Judge grants injunction against Barrio Van Nuys gang
By Tony Castro
Updated: 06/03/2009 03:15:12 PM PDT


An alleged gang member with a tattoo on his head is arrested by U.S. Immigration and Customs Enforcement agents on Friday morning, Oct.5, 2007, for immigration and criminal violations in the San Fernando Valley. The effort was part of a crackdown by agents and police on members of Barrio Van Nuys and other San Fernando Valley gangs. (Tina Burch/Staff Photographer)

L.A. draws up a new gang planVan Nuys High School and the Van Nuys government center were singled out Wednesday by a superior court judge as part of the "safety zone" of an injunction against what officials call the San Fernando Valley's largest and most powerful street gang.

Los Angeles Superior Court Judge James C. Chalfant said he is hopeful that the injunction he granted against the Barrio Van Nuys gang will help make the government center safer for employees and those doing business there -- and that it will stop gang recruitment at the high school.

"The gang acts by and through its members, individually and collectively and in concert, conducts its affairs and activities in the Van Nuys area, particularly near Van Nuys High School," Chalfant said in granting the preliminary injunction.

"The gang's members proclaim and control this part of town as their own territory or turf.

" Bruce Riordan, director of the anti-gang operations for the Los Angeles City Attorney's Office, said it is not unusual for a high school to be included in a gang injunction but that inclusion of the government center was unprecedented.

"We believe that this is the first injunction safety zone to include a 'civic center' and 'courthouse,'" said Riordan.

"The evidence established that this particular gang's territory surrounds and includes the Braude Plaza and courthouse.

And evidence of BVN Gang Graffiti is often seen in and around Braude Plaza.

" Officials said the injunction will keep gang members from associating with one another in public and also provide authorities with greater ability to police a street gang whose criminal activity increased 50 percent last year.
"This gang morphed into a criminal street gang in the '70s, so for 40 years the Van Nuys community has really been under the thumb of this gang," said Deputy City Attorney Travis Austin, who argued the case in court.

"As far as Van Nuys, it will give the residents an opportunity to reclaim their and it will give law enforcement the tools it needs in making that happen.

" Neither the gang as a group or individually were represented in court.

Attorney Peter Bibring of the American Civil Liberties Union of Southern California said appeals courts have held that since a gang injunction hearing is a civil proceeding, gang members are not constitutionally entitled to court-appointed legal counsel.

But Bibring added that gang injunctions inherently create a new set of issues regarding the limitation of personal rights.

"Because the court issues an injunction against a gang, not against individuals, it gives police officers wide authority on who should be subject to the injunction," he said.

"It's a huge problem.

"I'm not aware of any gang injunction in Los Angeles where the city attorney has actually had to prove its case at trial.

No one ever mounts a full legal defense to a gang injunction.

" Prosecutors said the injunction includes provision for any individuals named in the legal to "opt out" or remove their names from the order by making a formal application with the court.

The injunction, according to the order, will cover a 4.

7-square-mile area bordered by Sherman Way to the north, Woodman Avenue to the east, Burbank Boulevard to the south and the 405 (San Diego) Freeway to the west.

"This preliminary injunction will provide us with a critical tool in our efforts to fight the BVN gang and create safer streets in the valley neighborhoods afflicted by this gang," said City Attorney Rocky Delgadillo.

In addition to limiting the gang's ability to associate in public, the injunction cracks down on intimidating witnesses, selling or possessing drugs and possessing weapons or graffiti tools.

"As part of the safe school provision, only students or parents are allowed to be at Van Nuys High School," said Austin.

"It's well-documented in the evidence that Van Nuys High School was used as a recruiting ground for Barrio Van Nuys.

" Community leaders welcomed the injunction.

"I'm thrilled, pleased and happy.

This is going to give some teeth to fighting gang crime here," said longtime resident Lydia Mather, president of the Van Nuys Neighborhood Council.

"People who might say a gang injunction stigmatizes the community, well, unless they've had their heads in the sand, Barrio Van Nuys gave it a stigma.

How can anyone object to positive steps to clean things up."


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