1997). seizure of thousands of kilograms of illicit drugs, and the indictment of several security purposes they generally replace them with new ones every 30 to 45 days If you think about it in the context of drugs: We know that our gangs, our cartels, they are bringing in the drugs and they are distributing them. A few minutes later, the boys reappeared in front of the house and taunted Provost. The emergence of methamphetamines, which drug dealers could brew at home rather than having to buy from more powerful dealers, was lessening the need for ties to out-of-town criminal groups, such as the prison gang and smugglers known as the Mexican Mafia. Provost s girlfriend was standing on the front porch of the house when she was hit with a beer can thrown by some boys walking down the street. targeted the Gulf Cartel and its smuggling operations. Proc. Their culture (the Bandidos) is such that it is very difficult to get witnesses to cooperate, Boggess said. of these phones are inexpensive, making it easy for traffickers to acquire new or 1989). (U) Gang members with the most arrests for violent crimes in North Texas belong to Bloods (multiple sets), Crips (multiple sets), Sureos (multiple sets), and Tango Blast (Dallas and Fort Worth), based on 1995); Sendejo v. State, 953 S.W.2d 443, 447-448 (Tex. But you can in Fort Worth.. Officials in the Dallas-Fort Worth area note the presence of local gangs including the Eastside Homeboys, Varrio Centro, and Varrio Northside. most of the trafficking and distribution of hydroponic or high-potency marijuana App. Provost had never seen any of these people before. Crim. 111 Likes, 0 Comments - Texas Barrios (@txbarrios) on Instagram: "Fort Worth: Snoopy from Varrio Centro in 1994 #VC #VarrioCentro #FortWorthBarrios #ForosBarrios" Canada, for distribution in the Dallas/Fort Worth area. FRC - Western Hills (at Western Hills ES) Phone: 817-815-2880. Just because gangs arent so easy to spot in Fort Worth doesnt mean theyre gone. The jury is the judge of the credibility of the witnesses and may "believe all, some, or none of the testimony." operating in California, primarily in the Los Angeles and Santa Cruz areas. Tirado also stated that he quit school at the age of fifteen and in the eighth grade because he could not get along with others. Saln de belleza. Windus Auto Collision Specialists horario hoy. He took on the job of being UMOJAs gang site coordinator at Dunbar Middle School, which already required a white-shirts-and-blue-pants uniform. He could not identify Tirado as one of the boys running away from the shooting. A lot of our violent crimes, while they might not be committed in the name of the gang, they often have a nexus to gang crime somewhere. the Southwest. 300 kilograms of cocaine, 360 pounds of ice methamphetamine, numerous weapons, and Crim. In past years, when some schools mandated uniforms to keep colors out, the bangers turned to specially rolled-up pant cuffs, earring styles, bandanas in back pockets, and jewelry with gang markings much of it available from a particular mall jeweler to identify themselves. Several members of Trevio-Morales's immediate and extended family Muhammad and others said the bangers (then and now) wore Dickies twill work pants, cut off at the knees, with red or white t-shirts. Tulsa, Oklahoma, and Des Moines, Iowa. Each division of the police department contracts with house painters to erase the graffiti, although it wasnt clear whether they were responsible for painting over the house on Fair Park Boulevard. Reach Managing Editor Glen Faison at 427-6925 or gfaison . There, they spoke to an older man, Frank Cruz, his step-son, Chris Burgess, and his son s friend, Frank Smith, and determined the three had information possibly relating to the shooting. He stated he had admitted to the shooting because he was afraid that something would happen to his family. The bullet entered Rudy s upper chest, caused several tears of vital organs, and exited his back. Based on the information obtained from these three people, a warrant was issued for Carlos Falcon, a/k/a Diablo, as the principal actor in Rudy s death. Provost recognized one of the three who ran away after the shots were fired as one of the boys he encountered earlier that night. Most of these organizations are Mexican App. and more than half have been linked to Consolidated Priority Organization Targets Meadows said that Fort Worth has become a whistlestop for out-of-town gang members who dont find it attractive to stay, but who sometimes commit serious crimes while theyre here. App. Oh, and the place an anti-gang dress code might be most useful isnt in high school its in elementary and middle schools, the hunting grounds these days for a gang culture that is recruiting at the pre-teen level. Provost called 911, and the police arrived quickly. He huffed every day. Muhammad said theyre told to drop their gang affiliations at the door. and conducting business with members of African American criminal groups in the Boyz From The Hood 13. Horario: 9 a.m. a 9 p.m., lunes a domingo. Provost turned to walk away when someone in the crowd fired some shots. He brings five issues for review on appeal. Tirado saw the house down the street with people on it. It was about color race and turf, said Alton Wilkerson, who headed Fort Worths gang unit from 1990 to 1995. But that wasnt necessarily the heart of it. He was not threatened, coerced, promised anything or had any necessity withheld. 2003) and extradition (January 2007) of Osiel Crdenas-Guilln, Los Zetas was incorporated To Home Page, Bandidos (Hispanic and Caucasian members), African American, Albanian, Asian, Caucasian, Hispanic, Laotian, at 832. They ended up at someone s house whom he did not know. There is some conflicting evidence regarding Tirado s mental capacity at the time he waived his rights and gave his statement to Reyes. Later in his testimony, he admitted to having ingested cocaine but could not remember if he drank any beer. 2009 He had also smoked two marijuana joints. Not unless the uniform policy also addresses details like shoelaces, neck jewelry, and whether kids wear one earring or two in each ear. Tirado first told Reyes about Rudy s murder orally and then repeated it while Reyes typed the statement. And even though affiliations with national crime syndicates like the Crips and Bloods is down among local bangers, a new and deadly international group is beginning to cause a few worries here. Mexican drug traffickers are the dominant group trafficking illicit drugs in App. Tirado s fourth issue is overruled. Rudy had been in the house during these incidents. They also utilize encrypted mobile messaging applications to communicate privately to block law enforcements ability to counter their criminal activities, the report states. Laotian criminal groups and gangs are also But the discusssion about uniforms has refocused attention on gangs and what has changed since about a decade ago, when gang colors, and gangs, were so strong that they changed kids decisions about whether to play sports for certain schools, and national gangs staged an all-out drug war on Fort Worth streets. Reyes immediately took Tirado to Judge Larry Reed for his initial juvenile warnings before giving a statement. Voluntariness is determined by a totality of the circumstances. text box above.) Cardenas v. State, 30 S.W.2d 384, 392 (Tex. The trial court judge had first made findings on the record which were transcribed and was then requested by the appellate court to make written findings on the disputed fact issues. The shots were fired in quick succession. Crim. This month, kids at Morningside Elementary School will take a field trip to a cemetery, stage a mock trial for a gangbanger, and learn what its like to live paralyzed or confined to a wheelchair. Next by Varrio Centro, a rival Hispanic gang known as the VCs. The conversation lasted all evening and into the night, and by the time it was over, he had signed on to the anti-gang program. However, it is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense; there must be some evidence directly germane to a lesser-included offense for the fact finder to consider before an instruction on a lesser included offense is warranted. But she said the group is drawing the attention of the 12-year-old wannabes, impressed with the gangs reputation for eluding arrest. conversion and distribution in the North Texas HIDTA region; however, some of these range from small to moderately sized, loosely knit groups that distribute They were originally recruited in the late The damage to the left lung was possibly lethal as well. Copyright 2002 to 2023 FW Weekly.3311 Hamilton Ave. Fort Worth, TX 76107 After the hearing, the trial court found that Tirado had the sufficient mental capacity to understand the warnings and rights given to him and the sufficient mental capacity to knowingly, intelligently,freely, and voluntarily waive those rights. He and his accomplices then fled the scene. Id. Brown Familia 13. It never was about money. Saln de belleza. And though gang shootings were far below the levels of the 1990s, police still listed nine murders in that year as gang-related. He stated that he shot the gun because Falcon and Miguel told him to do it. 1990s by Osiel Crdenas-Guilln, then head of the Gulf Cartel, to act as enforcers 1991). At the hearing, the trial court is the sole judge of the weight and credibility of the evidence. See Tex. One fatal wound was the damage to the major arteries coming out of the heart. Dallas 1989, no pet. Ann. App. [1] Carlos E. Cullar, Stories from the Barrio: A History of Mexican Fort Worth (Fort Worth: TCU Press, 2003), page 7. Gang members are younger. Alvarado, 912 S.W.2d at 211. Search Myspace Start typing. Angel Trevio-Morales (reputed commander of the Nuevo Laredo Besides Samples Tirado was 15 years old at the time of the offense. Three spent shell casings and one unfired bullet were located in the street, so it was closed to protect the crime scene. advertisement. Proc. The ex-cops, ministers, and former druggies who call themselves the men of UMOJA are aiming their efforts at those wannabes, the boys and girls who arent yet wearing colors. Provost testified that Rudy had not been out on the porch when the beer can was thrown and was not involved in chasing the boys. Tirado claimed at trial that he lied in most of his written statement. locate and apprehend drug traffickers. In Forest, the defendant admitted to aiming for the victim s backside but denied intending to kill him. At the time of the suspects' arrests, law enforcement officers seized Code Crim. 1992). Aeromovil de Fuerzas Especiales (GAFE), a Mexican Special Forces group trained to The inmate admitted his ties, Almendarez said, but claimed he had quit the gang and fled Los Angeles to avoid being killed. drug organizational threat within the North Texas HIDTA 2001). Following the lessons of U.S. Treasury Agent Elliott Ness, who put Chicago mob boss Al Capone away for tax evasion, Wilkerson and the prosecutors hit local gangsters where they lived. You cant go to California and be a blond-haired, blue-eyed Crip, Meadows told the parents group. [2] Cullar, Stories, page 8; Kenneth N. Hopkins, "The Early Development of the Hispanic Community in Fort Worth and Tarrant County, Texas, 1849-1949," in East Texas Historical Journal vol. identifying sign, symbol, or name, the members of which individually or As a result, Trevio-Morales Tirado remembered also having to eject a bullet that would not fire. arm of the Gulf Cartel. They kicked and stomped him to death while a crowd watched outside the Ripley Arnold housing project downtown. Tirado stated he had huffed two cans of octane booster before he was later arrested. He contends that he initially admitted guilt because he and his family were threatened. Crim. drugs from those locations, one of which was within 1,000 feet of a middle school. In other words, evidence can be factually insufficient if (1) it is so weak as to be clearly wrong and manifestly unjust or (2) the adverse finding is against the great weight and preponderance of the available evidence. The front garage panels and entire side wall of an abandoned house in the 4200 block of Fort Worths Fair Park Boulevard got painted three times in the space of one week earlier this month. He related that on the night of the Tyson fight, he and five others drove around town, sniffing octane booster. Azusa 13. So while their numbers in Texas have not grown since last years Texas Department of Public Safety threat assessment, it seems some gang members are getting harder to put behind bars. And the age level of those on the list has dropped significantly: When the department started building the database in 1983, the average age of a gang member was 23; now its 16. Su direccin es LEGOLAND Discovery Center Dallas, 3000 Grapevine Mills Parkway, Grapevine, Texas 76051. O seu enderezo LEGOLAND Discovery Center Dallas, 3000 Grapevine Mills Parkway, Grapevine, Texas 76051. . App. Fort Worth gang member, 30, found guilty of capital murder Relatives testify that killer grew up amid drugs, crime Convicted killer caused problems in Johnson County jail, supervisor testifies Killer hid in shadows before shooting Fort Worth deliveryman, evidence shows Jurors hearing testimony to weigh life or death ), cert. We think this argument is similar to an argument made recently to the Court of Criminal Appeals. Crim. When given his juvenile warnings, Tirado claimed he did not read them and did not understand when they were read to him. Tirado also stated that he quit school at the age of fifteen and in the eighth grade because he could not get along with others. Investigative intelligence indicates that Lazcano-Lazcano's top lieutenant, Miguel An Aryan Brotherhood wannabe, Steven Heard, fatally wounded Fort Worth Officer Henry Hank Nava last November when police raided his North Fort Worth trailer, not knowing of his prison gang connections or his role in a Metroplex-wide identity theft ring. threat to the region. The trial court resolved these conflicts in favor of holding the statement to be voluntary. 1.073 km. ref d). 1997). We then apply the standard of review set out by the Court of Criminal Appeals. (CPOTs).7 Last June, UMOJA launched a parade from Spencers Funeral Home to a park concert staged by anti-gang rappers. Asian criminal groups obtain most hydroponic and high-potency marijuana available Now, Tirado contends that there is some evidence that, although Rudy was shot and killed, there was no intent to cause anyone s death or to cause anyone serious bodily injury. in the North Texas HIDTA region during 2008. The OGs original gangsters continued to play a role in the drug war, Grisham said, and their homeboys never really lost touch. region.8 Trap or die is a demand that people sell drugs. For all those reasons, gang officers dont expect any change in school district dress policies to make a serious dent in gang activity. 2000);Rousseau v. State, 855 S.W.2d 666, 672 (Tex. Tirado gave conflicting accounts of his involvement in Rudy s death. It was not New York City. 1986); Nguyen, 977 S.W.2d at 456. Troy Provost, a friend and roommate of the victim, Rudy Gutierrez, was having a birthday party at his house in Fort Worth on the night of June 28, 1998. And not just the troubled ones: Straight-A students at Dunbar may be marked for trouble, Muhammad said, because the gangsters think theyre trying to be white.. Crim. Crim. Theyre getting the money from somewhere.. of MDMA in the area exceeds local demand, Asian criminal groups frequently transship Guzman v. State, 955 S.W.2d 85, 89 (Tex. As the war escalated, jailers at the Tarrant County Corrections Center noted the troubled state prison system was inadvertently helping prolong it. Enfermedad por coronavirus (COVID-19) Situacin. The original Los Zetas consisted of members of the Grupo Thirteen, Meadows said, stands for M, the 13th letter in the alphabet. The State indicted Tirado on two forms of murder: (1) intentionally or knowingly causing the death of an individual; and (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual. At the time of the trial, Tirado was no longer afraid of the gang members. 19.02(b)(1) & (2) (Vernon 1994). With gang activity declining and old leaders in jail, the gangs no longer had the luxury of strict rules. Also clear, Meadows said, is the message she hopes the gang unit will send with its decision this month to reinstitute S.T.O.P., which stands for Saving Teens by Overcoming Prejudice and Peer Pressure. Last September, the FBI reported a 30 percent drop in the most serious categories of gang-related crime in Fort Worth, compared to a year earlier. It could be throwing the signs of the Crips or the Bloods. 1983); Andrade v. State, 6 S.W.3d 584, 592 (Tex. Wilkerson said that in Fort Worth, taggers are doomed to watch their artwork vanish overnight. Thus, the evidence is factually sufficient, and Tirado s fifth issue is overruled. Get free summaries of new Texas Court of Appeals, Tenth District opinions delivered to your inbox! App. Provost did not turn around to see who was shooting or whether he was the target of the shooting. 1997);Reeves v. State, 969 S.W.2d 471, 488 (Tex. Alvarado v. State, 912 S.W.2d 199, 211 (Tex. A few months later, the importance of the unit was reinforced when gang members fired eight bullets into the front door of City Councilman Jim Lanes home. About 100,000 gang members in Texas are involved in every type and level of criminal activity that one can imagine and they have started to adopt behaviors that make them more cooperative with each other and less cliquish, according to a new report from law enforcement. Therefore, a charge on criminally negligent homicide was not required. . But the pair vow they wont cross the line. First it was tagged with graffiti by Surano 13, known as SUR-13 in the Hispanic stretches of the North Side and South Side. the drug to secondary distribution locations, such as Oklahoma City, Norman, and He was told to [g]o for it and [g]o shoot em. art. App. Anaheim Boys 13. Barrio Los Padrinos 13. Falcon and Miguel told Tirado to [g]o shoot em, and to [g]o for it, Crow. Johnson v. State, 23 S.W.3d 1 (Tex. It is also uncontroverted that no illegal substances are available in the detention center. In addition, some members are reluctant to take on leadership roles in order to avoid criminal enterprise investigations and prosecutions, the report states. 1988), overruled on other grounds, Green v. State, 764 S.W.2d 242, 247 (Tex. of supply, lieutenants, or other individuals within their organization and a separate App. in charge of the Los Zetas enforcement organization. Judge Reed was satisfied that Tirado understood his rights. The Gulf Cartel, whose leadership includes Jorge Eduardo Costilla-Snchez, Antonio 2d 908 (1964)). Several people were outside that house, and Provost walked up to an older man standing in the crowd. In addition, many models Fort Worth police tallied 31 gang-related killings in 1990, 23 in 1991, and 11 in 1992. He checked Tirado out of the juvenile detention center where Tirado had been held on an unrelated matter for the previous thirty-six hours. During the shooting, Tirado had to eject the spent casings because the gun would not. at varying levels in drug trafficking activities in the region. He could not tell which person fired the shots. One 12-year-old student says his brother, 23, is doing life for a gang murder. Friends of Rudy were desperately trying to save his life. Table 5. Even the low-level drug crimes have a nexus to a gang somewhere. Youll find in the prosecution of crime in general, a connection to gangs, to criminal street gangs and to prison gangs, Boggess said. Therefore, there was no evidence that he was guilty only of aggravated assault. At trial, Tirado testified that Frank Smith fired the shots. 1700 West Berry Street # 100, Fort Worth. Crim. 1.064 km. customers. videos and still pictures of their criminal activities. The allure to kids of that semi-secret stuff worries Meadows and people like Johnny Muhammad, gang site coordinator at Dunbar 6th Grade Center in Southeast Fort Worth. On appellate review, we show almost total deference to a trial court s determination of admissibility if it is based on historical facts supported by the record or if it involves a mixed question of law and fact and the ultimate resolution of that question turns on an evaluation of credibility and demeanor. 8401 Anderson Blvd Fort Worth, Texas 76120. With no one in the office other than the judge and Tirado, Judge Reed read to Tirado his juvenile warnings, and Tirado acknowledged that he understood his rights. Brown Side 13. If a defendant either presents evidence that he committed no offense or presents no evidence, and there is no evidence otherwise showing he is guilty only of a lesser-included offense, then a charge on a lesser-included offense is not required. Meadows said many of those changes in the local gang scene in recent years appear to be unique to Fort Worth. El lunes a las 8 a.m., la lectura de calidad del aire en el centro de Dallas era de 138, de acuerdo a AirNow.gov; La EPA considera que un ndice de menor de 100 es satisfactorio, mientras que . In the case at hand, the trial court orally made his findings of voluntariness on the record. He ejected the spent casings because the gun sometimes did not work. App. But they also wanted them to realize that even faking it wearing gang jewelry or flashing hand signs could get innocent students in trouble with the real thing. Saunders v. State, 840 S.W.2d 390, 391 (Tex. Mendieta v. State, 706 S.W.2d 651, 653 (Tex. 5951 North Main Street, Fort Worth, telfono, horarios de apertura, imagen, mapa, ubicacin. Most street gangs, Phone: 817-815-3480. Law enforcement agencies within the region also report a significant presence of Gangster Disciples, Latin Kings, and Peckerwoods. Several large-scale investigations that resulted in multiple arrests and drug The eventual all-out war that erupted in 1993 was fought mostly in the streets of Stop Six and Polytechnic Heights. Every color that you see here is being worn by a gang.. In his first two issues, Tirado argues that the trial court erred in refusing his request for charges on the lesser included offenses of aggravated assault and criminally negligent homicide. If you're concerned about the recent violence, clear your schedule and come be part of the solution. Con el fin de reducir los riesgos de accidentes, el programa de reparacin de viviendas para personas mayores entregar hasta $10,000 para aquellos que necesiten mejorar su casa. 55th Street Bunch. Vertigo, both of which focused on Gulf Cartel members who operated cocaine and methamphetamine HIDTA region. Saunders, 840 S.W.2d at 391-92. If evidence from any source raises the issue of a lesser-included offense, an instruction on that offense must be included in the court's charge. more than 2 gallons of liquid PCP, approximately 4,000 MDMA tablets, 30 pounds of The record was reduced to writing by the court reporter and filed with us. Blah Anyway as you. Tirado argues that a question remains as to whether the shooter, either himself or Frank, had the intent to kill someone or to cause someone serious bodily injury. 2008. I do see that the gangs are moving into crimes that are less violent, harder to prove, that are more complex and require even more resources to prove, said Pamela Boggess, Tarrant County prosecutor. The two operations resulted in the arrests than 40 drug traffickers with links to the Gulf Cartel in several states, including There are two ways in which the evidence may indicate a defendant is guilty of only a lesser offense. Rudy could not have survived, even with immediate medical attention. To Top Gang members of all ages use social media and video-sharing websites to brag, recruit, promote, and antagonize, the DPS assessment reports. 51.095 (Vernon Supp. Tirado said these gang members were crazy, although he did not know them. Crim. These Asian criminal groups and gangs obtain 1996); Reeves, 969 S.W.2d at 488. Windus Auto Collision Specialists . They distributed gallon quantities of PCP and multipound quantities of marijuana 1997, pet. Crim. And its not just police work thats made the difference its former gangbangers whove seen the light and come back to try to keep others from following their path. Just as in Forest, by Tirado s own testimony, it is clear that the shooter, whether Tirado or Frank, intended to at least cause serious bodily injury to Rudy. active in drug trafficking, but not to the level of the Vietnamese criminal groups. Cheryville 13. And last month, police officers called to evict suspected gang members from a West Fort Worth apartment complex discovered hundreds of stolen checks, bills, apartment applications, car registrations, and tax records linked to cases of stolen identity and rifled bank accounts in a half-dozen cities. Tirado then sniffed more octane booster. Tirado stated he did not know who or what he hit with the shots. Forest, 989 S.W.2d at 367. App. This cartel maintains control of the lucrative smuggling routes through Nuevo Laredo/Laredo, Juan Carlos Tirado was charged with the murder of Rudy Gutierrez. Many of the shootings were drug-related, Muhammed said. Texas--and cultivate cannabis locally for additional quantities of the high-potency Ann. Crim. Organizations, Criminal Groups, and Gangs. Texas and Oklahoma. Find address, phone number, hours, reviews, photos and more for Tacos El Barrio - Restaurant | 2705 NE 28th St STE 108, Fort Worth, TX 76111, USA on usarestaurants.info Saln de belleza. Archive System by PrimeSite Web Solutions. Some current and former gang officers credit the truce with reducing gang violence in the city. Judge Reed again stated that Tirado did not appear to be under the influence of intoxicants. VArrio centro NIggaz. App. VArrio centro NIggaz. At a time when 80 percent of Fort Worths school kids name hip-hop as their music of choice, Meadows knows that gang-related videos and attire are just as attractive to the white kids from the upscale homes around Texas Christian University as to minority kids in the neighborhoods stretching down Berry Street to the east. App. Falcon and Miguel were both members of the Varrio Centro gang. When the exact same findings were submitted, the court held that the findings by the trial court were too conclusional. If the intent was not there, he argues he is entitled to a charge on the lesser offense of aggravated assault. Again, no one was present in the office other than the judge and Tirado. Both aggravated assault and criminally negligent homicide can be lesser included offenses of murder. He acknowledged that he agreed to back up Frank and accompanied him to the house, knowing that Frank had a gun and that Frank was going to the house to shoot someone. Gone are the racial imperatives that still dominate the gang mainstays in Los Angeles, Miami, and New York. Members are tattooed across the upper half of their bodies and on their foreheads. See Nichols v. State, 810 S.W.2d 829 (Tex. Below is a list of the board members and property manager for Barrio Centro At Fort Lowell HOA. Tirado s homeboy, Miguel, lived across the street. A second phase of Project Reckoning led to the arrests of more This group stored a variety del Museo de Arte Moderno de Fort Worth (Texas . There are no posts. It is named for American humorist and writer Will Rogers. Barrio Centro on Fort Lowell is a neighborhood of homes in Tucson Arizona offering an assortment of beautiful styles, varying sizes and affordable prices to choose from. 1996). La investigacin tambin mostr que el porcentaje de latinos que hablan espaol en casa disminuy del . Provost ran after the boys; and when they ran off, Provost decided not to pursue them. A lot of the gang leaders that I knew that used to be in this section are locked up or dead, he said. Barrio Pobre 13. (See Table 7.) He continued walking until he reached his house. All the kids know about the Bloods and the Crips. According to his written confession, Tirado and his companions agreed to back a Varrio Centro gang member who was having problems with someone down the street. who shipped multiounce quantities of the drug to Dallas through commercial shipping The Will Rogers Memorial Center (WRMC) is an 120-acre (0.49 km 2) American public entertainment, sports and livestock complex located in Fort Worth, Texas. As part of Project Reckoning, MDMA in Oklahoma, some Asian criminal group members are establishing relationships Because there was no evidence directly germane to the lesser-included offenses of aggravated assault or criminally negligent homicide, it was not error for the trial court to refuse those instructions.

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