of Investigation’s Deputy Director Pistole (2008) in March of 2008. 

Meanwhile, the National Youth Gang Center reports gang membership is now pretty close to where it was 15 or so years ago (1996-2010). Following a yearly (limited) decline from 1996 to a low in 2003, annual estimates steadily increased through 2010 (NYGC).

And how are those increases in membership numbers achieved? 

Recruiting. In some places it's called "cause, induce or solicit another person to participate in."

Many local jurisdictions have started targeting recruiting for gangs -- making it a violation of the law. And some states have shown an interest in doing the same (specifically AL, AK, AZ, AR, CA, CO, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, MD, MA, MI, MT, NE, NV, NH, NJ, NC, ND, OK, SC, TX, UT, VA, WA, WI, WY) (that was 34 states plus the District of Columbia). Some states, for example Pennsylvania, Florida and Georgia, have gone beyond that and said gang recruiters can't require a prospect to commit a crime. MN has laws that don't appear to prohibit recruiting (prohibiting simply one who solicits or conspires with a minor to commit a crime or delinquent act) , but do address other forms of threat and intimidation.

Is this a strategy based on reality? 

Do we really think that by telling leaders of criminal groups that recruiting new members is wrong they will stop doing so? Perhaps we should also tell them that about threatening or knowingly causing injury or death; receiving money or anything of value from the commission of an aggravated burglary; or from the illegal sale, delivery or manufacture of a controlled substance or firearm, or any of the racketeering offenses we examined in Gang Laws and their inability to be useful against real criminals!

Ultimately, I don't think prohibiting recruiting will work, as intended, if the intent was to get the gang members to swear off recruiting. In fact, it reminds me of the signs my dog is inclined to ignore on our walks (until she experiences human intervention).

image from http://media.al.com/al/photo/10407701-large.jpg

But it might give the kids they recruit something to think about and may give the police another strategy for stopping the gang activity that plagues our nation.

What do you think?

Public disclaimer: I am a founding board member of the Tennessee Gang Investigator's Association, headquartered in Hixson, so I might have a propensity to think gang cops don't get enough support.

Like the TNGIA on Facebook!

Addressing the gang problem in strategically different ways

In A great civil law tool -- injunctions and related actions against gangs -- but what about civic involvement -- Southern Style! we looked at Metro Nashville's efforts to declare the Kurdish Pride Gang (KPG) and several members a public nuisance. The use of gang injunctions prohibiting documented gang members from associating with each other in public has been on the rise across the country -- especially in California, though also used effectively in Florida and Texas, among other places.


But what other innovations in the use of civil law are there? How creative can We, the People get to effectively combat the plaque of gangs and gang crime that threaten our cities and states?


Traditional Anti-gang activities include formal anti-gang teams, sections, or task forces; injunctions; and restrictive ordinances.


Civil Law provides a way to get a legal remedy for accidents, negligence, cases of libel, contract disputes, property disputes, probating wills, trusts, administrative law, commercial law, and other matters that involve private parties and organizations including government departments. Civil law helps resolve non-criminal disputes like disagreements over the meanings of contracts, property ownership, divorce, child custody, personal and property damage.


In California, as an example, the state sought damages on behalf of residents (who cannot file suit themselves because they fear retaliation) to distribute proceeds from seized (and sold) homes, businesses and other assets. CA state law allows government to act on behalf of members of the neighborhoods affected by gang activity and collect monetary damages in areas with gang injunctions.


I've got the scoop on injunctions and ordinances -- looking more for nuisances, penalties, and forfeitures. I am specifically looking for innovative ideas that may be a challenge to implement! Ideas like:

• make "gang offenders" register (for certain crimes) and identify their residences and known hangouts online
• increase difficulty of custodial or non-custodial parents to conceal gang affiliation
• allow use of gang affiliation in settling of divorce and child custody disputes
• hold business owners responsible if they allow/don't prevent gangs from gathering, committing crimes or concealing evidence on premises.
• require specific lighting for public and open private areas where groups of people congregate with regularity
• seize gang or gang member property used in or purchased from profits of crime 
• recoup damages for graffiti on private or government property

What do you think?


Please either comment or email me -- carterfsmith at g mail.com

Big League Gangfighting in the Volunteer State

In The odds of finding a "pattern of criminal gang activity" we examined the likelihood of a gang member committing a crime, that he was caught doing, that was considered a felony, twice, within a five-year period, after committing a prior crime for which he was caught and convicted . . . 


I know, it's confusing . . . perhaps it will still be applied.


Despite my suspicions that the law will not be used heavily by prosecutors, I am impressed that it is law, and available. This is all part of the legislature's move to place criminal gang offenses within the state’s existing Racketeer-Influenced and Corrupt Organizations Act, or RICO, where convictions would be class B felonies with sentences ranging from at least 12 to 20 years (as we discussed in Gang Laws and their inability to be useful against real criminals.


While RICO was originally aimed at the Mafia, over the past four decades, prosecutors have used it against many organized crime groups: street gangs, gang cartels, corrupt police departments and even politicians. To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. 


The TN Legislature appears to be making a shift toward acknowledgement that gangs are more of an organized crime problem than a juvenile delinquency problem.


BRAVO!


This shift puts us in, or at least heading toward, the Big Leagues, where states like New York, Illinois, and California (motivated by crime in New York, Chicago, and Los Angeles) have (and have had) similar laws.


Not so bravo


According to New York Criminal Procedure:  (b) A criminal act is "a part of" a pattern of criminal activity when alleged in a count of enterprise corruption when it is committed prior

  to commencement of the criminal action in which enterprise corruption is
  charged and was committed in furtherance of the same  common  scheme  or
  plan or with intent to participate in or further the affairs of the same
  criminal  enterprise  to  which  the crimes specifically included in the
  pattern are connected.

I take that to mean the crime has to be gang (or other organized crime group)-related.


Illinois defines a pattern as 2 or more gang-related criminal offenses committed in whole or in part within this State when: (1) at least one such offense was committed after the effective date of this Act;(2) both offenses were committed within 5 years ofeach other; and(3) at least one offense involved the solicitation tocommit, conspiracy to commit, attempt to commit, or commission of any offense defined as a felony or forcible felony under the Criminal Code of 1961."Course or pattern of criminal activity" also means one or more acts of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961, if the defacement includes a sign or other symbol intended to identify the streetgang.


So it appears Illinois requires the gang member to be careless enough to commit repeated crimes within the state, but they specifically include graffiti as a repeated offense?


California appears similar to ours with their Section 186.22(e), which defines a “pattern of criminal gang activity” as the “commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the offenses [enumerated therein] . . . committed on separate occasions, or by two or more persons . . . .”

So where do we go from here?


What do you think?

Public disclaimer: I am a founding board member of the Tennessee Gang Investigator's Association.

Like the TNGIA on Facebook!

The odds of finding a "pattern of criminal gang activity"

According to Tennessee § 40-35-121. Criminal Gang Offenses—Enhanced Punishment—Procedure, a "Pattern of criminal gang activity" means prior convictions for the commission or attempted commission of, or solicitation or conspiracy to commit either:

• Two (2) or more criminal gang offenses that are classified as felonies; or
• Three (3) or more criminal gang offenses that are classified as misdemeanors; or
• One (1) or more criminal gang offense that is classified as a felony and two (2) or more criminal gang offenses that are classified as misdemeanors; and
• The criminal gang offenses are committed on separate occasions; and
• The criminal gang offenses are committed within a five-year period.

Put another way, it means the (presumably street-wise) gang member has to avoid conviction of all but two times he commits a felony in five years to keep from having this enhancement apply to his actions. 

To understand how easy this is, consider the arrest rate of people, generally, for all crimes, bearing in mind that gang members have a built-in mentoring and arrest avoidance program. 

The FBI reports an arrest rate based on the population. They reported in 2009 that the arrest rate was 4,478.0 arrests per 100,000 inhabitants of the total estimated United States population (violent crime was 191.2 per 100,000 and property crime was 571.1 per 100,000). That means that an estimated 4500 arrests were made for every 100,000 people, or 4 1/2 per 100 (4.5%).

This method of calculation shows arrest rates but what about the arrest percentage, or: How likely is a perpetrator to get arrested for committing a crime? 

This is often represented by a crime funnel. The funnel represents the much lower number of crimes detected and punished by the criminal justice system than the number actually committed. Early in the criminal justice system (where the police are), many arrests are made, but the number to be prosecuted shrinks as they are removed from the process. Some are dismissed, while others get referred for treatment or counseling. 

Here's an example:

Note that the basic numbers go like this. For every 1,000 crimes committed, 500 of them (that's half) are reported to the police. Of the 500 reported to the police, 100 arrests (that's 20% of the crimes reported and 10% of the crimes committed) are made.

And now that the police have done the hard work, the folks in the rest of the "system" take over.

Of the 100 arrests, about one-third (35%) are juveniles, and 30 of them are put on probation or have their cases dismissed. Though many gang members are juveniles, you can imagine how that wraps up -- stick with me for the adult analysis. 

Of the 100 arrests, about two-thirds (65%) are adults, and 25 of those cases are dropped. Of the 40 people remaining, prepared for court (a function of the Courts part of the Criminal Justice System), 10 jump bail, abscond, or otherwise take affirmative action to avoid further prosecution. From the remaining 30, 27 plead guilty in court, 2 who didn't are found guilty, and 1 (of 30 who remain of the 100 arrested for the 1000 crimes) is acquitted. 

Note, if you will, that acquitted is not the same as innocence -- it's the same as there wasn't enough evidence to support the charges. Note, also, that the court system is where multiple incidents can be combined into one and felonies can turn into misdemeanors.

Of the 29 people sentenced, 8 of them (about 27%) are placed on probation and 21 of them are incarcerated (both are functions of the Corrections part of the Criminal Justice System).

To make sure we have that locked in and comprehended -- for every 1000 crimes committed, 500 (half) get reported. Of the reported crimes, 100 arrests (one-fifth) are made. Of the people arrested, about 29 people (less than 30% of those arrested) are convicted, and 20 (one-fifth) are incarcerated. That's a little different than the FBI numbers, don't you think?

So, assuming a gang member doesn't get locked up for five years, they have to fight the odds of getting convicted of two separate felonies or three separate misdemeanors during that time OR they can be identified as being involved in a pattern of criminal gang activity.

What are the odds of that?

  

See also: 

Gang Laws and their inability to be useful against real criminals

A great civil law tool -- injunctions and related actions against gangs -- but what about civic involvement -- Southern Style!

It's not been covered too much in the news, but check out Metro Files Lawsuit Against Accused Gang Members: Metro's legal department has filed a lawsuit against the Kurdish Pride Gang (KPG) and several of their alleged members, asking that they be declared a public nuisance. Wouldn't it be nice if all the gangs and other organized crime groups -- heck, even regular everyday criminals -- could be declared a nuisance?


Unfortunately, there don't seem to be enough citizens who are 1) annoyed and 2) able to stand up for themselves. I completely support the MNPD's actions, but why is it they seem to be the only ones acting like gangs in our communities are a bad thing? These groups have been treated as if they are living the American Dream -- and unfortunately in many cases, they are. 


Typical responses to gang behavior include public (community or neighborhood based) official (using the criminal justice system) and legislative (local, state, and federal legislative bodies) action.  Local anti-gang legislation like civil abatement laws, injunctions, and restrictive ordinances rarely make an impact on gangs, though they often force a move out of "our neighborhood". With these injunctions, gang-free zones are sought (like public parks or neighborhoods). 


In this country, it′s not against the law to be a member of a gang. The First Amendment  gives us the right to join any group or club, assuming we meet their requirements. Implicit within this right is the right to associate with members of the group. That seems to indicate the right includes membership and affiliation with gangs and gang members. What is prohibited is the committing of crimes and other actions that gang members often do. In a nutshell, then, it's legal to be a member of a gang, but not to be an active member, as active gang members commit crimes (or their group would not "qualify" as a gang). The constitutional right to assemble allows us to gather (only) for lawful purposes. Thankfully, the courts have held that the government may prohibit people from associating in groups that engage in and promote illegal activities. 


With injunctions and related actions, the gang is sued as a public nuisance with evidence provided by the police and sometimes members of the community.   Injunctions have been seen to reduce gang member visibility, gang intimidation, and fear of crime by residents.   That works for the community, at least for a time, but we can do better.


The better strategies incorporate the community-based policing efforts that include mobilizing and interacting with community members in a coordinated effort.  When there is an established community policing effort (not unlike what it took to implement bike patrols, drug market interventions, and the use of Data-Driven Approaches to Crime and Traffic Safety -- DDACTS), prosecutors and police can include input from police, prosecutors, merchants, property owners, and other community members when devising strategies like obtaining injunctions, so there's more of a chance the affected parties are included in the decisions.  


Additional work to improve neighborhood cohesion and informal control is needed, but let's not depend entirely on the police to do it.   Gang injunctions should be used on a continuing basis and more resources should be directed into the enforcement and maintenance of gang injunctions, assuming they are effective, but at some point citizens need to get engaged in the process. It starts by teaching children (not just our own, unfortunately) that gangs are a bad thing. We need to change the paradigm, and that requires a relatively long-term commitment. 


The action against the KPG represents the first time a local government has sought to have alleged members declared a public nuisance since criminal gang behavior was added to the state's public nuisance law in 2009. This action (at least the use of injunctions in Nashville) has been planned for a few years. That serves as yet another reason that citizens need to get involved in the push-back effort against gangs. Citizen groups, as evidenced by Occupy Nashville, Wall Street, and so many others, don't have such a long and extended lead time waiting for the legislators, leadership, and courts to synchronize.


Other coverage by NPR here.


What do you think?

All grown up but still banging - when juvenile gang members become adults

Presenting today to the Tennessee Alliance for Children and Families, 8th Annual Education Conference “Achieving Success in the Face of Adversity.” 

Presentation titled All grown up but still banging: What issues can we expect if they don't "age out?”  in Nashville, TN on June 13, 2012. 

All grown up

View more PowerPoint from Carter Smith


Handouts at http://apsu.academia.edu/CarterSmith/Talks/88098/All_grown_up_but_still_banging_What_issues_can_we_expect_if_they_dont_age_out_? 

Gang Laws and their inability to be useful against real criminals

It has been my ongoing impression that the people who create gang laws think that gangs recruit exclusively from the lower-class, uneducated, unambitious parts of our society. Though some of the followers may be found in these populations, a good amount of gang leaders would make good non-gang (read: not criminal) leaders had they made different decisions. There's a term called 3G2 (Third Generation Gangs) that may explain why focusing on the low-hanging fruit (more on that another time) is not a good idea.


With that said, our lawmakers have a habit of offering us feel-good anti-gang laws that either have no teeth or no application. I think the placement of the law in the "Laws On Children, Youth And Families section is an indicator of this.


If the laws lack teeth, police officers cannot use them for what they were (maybe) intended. An example of the no-teeth part might be seen in Tennessee Code Annoted (TCA) 40-35-121, which I have been told is fairly useless as an enhancement guideline for sentencing.


The Code allows for serious gang-related crime to be charged/enhanced one (1) classification higher than the crime committed. The requirements to be met, however, are much steeper than simply showing the suspect is a gang-member. Moving the hurdle higher is like taking the teeth out of it, the law won't be used.


If the laws have no application, then they don't apply to the real world -- indicating the creation of the law was neither well-thought-out nor well-coordinated. An example of this no application part would be the federal legislation "intended" to prohibit active gang members from serving in the military. That's another topic for another day.


Lately, at least in Tennessee, there appears to be a shift. Not only are gang cops consistently busting their butts to identify and arrest criminal gang activity, but now the legislators are showing signs they are listening. 


The new law, introduced by Rep. Vince Dean, R-East Ridge, who introduced the bill along with Sen. Bo Watson, R-Hixson, would place criminal gang offenses within the state’s existing Racketeer-Influenced and Corrupt Organizations Act, or RICO, where convictions would be class B felonies with sentences ranging from at least 12 to 20 years. You should note, though, that cases big enough for RICO-like charges are likely to get the attention of the Federal Prosecutors, as noted by Sgt. Todd Royval. It was the federal RICO laws that were successfully used against the Mara Salvatrucha (MS-13) a few years back.


The measure expands RICO, previously restricted to child pornography and drug trafficking.


It redefines "racketeering activity" to include committing, attempting to commit, conspiring to commit or soliciting or coercing someone else to commit a criminal gang offense, including threatening or knowingly causing injury or death; receiving money or anything of value from the commission of an aggravated burglary; or from the illegal sale, delivery or manufacture of a controlled substance or firearm.


Note that it's the RICO laws that are being expanded, but the original law is being incorporated into it. It will take some time to see if the prosecutors can/will do something with this. I know they could not before this.


What do you think?


Public disclaimer: I am a founding board member of the Tennessee Gang Investigator's Association, headquartered in Hixson, so I might have a propensity to think gang cops don't get enough support.


Like the TNGIA on Facebook!


updated 6/13/12 -- removed dead link to news article (Anti-Gang Law Rarely Used: FoxMEMPHIS.com).

Come join us for a talk about Gangs on Tuesday, May 3, 2011 on OpenLine with Scott Arnold on NewsChannel 5+

Topic: Gangs

Date: Tuesday, May 3, 2011

OpenLine with Scott Arnold on NewsChannel 5+ (250 on Comcast in Nashville).

http://www.newschannel5.com/story/5372991/openline

The show is on the air from 7:00-8:00 p.m.

We will have a discussion and take viewer phone calls.

Perceptions of Gang Investigation Regarding Presence of Military-Trained Gang Members

View this document in ProQuest

Abstract (summary)

Communities everywhere have experienced the negative effects of street gangs. Gang activity in the form of crime and violence has had a devastating effect on the lives of citizens and the safety of our communities. The presence of military-trained gang members (MTGMs) in the community increases the threat of violence to citizens. The problem addressed in this quantitative correlational research study was the apparently growing presence of military-trained gang members in civilian communities. The purpose of the study was to more closely examine the nexus between the perceived presence of military-trained gang members and the perceptions of gang investigators regarding the presence and the size of their jurisdictions, the proximity of their jurisdictions to a military installation, and the extent to which investigators participate in anti-gang activities. An online survey, the Military Gang Perception Questionnaire (MGPQ), was created to collect responses from the 260 active members of the Tennessee Gang Investigators Association (TNGIA). The electronic distribution of the survey was facilitated by Google Documents. A sample size calculation was computed for a multiple regression analysis involving seven predictors, a significance level of .05, a power of 80%, and a medium effect size (f 2 =0.15). That power analysis indicated that N =103 was sufficient to detect this size of effect. The statistical analyses used to test the hypotheses in this study were Pearson and Spearman Correlation Coefficients, independent means t tests, and Ordinary Least Squares (OLS) Regression analysis. Many of the 119 respondents felt anti-gang prohibitions would limit the activity of MTGMs. Respondents reported a mean of 11% of the gang members in their jurisdictions were MTGMs. The Army, Army National Guard, and Army Reserve were identified as the largest sources of MTGMs and the Bloods, Crips, and Gangster Disciples were the gangs most represented. There was a statistically significant positive correlation (ρ=.24, p <.05) between MTGM presence percent score and jurisdiction size. There was also a statistically significant positive correlation (ρ=.28, p <.05) between MTGM presence percent score and the distance from the nearest military installation (computed). Recommendations included that military leadership should conduct cumulative tracking and analysis of gang threats, and apply an all-hands approach to identifying gang members in the military. When an installation shows a decrease in gang-related activity, solutions that led to the decrease should be identified. Military leadership should identify and examine all suspected military gang members and policy makers should identify gangs and related groups as Security Threat Groups.

Indexing (details)

Subjects

Criminology, Public policy, Military studies

Classification

0627: Criminology, 0630: Public policy, 0750: Military studies

Identifiers / Keywords

Social sciences, Gangs, Street gangs, Military, Armed forces, Gang members, Military-trained

Title

Perceptions of Gang Investigation Regarding Presence of Military-Trained Gang Members

Authors

Smith, Carter F.

Publication title

ProQuest Dissertations and Theses

Number of pages

202

Publication year

2010

Publication Date

2010

Year

2010

Section

1443

ISBN	9781124391373

Advisor

House, John

School

Northcentral University

School location

United States -- Arizona

Degree

Ph.D.

Source type

Dissertations & Theses

Language of Publication

English; EN

Document Type

Dissertation/Thesis

Publication / Order Number

3437991

ProQuest Document ID

845233422

Document URL

http://rap.ocls.ca/ra/login?url=/docview/845233422

Copyright

Copyright ProQuest, UMI Dissertations Publishing 2010

Last Updated

2011-01-27

Verdict in gang-initiation death trial angers victim’s mother

By Seth Robson, Stars and Stripes, European edition, Friday, February 27, 2009

Seth Robson / Stripes

Pvt. Bobby Morrissette, right, waits for the verdict during his court-martial Thursday at Vilseck, Germany.

VILSECK, Germany — Pvt. Bobby Morrissette’s acquittal on a voluntary manslaughter charge for his role in the 2005 gang initiation beating death of Sgt. Juwan Johnson makes a mockery of claims the Army is tough on gangs, the dead soldier’s mother said Thursday.

Johnson was badly beaten in a Gangster Disciples initiation, known as a jumping-in ceremony, near Kaiserslautern on July 3, 2005. He was found dead in his barracks room the next day.

Stephanie Cockrell reacted angrily Thursday after the military judge, Col. Timothy Grammel, announced his ruling in her son’s death.

"I’m angry, and I’m outraged that we have gangs in the military," she said. "The court system is sending a message that it’s OK."

In additional to the voluntary manslaughter charge, Morrissette was also acquitted on a charge of conspiracy to commit aggravated assault.

Grammel did find Morrissette guilty of a number of other charges, including participating in gang initiation rituals, impeding an investigation, impeding a trial by court-martial and willfully disobeying a commissioned officer. He also was convicted of committing an indecent act on a female in the presence of another person and wrongful use of a controlled substance, both stemming from a separate incident.

Morrissette was sentenced to 42 months’ confinement and a bad-conduct discharge.

During the three-day trial, Cockrell and others listened to witnesses describe how up to nine gang members hit and kicked Johnson for six minutes during the initiation. She left the court in tears during testimony on his injuries, which were listed in an autopsy report.

Cockrell has attended six trials of alleged gang members involved in her son’s death.

"In my opinion, everybody who was there is equally culpable," she said.

Those involved have shown no remorse and are still gang members, she said. During Morrissette’s court-martial, for example, one of the witnesses, Airman Nicholas Sims, flashed a gang sign and referred to Morrissette as "my brother," she said.

"[The Gangster Disciples] talk about family. That’s not how they treated my son," she said.

During the court-martial, prosecutors argued that the court needed to send a message that gangs in the military would not be tolerated.

"The military rank structure meant nothing to this gang. These gang members would unquestioningly follow the orders of their governor," prosecution lawyer Greg O’Malley told the court.

Gang members sported Gangster Disciples tattoos, wore gang clothing and started fights with local nationals and members of other gangs in Kaiserslautern, he said.

However, Morrissette’s lawyers argued that the group he associated with was not a criminal enterprise and could not be characterized as a gang. They cast doubt on the integrity of prosecution witnesses, some of whom were also gang members who had lied in past statements about the case.

Morrissette, who smiled broadly after the verdict, apologized in an unsworn statement for "whatever happened to Sergeant Johnson" but made no effort to disassociate himself from the Gangster Disciples.

Cockrell said she plans to attend the trial of former Airman Rico Williams, the alleged leader of the Kaiserslautern branch of the Gangster Disciples, who is charged with second-degree murder in relation to his involvement in Johnson’s death.

Young men should get a briefing on gang activity when they join the military, she said.

"I can’t believe what was in the mind of my son when he thought about joining this gang. This was not the guy I sent to the military," she said.

"I’d warn mothers to tell their kids. They not only have to worry about the enemy at large. They have to worry about the enemy within," she said.

http://www.stripes.com/article.asp?section=104&article=61005

Prosecutor: GI returned from Iraq in gang

By Seth Robson, Stars and Stripes
European edition, Wednesday, February 25, 2009

VILSECK, Germany — A soldier charged in the 2005 gang initiation beating death of Sgt. Juwan Johnson returned from an Iraq deployment as a member of the Gangster Disciples, Army prosecutors said during Pvt. Bobby Morrissette’s court-martial Tuesday.

Morrissette — one of seven servicemembers accused in Johnson’s death — is facing charges of involuntary manslaughter; conspiracy to commit aggravated assault; conduct contrary to good order and discipline; obstruction of justice, disobeying an order, indecent acts and use of a controlled substance.

Johnson died of multiple blunt force injuries on July 4, 2005, after an alleged initiation ceremony, which took place at a gazebo in a small town near Kaiserslautern.

Similar charges against Morrissette relating to Johnson’s death were withdrawn and dismissed in June 2007 because of legal concerns. The Army refiled charges against Morrissette in June 2008.

At Tuesday’s trial, government prosecutor Capt. Derrick Grace told the court that the evidence would show that Morrissette returned from Iraq as a member of the Gangster Disciples street gang.

Grace presented the court with photographs that, he said, show Gangster Disciples’ graffiti in the barracks building that Morrissette occupied at Camp Speicher, in Tikrit, when his unit — the 66th Transportation Company — was deployed there from 2004 to 2005.

Sgt. Ronald Barnhart, a former member of the 66th who lived in the same barracks as Morrissette in Iraq, told the court he saw several soldiers beating Sgt. Rodney Howell in a latrine at Camp Speicher in April 2004. Howell, who is serving six years’ confinement for his role in Johnson’s death, was jogging on the spot and grunting each time he was hit, Barnhart said.

"I took it as horseplay and walked out of the room," he said.

Another soldier stationed at Camp Speicher at that time, Sgt. John Koerner, described walking in on the same beating.

"There were six people in a circle. I saw a punch thrown," he said.

Another member of the gang, Air Force Staff Sgt. Themitrios Saroglou, told the court that he was treasurer of the Kaiserslautern branch of the Gangster Disciples at the time of Johnson’s death.

Saroglou said he joined the gang in 2004, after surviving his own jumping-in ceremony.

At the time members did not refer to themselves as the Gangster Disciples, although they participated in the gang’s rituals, such as the jumping-in ceremony, which involved members beating an initiate for six minutes inside a six pointed star marked with candles, he said.

The temperament of the gang changed after Morrissette’s unit returned to Germany from Iraq in 2005, Saroglou said.

"After the guys came back from deployment ... that’s when they started calling it the ‘Gangster Disciples,’ " he said.

The gang became more violent, he said.

"We called the gang members who came back from Iraq the ‘Young ‘Uns’. Their behavior was rowdy. They would act without thinking. The entire organization just went more negative. Drugs were used frequently. Fights would start from people looking at each other wrong or flashing gang signs," he said.

"They would say things like: ‘Aw hell no. Get up, Get the [expletive] up,’ " Saroglou said, adding that Morrissette hit and kicked Johnson many times during the ceremony.

If convicted, Morrissette faces up to 55 years’ confinement, a dishonorable discharge, reduction to private and forfeiture of all pay and allowances. The trial was scheduled to continue Wednesday.

http://www.stripes.com/article.asp?section=104&article=60972

In New Mexico, an Airman is Arrested in the Killing of a Man on Lower Greenville

By Robert Wilonsky in Crime and Punishment

Tuesday, Feb. 24 2009 @ 9:17AM

KXAS-Channel 5

Marlon Alfaro

The Associated Press reports this morning that a man has been arrested in the death of Marlon Alfaro, the 23-year-old from Irving who was beaten and run over in a Lower Greenville Avenue club's parking lot on January 25. Dallas police and a certain Barking Dog had speculated in a KXAS-Channel 5 story that Alfaro's murder, which took place after an argument turned into an altercation, was gang-related. Which makes 23-year-old Frank Farias an unlikely suspect: Since August 2006, he's been a member of the 377th Medical Support Squadron out of Kirtland Air Force Base in Albuquerque, New Mexico, where he's being held till he's extradited to Dallas to face first-degree murder charges following his arrest on Friday.
http://blogs.dallasobserver.com/unfairpark/2009/02/in_new_mexico_an_airman_is_arr.php

Airman convicted on lesser charge of assault

The Associated Press
Posted : Friday Jan 23, 2009 21:23:14 EST

JACKSONVILLE, Ark. — An Air Force sergeant was acquitted Friday of involuntary manslaughter in the beating death of an Army sergeant outside a base in Germany, but convicted of a lesser offense of aggravated assault, Little Rock Air Force Base authorities said.

Staff Sgt. Jerome A. Jones, 25, was also convicted of several other violations of the Uniform Code of Military Justice, and acquitted of some, according to a news release from the LRAFB public affairs office.

Jones was sentenced later Friday to two years in prison, demotion to the rank of airman basic, and a dishonorable discharge, according to Tech. Sgt. Katherine Garcia, a spokeswoman for LRAFB.

Jones was charged in the July 4, 2005, beating death of Sgt. Juwan Johnson of Baltimore at a park pavilion in Kaiserslautern, Germany, where U.S. forces have a base. Prosecutors said the death was the result of a gang initiation.

Jones was a C-130 cargo plane crew chief with the 314th Airlift Wing at the Air Force base north of Little Rock.

He was acquitted of a charge accusing him of conspiring with members of a group called the Gangster Disciples to assault Johnson, and of another accusing him of being an accessory after the fact in Johnson’s death.

He was convicted of two other conspiracy charges, a charge accusing him of trying to influence witnesses, and one count each of wrongful use or possession of a controlled substance and failure to obey an order or regulation.

Garcia said guilty verdicts required guilty votes from four of the five court-martial members.

The sentence for Jones was decided in a penalty phase of the court-martial after the verdicts were rendered, Garcia said. She said Jones could have been sentenced to 17½ years in prison.

A prosecutor in the case, Capt. Peter Kezar, told the court that Jones took part in an initiation ritual used by the Gangster Disciples street gang, in which new members must endure a six-minute beating. Kezar said Johnson’s beating escalated from reckless to a free-for-all.

Capt. Jeremy Emmert, a defense lawyer, said Jones did not kill Johnson and does not belong to a violent gang. What prosecutors call a gang was a “benign” group for brotherhood, Emmert said. He also offered evidence that Jones was not at the park that night, and said government witnesses had their own motives to lie about “why they say Sergeant Jones was there.”

Others accused in Johnson’s beating are either serving sentences or facing courts-martial.

http://www.armytimes.com/news/2009/01/airforce_arsoldierbeating012309/

Lawton police say Fort Sill has a gang problem

Associated Press - November 9, 2008 7:15 PM ET

LAWTON, Okla. (AP) - Lawton police say the Fort Sill Army base is home to many soldiers who also are gang members, but base officials dispute that claim.

Lt. Darrell Southerland, a 20-year police veteran who oversees the Lawton Gang Task Force Unit, says his six-member unit has routinely gathered and shared evidence with Fort Sill officials about soldiers stationed at Fort Sill who also are gang members.

He says evidence has been obtained through traffic stops and arrests and includes photos of gang-related tattoos and information from informants.

Southerland says Fort Sill has a problem with gangs but nobody wants to listen.

Fort Sill spokesman Jon Long disagrees. He says police have not presented any evidence of a widespread gang problem involving Fort Sill soldiers to base officials.

Long says the photos and Web site images of soldiers flashing gang signs, which have collected by Lawton police, are, quote, "not proof that the person pictured is actually a gang member."

http://www.newson6.com/Global/story.asp?S=9319124

Police fear Fort Sill is home to gang woes

Lawton law enforcement say they have told military officials about their concerns

Comments 15

BY RON JACKSON

Published: November 9, 2008

Men identified by Lawton police as Fort Sill soldiers flash gang signs in a photo from a social networking Web site. PHOTO Provided by Lawton Police

LAWTON — Soldiers such as Spc. Gregory Darnell King II are emerging as a new kind of face at Fort Sill — a face police claim many high-ranking military officers won’t acknowledge, let alone talk about.

Featured Video

Lawton Gangs

Nov 8 LT. Darrell Southerland, of Lawton's Gang Task Force, talks about the gang members on Lawton's streets.

Lawton police identified King as a "known gang member.”

And police say he is one of many who are either stationed at or have passed through Fort Sill.

"People don’t want to face the truth, but it’s true,” said Lt. Darrell Southerland, a 20-year veteran who oversees Lawton’s Gang Task Force Unit. "Fort Sill has a problem with gangs. We see it every Friday and Saturday nights on the streets. But nobody wants to listen.”

Southerland thinks it’s time for Fort Sill to hear his pleas. But Fort Sill spokesman Jon Long contends: "No evidence of a widespread gang problem involving Fort Sill soldiers has been presented to Fort Sill by the LPD (Lawton Police Department) or city officials.”

In a recent interview with the post newspaper, "The Cannoneer,” Special Agent Jessica Jasper of Fort Sill’s Criminal Investigation Command said: "In the last calendar year, the CID and MPI have not worked any gang-related offenses on post. ... We’ve not been called to respond to any of those concerns.”

Southerland said his six-member unit has routinely gathered and shared evidence with post officials about gang membership among soldiers stationed at Fort Sill.

Evidence was obtained from traffic stops and arrests and includes photographs of gang-related tattoos and details from informants.

On Web sites such as MySpace, Bebo and Facebook, local soldiers post pictures of themselves flashing gang signs.

Growing concerns

The gang unit has a binder stuffed with such photographs, images spokesman Long says "is not proof that the person pictured is actually a gang member.”

In one image, King — a reservist who served with the 177th Field Artillery — can be seen flashing a sign affiliated with the 107 Hoover Crips, a nationwide gang known to have members in Lawton.

Since 2006, King has been arrested six times by Lawton police on complaints ranging from drug possession to driving with loaded firearms. King was last arrested Sept. 25 for not paying his court fines.

Investigators list his gang affiliation as "107 Hoover” and occupation as "SPC-E4.”

"I told them about King,” Southerland said. "I was told, ‘Look, this guy is a hero. He pulled someone out of a burning Humvee in Iraq, and we’re not touching him.’ What are you gonna do?”

King could not be reached for comment.

In January, soldiers David Coleman and Ira Easterling — suspected Blood gang members stationed at Fort Sill — engaged in a deadly clash outside a Lawton nightclub with suspected civilian gang member Ronald Walker of the 107 Hoovers, Southerland said. An argument ensued. Shots were fired. Easterling died.

"The argument started with one guy disrespecting the other,” Southerland said. "Next thing you know, guns are pulled. ...”

A war within a war

Tattoo artist Rocky White, who operates a shop just beyond Fort Sill’s gates, isn’t shocked by the idea.

"Young soldiers come in here all the time asking me to do some gang-related tattoo,” White said.

"I sit them down and lecture them on the profound effect it could have on their lives and their military careers.”

Recently, White said a Marine recruiter approached him about hiding a young recruit’s swastika tattoo with an Irish clover. The combination is a symbol for the Aryan Brotherhood.

"If they are persistent, I just refuse,” White said.

"I have a real problem doing any kind of drug- or gang-related tattoos.”

Experts claim gangs in the military are nothing new, although the subject always seems to shock the senses of the general population.

Hunter Glass, a former U.S. Army soldier who specializes studying military gangs, said the problem is alarming and widespread.

"I often encounter people who express disbelief,” Glass told The Oklahoman from his North Carolina home. "And my lectures aren’t always popular. People get angry. I’ve had politicians call me, generals call me ... but people have to wake up. The military is a reflection of society. Why wouldn’t there be gang members in the military?

"The world isn’t always Norman Rockwell.”

Southerland and his gang task force members are now bracing for the thousands of soldiers who will transfer to Fort Sill with the Army Air Defense School from Fort Bliss by 2011. Police fear the transfers could ignite a turf war among military gang members.

The National Gang Intelligence Center mentioned Fort Bliss in a 2006 report, noting authorities had identified more than 40 suspected military-affiliated members of the Chicago-based Folk Nation gang on post.

"By their nature, gang members are violent and territorial,” Glass said. "I’d say the likelihood of conflict is highly probable.”

There is one more concern, perhaps the greatest of all.

"It’s a disgrace to the military,” said Clay Houseman, a gang task force member. "Our veterans didn’t fight and die in wars so these guys could join the military and terrorize our streets as members of gangs. We just can’t let that happen.”

http://newsok.com/army-says-gangs-arent-at-base/article/3320403

I-Team Investigates Gangs In The Military

Response: Dept. Of Defense

10News I-Team Investigates Gangs In The Military

Lauren Reynolds, 10News I-Team Reporter

POSTED: 4:10 pm PDT October 30, 2008

UPDATED: 6:14 am PDT October 31, 2008

SAN DIEGO -- They endure grueling tests of strength, are trained to kill, and pledge their absolute loyalty."Bloods, Crips, Gangster Disciples, Vice Lords, Mara Salvatrucha, 18th street, all the big ones are in," says Carter Smith, an Army veteran who spent 22 years in the Army's Criminal Investigation Division.American street gangs have gone global, and increasingly, they're in the service of Uncle Sam."There are a lot of them out there, already in the ranks," cautions Hunter Glass, a veteran and gang detective out of Nashville who now works as a consultant on gang behavior. The U.S. Air Force is among his clients.

Sailors, Marines, soldiers, even women, are flaunting their gang ties, while in uniform."In the combat zone, they will support each other, but as soon as they are off the battle field, all bets are off," says Glass.10News obtained video taken on base at Fort Bragg, which shows Bloods and Gangster Disciples on the dance floor. First they are throwing gang sings; then they throw punches.Glass spoke to the Army officer who took the video who was assaulted while taping it."There is nothing glamorous about being a gang member, "Glass says. "It's about money, it's about profit."He says gang members in the military have a sworn allegiance, not solely to the President of the United States, but to their gang set.

The initiations are brutal. 10News showed videotape of a jump-in, where gang members continuously beat a new recruit for six agonizing minutes. He has to take the beating. Once it's over, the gangsters' ritual includes a blessing over their newest member. Gangs in the military use the same initiation.

Carter Smith warns, "They'll actually send people into the military to be recruiters in the military."That's what T.J. Leyden did while serving for 3 years as a Marine at Camp Pendleton. Reformed now, he was then a racist and a leader of a white power gang."Everyone totally knew what I was doing," says Leyden. "And I recruited 12 active members of the United States military to join a white supremacy group."

It was a violent recruitment into a gang which cost Stephanie Cockrell her son, Army Sgt. Juwan Johnson."What did I do? What should I have done? What happened? What went wrong?" she still asks herself.Juwan Johnson grew up on the tough streets of Baltimore. His mother warned him over the years to say away from the gangsters hanging out on the corner. She never thought to repeat that warning when he joined the U.S. Army."

There are gangs here in the streets," she says. "But in the military? I was in the military, I don't remember a gang in the military!"She spent five years in the Army herself, and thought the experience would be a good one for her son. Sgt. Johnson spent 6 years in the Army and served 18 months in Iraq. His mom still watches the home video she took of him during a brief visit home."Thank you, and I love you all," he says on camera to his large extended family, during a family picnic.He had only two weeks left in the service when offers to join a gang swayed him. So he ended up in a park outside a base in Germany, where his life would end as he was "jumped in" to the Gangster Disciples. They beat him to death. Eleven soldiers and airmen took part."And after they beat him to death, they took him back to the barracks, and they went out to clubs to dance," exclaims Cockrell, with disbelief.

The wars in Iraq and Afghanistan have been a drain on the U.S. military, forcing relaxation of standards, "moral waivers", to join. More service personnel have criminal records and gang ties than in years past." My concern is when they get out," adds Carter Smith.In the 1990's, while working as an Army criminal intelligence officer, he was one of the first to uncover the growth of street gangs in the ranks. He says the general estimate is that about 1 percent of the U.S. Armed Forces are gang members, 13,000 to 14,000 of them, roughly the population of Solana Beach."

They will have been trained to do lots of things from the basic support, logistics, and transportation, to the use of weapons," he warns. According to the National Gang Intelligence Center and the Army Criminal Investigation Command, "Gang related activity in the U.S. military is increasing ... posing a threat to law enforcement officials and national security." The gang activity ranges from graffiti you can see in pictures from Iraq, to shootouts and murder much closer to home."Crimes involving military soldiers have been on the rise, and violent crimes at that," says Hunter Glass.In San Diego, an ex-Marine marksman, Nathanial Guillen, and active member of the Bloods, shot a rival gang member to death in La Mesa. He was found guilty of murder in 2006.In Northern California, a Camp Pendleton Marine and gang member named Andres Raya ambushed police with military tactics and a high power riffle, murdering police Sgt. Howard Stevenson. Raya was killed in the shoot out.

Those are only two examples."They're gang members at heart, they're not going to be changing. It's what they live for, what they believe," says Glass.Officially, no branch of the service allows gangs. However, criminal courts are reducing felony charges to misdemeanors, allowing gangsters who promise to reform to join the military rather than go to prison.Glass adds, "Are they good in a fight? Yes that's right, but when dog fighting becomes illegal, what do you do with the dogs?"

Previous Stories:

• October 30, 2008: I-Team: White Supremacists Found Online, In Military Ranks

The following is a response from an official with the Department of Defense regarding the I-Team's Military Gangs story:The Department of Defense does not believe it has a problem with criminal gangs among its ranks. Although the Department's statistics do not support the conclusion that gang problems in the military are pervasive or significantly on the rise, anything that negatively affects readiness or undermines military values is of concern. The Department is working closely with its criminal investigative agencies and the FBI to ensure that gang activity in the military is aggressively investigated and appropriately prosecuted and that new accessions are rigorously screened to deny entry to those who do not renounce participation in criminal gangs and activities. Coordination with the FBI is leading to efforts to better screen accessions for gang affiliation by means of better access to FBI gang databases.

http://www.10news.com/news/17852021/detail.html

Imprisoned vets tell their war stories for history

Interesting tidbits that contradict the notion that the military has ever been able to change the gang mindset:

By DAVID DISHNEAU – 22 hours ago

HAGERSTOWN, Md. (AP) — As U.S. forces withdrew from Vietnam in early 1974, Seaman Apprentice Frederic D. Jones was fighting his own battles.

The cocky Baltimore teenager spent nearly three months AWOL in the Philippines. There, he said, he played cat-and-mouse with shore patrol while fending off a murderous drug dealer, romancing the sister of a militia leader and robbing other servicemen to feed his heroin habit.

Eventually caught, Jones negotiated an honorable discharge but couldn't stay clean. An armed robbery spree in 1995 got him a 45-year sentence in the Maryland Correctional Institution near Hagerstown.

While Jones, now 52, is locked away from society, his war story has been preserved for posterity. He is among the first incarcerated veterans to tell his military service tale to the Library of Congress Veterans History Project.

Video recordings of more than 30 inmates at the medium-security prison are archived at the library's American Folklife Center, along with those of nearly 60,000 other veterans. Just one other prison, the Fairton Federal Correctional Institution in Fairton, N.J., has collected veterans' stories, said Bob Patrick, director of the Veterans History Project.

Congress created the oral history program in 2000 to document the personal wartime experiences of American service members. The library doesn't try to verify their stories, but The Associated Press confirmed the service records of the inmates mentioned in this report.

Patrick said that by recognizing their roles in history, the project dignifies the service of veterans who take part. Jones was so proud of his videotape that he had a copy sent to his elderly mother.

"She was so overjoyed and surprised," he said.

Since any veteran, no matter how decorated or disgraced, can contribute to the archive, Jones' story was as welcome as that of any admiral. And it's hard to imagine one more colorful.

On his nearly 90-minute recording, Jones recounts his adventures as a "young, wild, impulsive," 18-year-old in and around the Subic Bay Naval Base. There, he said, a female gang called the Black Stockings helped him steal cash and watches from drunken sailors and aided him in avoiding a drug dealer he had wronged.

"I ended up getting a contract on my life," Jones says. "I felt like I had never left home."

Jones, who is black, said he enlisted in the Navy seeking structure and style — he liked the bell-bottomed uniforms — but he quickly grew disenchanted by the racism and drug use he found.

"I'd had my own preconceived ideas what the military was — I mean straight-up, strict discipline," Jones says on the video, made a year ago. "The drugs, the gang mentality — it was all right there in the military. It was a big letdown."

In a June interview with the AP, Jones said he doesn't blame the military for his mistakes but has found in prison the sort of discipline he had expected from the Navy. Behind bars, he and 58-year-old John E. Barba, who is serving a life sentence for robbing and murdering a methamphetamine maker, have become co-chairmen of the prison's veterans history committee.

Guided by materials from the Library of Congress, they have become such skilled interviewers since last fall that they and prison librarian Mary Stevanus, who spearheaded the history project, hope to produce a how-to booklet or video for other veterans groups, in or out of prison.

"What you're looking for is the meat of the stuff," said Barba, who served domestically in the Navy from 1970 to 1974. Working together, he and Jones conduct informal "pre-interviews" with their subjects, making notes of compelling material "so when they're giving their interview, we can dive in," Barba said.

They extracted a harrowing account from Ronald L. McClary, 62, of his experience under fire as a fresh-faced Marine in Vietnam. On his video, the burly inmate, seated before a large U.S. flag, recalls his daily "search-and-destroy" missions.

"Every day, you would look at one of your buddies and wonder who wasn't going home today or who was going to get killed today. Everybody knew it was going to be somebody," said McClary, who is serving 12 years for the second-degree murder of his wife in Baltimore 2005.

He recounted a firefight in which two buddies were killed.

"Three rounds went off. The first round hit Amos in the head. Amos fell. When Amos fell, Cope looked around and looked down at Amos. The second round hit Cope in the head. And I seen it. I told you, three rounds went off. Cope was to my left. Amos was to my left, and then there was me. You cannot tell me today the third round wasn't meant for me. But I was down. I was eating dirt."

Ordered by his lieutenant to get up and charge the enemy, McClary fired two shots before his gun jammed. "I had to get back down," he says on the video. "I've never been so scared in all my life."

Jones said he feels privileged hearing such stories.

"These guys have kept this stuff to themselves for 40 years," he said. "You'll see one guy that actually breaks down and cries. I mean, these are hardened criminals and he breaks down and cries on his video."

About 226,000 of the national's 25.1 million veterans were in prison or jail in 1998, according to the federal Bureau of Justice Statistics' most recent report on the subject.

Matt Davison, chairman of an incarcerated veterans project for New York-based VietNow National, a veterans advocacy group, said most inmate vets he's met are proud of having served — and many feel remorse for having done something dishonorable.

Barba said most of the inmates he has interviewed for the history project express gratitude that they were able to serve.

In one video, white-haired World War II vet Lee D. Gerhold, doing 50 years for arranging an ex-wife's murder, grips his cane and says, "I'm thankful to the country for accepting me."

http://ap.google.com/article/ALeqM5g9n1Ye7SDv159D3bV6AB7oBef4hAD93SMC48B