The California Supreme Court on Thursday threw out the conspiracy-to-murder conviction of a gang member who used social media to applaud the killing of rivals during a gang war in San Diego.
“Being a cheerleader” is not enough to prove Nicholas Hoskins conspired in the murders, the court said in an unusual, unanimous opinion.
The court overturned Hoskins’ sentence of 25 years to life in prison and sent the case back to the appeals court that had upheld his conviction.
The case stemmed from a gang war between Crips and Bloods affiliates in the San Diego area. The war was declared after a member of Hoskins’ Bloods-connected gang was killed in 2011.
Prosecutors have accused him of participating in a “two-year-long agreement between at least 20 gang members to kill rival gang members, with no agreement on specific times, people or places where the killing would occur,” according to the Prosecutor’s Office Judgment of the Supreme Court.
Prosecutors cited evidence of his membership in a violent gang, his access to weapons and his social media posts celebrating attacks on rival gang members.
Hoskins “knew and approved” of targeting rivals, as shown by a photograph he posted on social media in 2013 of him making a “Crip killer” hand signal, the Supreme Court said.
However, the state’s high court said there was no evidence Hoskins had engaged in any violent acts.
The other evidence “is not sufficient to support a finding that Hoskins had the specific intent … to commit murder, either personally or through others,” the court said.
“Decades ago … the United States Supreme Court held that the First Amendment prohibits punishing a person merely for associating with others, even as part of a group based on a violent goal,” said the sentence
“A cheerleader, however enthusiastic, is not a co-conspirator unless the prosecution can show that the cheering was intended to play some role in the furtherance of illegal objectives,” the court said.
The Rollin 60s Neighborhood Crips is a street gang based in Los Angeles, California, originally formed in Los Angeles in 1976 from the Westside Crips and has since spread to other cities in the United States.
Where are the Deep Valley Bloods?
The Deep Valley Bloods (DVB), also known as the West Side Deep Valley Bloods (WSDVB), are a predominantly Samoan American, with a few African American, criminal street gang located in the Camp Pendleton’s Back Gate area of Mesa . Margarita, in Oceanside, Northeast Neighborhood, San Diego County, California. On the same subject : Today’s Hoda Kotb is absent from the morning show as Savannah Guthrie takes center stage on the panel to begin….
What is the largest Crip set?
What Crips are there in Florida? Florida
- The 211 Crips.
- The 312 Crips.
- The 551 Crips.
- The Blue Devil Gangster Crips.
- The Cartel Southside Gangsta Crips.
- The Clown Boiz Crips.
- The Downtown Crips.
- The Eastside Rollin’ 60s Crips.
Where do most Crips live? The states with the highest estimated number of Crip sets are California, Texas, Oklahoma, and Missouri. Members are typically young African-American men, but may be white, Hispanic, Asian, and Pacific Islander.