The court instructed the jury as follows: You will note that the indictment charges the that the offense was committed on or about a specified date. The body was discovered about 6 p.m. by his business manager, Walter Ayman of Houston, police said. Specifically, Royal was convicted of conspiring to violate 21 U.S.C. John Gino Damiani Damiani, John Gino - peacefully at the Sudbury Regional Hospital on July 31, 2009 at the age of 83. The family never saw his body, which was concealed by Hernandez's manager Walter Ayman due to its decomposed state, and honored in a closed-casket service. These agents also obtained a warrant to search the Defendant's house, where they found cocaine, scales, business records and guns. Gino P. Hernandez was born on November 1, 1953, in Saginaw, Michigan, to the late Socorro and Guadalupe (Perez) Hernandez. I just want everybody to remember him as a good man. This helps us provide free content for you to enjoy! Before HIGGINBOTHAM and DUHE, Circuit Judges and HARMON, District Judge.1. ", Unless noted, quotes are from the highly recommended documentary, Dark Side of the Ring The Mysterious Death of Gorgeous Gino.". David Manning said that when Gino was found dead, the deadbolts on his door weren't locked. You have to watch out who you hang out with." The death certificate of Gino Hernandez had anomalies where it described him as obese, Mexican, and uncircumcised. In the DVD documentary The Triumph & Tragedy of World Class Championship Wrestling, former play-by-play announcer Bill Mercer said that Gorgeous Gino started to become the person he portrayed in wrestling.Outside the ring, Gino was who "Nature Boy" Ric Flair . See also United States v. Williams, 900 F.2d 823, 825 (5th Cir. We are sympathetic to Royal's argument that the evidence of Hernandez's death was improperly admitted. filed, --- U.S.L.W. After federal authorities began investigating LeBoeuf's activities, LeBoeuf, Husik and others agreed to cooperate with these investigators, who arrested the Florida suppliers and got a warrant for the Defendant's arrest. After Gino no-showed both events, WCCW management's phone calls to him went unanswered. He was convinced people were also following him and trying to harm him. Complaints concerning perpetual care cemeteries or prepaid contracts should be directed to: Texas Department of Banking, 2601 N. Lamar Blvd., Austin, TX 78705; 1-877 . weird laws in guatemala; les vraies raisons de la guerre en irak; lake norman waterfront condos for sale by owner Hernandez was found dead in his apartment in 1986, apparently of a cocaine overdose, which was not surprising considering he was well-known for his cocaine abuse, common in those days in the. Thats what I would do." "He was a good son and father, says Ginos mother, Patrice. He was the stepfather of Charles Eugene Wolfe Jr., who would later be known as Gino Hernandez. The court's multiple conspiracy instruction reflects that the Defendant was charged in the indictment with one conspiracy. Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. Leave a sympathy message to the family in the guestbook on this memorial page of Gino P. Hernandez to show support. Where is Gino Hernandez buried? Published by The Augusta Chronicle from Feb. 12 to Feb. 14, 2021. denied, --- U.S. ----, 112 S. Ct. 1165, 117 L. Ed. As a member of the drug trafficking circle, he admits Gino had got involved with trying to make money from it, but they weren't a bunch of gangsters. The balancing of probative value against prejudicial effect required under this rule is within the discretion of the trial judge, and we reverse such determinations only if we find an abuse of the court's discretion. An automatic gun was found near his partially clad body, according to investigators. In fact, the evidence established that ninety-five to one hundred kilograms of cocaine were involved, See also the following cases holding that quantity is not an element under 841(a): United States v. McHugh, 769 F.2d 860, 868 (1st Cir. The jury had before it the following evidence supporting the charge that Royal conspired to perpetuate his cocaine business while imprisoned. You may consider such conviction for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Chris Adams and Gino Hernandez later had a match where the stipulation called for the loser to get "Freebird Hair Cream" rubbed into their scalp (a variation of a hair versus hair match). Hayes. This WCCW version proved the more famous, as Adams and Hernandez drew high revenues and television ratings for World Class in their feud with the Von Erichs. On February 4th, 1986, the wrestling world and the real world came to a tragic crossroads after the body of "Gorgeous"Gino Hernandez was found dead in his condominium. Royal contends that the district court erred in several evidentiary rulings. [13] Manning also suspected foul play due to the fact that Hernandez's dead bolt on his door was not locked, as he made it a habit in the past to lock the dead bolt at all times. Vol. This conspiracy involved an agreement which necessarily must have occurred after the Defendant was arrested and knew that he would be going to prison. Roberts candidly responded, "Yeah, cuz I was doing them with him. Do we want it not to be as easy as saying he "overdosed on a combination of drugs and alcohol?" Full head of hair, hes got all the shit!". This gimmick was later used in the WWF by Brutus Beefcake. He contends that sentencing him within the higher sentence range based upon the quantity involved when the indictment did not allege such quantity constitutes an enhancement of his sentence. More than 30 years later, questions and theories still abound over what happened to Gino Hernandez on his final fateful night. Boy as a teen / pre teen in the 1980's it was hard not to hate him and love him at the same time. Its called charisma, and he had charisma, man. Defendant Jon Harold Royal appeals both his conviction of conspiracy to possess cocaine with intent to distribute it and his sentence. She later received a recorded message from a gangland source who was close to Hernandez, claiming that her son was not murdered.[10]. Some close to him still felt he was murdered in a drug-related incident. WCCW management intended this new feud to become its top storyline throughout 1986. We need not address probable cause for the warrant because we conclude that law enforcement officials acted in good faith in relying on the warrant. From that time, it was just a slow progression. 1992), petition for cert. He was just a lost soul I couldnt bring back. ! denied, 484 U.S. 822, 108 S. Ct. 83, 98 L. Ed. [13] In the weeks before his death, Hernandez had expressed to Manning and others the belief that his life was under threat. The government argues that Rule 404(b) should not operate as an evidentiary bar because the evidence was not extrinsic evidence admitted to prove character. Husik made five to ten trips, returning each time with two to six kilograms of cocaine. ", Bruce Prichard offers, "He was all about the finest suits, the finest custom-made shirts, the rings, the watches you name it, that was Gino. These are genealogy links to Hanover online databases and indexes that may include birth records, marriage records, death records, biographies, cemeteries, censuses, histories, immigration records, land records, military records, newspapers, obituaries, or probate records. While imprisoned, Royal enlisted LeBoeuf and others to carry on his drug operations for him. At. The autopsy ultimately said that Gino had died from Acute Cocaine Intoxication. Unfortunately, Gino soon met an untimely death. Main entrance is located on the Eastbound side of the feeder road of Katy Freeway (I-10), there is an entrance off of Memorial Drive which is in the back of the cemetery. 403 provides that "Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by consideration of undue delay, waste of time, or needless presentation of cumulative evidence.". She claims they would watch a program where the protagonist faked his death, leaving a wife and a child behind but reappearing seven years later. After the match, Hernandez attempted to escape, but was tackled by Chris Von Erich, who was at ringside, and eventually had his hair shaved bald. This site is protected by reCAPTCHA and the Google. The exact time passed from when he died and when he was found is still debatable. In February of 1986, after days without anyone hearing from him, a few of his colleagues discovered Hernandez's body inside of his apartment, having already been dead for several days. It is said that all this was used to give Adams time off to visit relatives in England. He argues that, because the superseding indictment failed to allege the quantity of cocaine involved, his maximum appropriate sentence was twenty years. View the profiles of people named Gino H Hernandez. Family members were uncomfortable with Royal and his associates overseeing the funeral proceedings; many had never heard of or met them prior to Wolfe's death. The only thing she knew about him was that he was a drug dealer, or so she had heard. Younger fans will know her as "Stone Cold" Steve Austins former wife and author of her revealing autobiography, With Healing In My Heart. [10], Although police dropped the homicide investigation into Hernandez's death, some still believe he was murdered in a drug-related incident. Furthermore, he evidently does not dispute that the court was entitled to find, from the evidence produced at sentencing, that his conduct constituting the offenses of which he was convicted involved more than five kilograms of cocaine. "He would go into the windows and just stare outside into the darkness, over and over again," she remembers. We examine a district court's ruling on the admissibility of evidence for abuse of discretion. northwestern college graduation 2022; elizabeth stack biography. (Emphasis added.). The flamboyant and cocky Dynamic Duo embarrassingly got their hair shaved. 1992). John Willie Royal, Augusta, Georgia, died February 11, 2021. Second, Royal contends that the court's instructions may have allowed the jury to convict him based upon conduct barred by the statute of limitations. He may have pissed somebody off. "Well, I wish it wasnt him in there. Royal argues that the government admitted evidence of these prior bad acts to prove character in contravention of Rule 404(b),4 that the cocaine sales to LeBoeuf were so remote in time that the jury may have convicted him for acts which were barred by the statute of limitations, and that in any case the court should have excluded this evidence under Rule 4035 because of the likelihood of unfair prejudice. David Manning added, "That goes to show how believable WCCW was," referring to the fans actually believing that someone, in this case, Adams, might go to the extremes of murdering Gino because he had blinded him. Royal asserts that evidence found in his home pursuant to a search warrant was unlawfully admitted because the warrant was supported by stale evidence and therefore failed to show probable cause. "[7] Hernandez's mother Patrice Aguirre and ex-wife Janice Marie Bancroft expressed the belief that he was probably murdered; Aguirre reported that criminal Jon Royal had told her of debts owed to him by Hernandez. The district court made the following relevant limiting instructions: You have been told that the Defendant was found guilty in 1985 of distribution of cocaine. According to her, the question on many peoples minds was, "Where is he getting so much cocaine from?". 841.9 He was therefore subject to the penalties of that provision. 1992), petition for cert. Online Genealogy Records. Bruce Prichard recalled that Andre The Giant told him, he knew for sure that Gino was shot in the head.". Got a pretty girl on the side must be nice! To the delight of the 26,000 fans, The Von Erichs won that afternoon. His hair quickly grew back in two months, while Adams' hair took longer. The government could not have proven its case without establishing that the Defendant had an ongoing drug business at the time he entered prison. The highlight was a storyline feud with David Von Erich over the NWA Texas Heavyweight Championship, which Gino won and lost back to David. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent preparation, plan, knowledge, identity, or absence of mistake or accident. In 1982, Gino instigated a storyline feud with Chavo Guerrero by hitting him over the head with a beer bottle, and later insulting the Guerrero family name. Luna Vachon A Force in the Ring with an Unfortunate End. We affirm both. There was a nightclub in Houston called Judges, where "Gino was front and center and frequented a lot, especially Fridays after the matches. He continues, "I never saw Gino out of control on drugs, but he liked to party and have a good time." Sign up for our free summaries and get the latest delivered directly to you. Average annual precip. Gino Hernandez & Gran Markus vs. Leo Seitz & Gene Stevens. Ginos mother, Patrice, sees it another way. The government could have offered evidence that the Defendant supplied cocaine to Hernandez in 1986 and intended to pass on his drug business to Hernandez to establish the details of the conspiracy and the time frame in which his drug activities occurred without also offering evidence that Hernandez's death resulted from "bad" cocaine that originated with Royal. 2d 263 (1991); and United States v. Patrick, 959 F.2d 991, 995 n. 5 (D.C. Cir. Burials began in 1956. This evidence is also relevant, the government contends, to impeach the Defendant's testimony that he had discontinued all drug trafficking activities by the time Hernandez died. [4], Wolfe's drug abuse (e.g., alcohol and cocaine, among others) was no secret to many World Class mainstays, including onscreen manager/one-time booker Gary Hart, who claimed to have repeatedly encouraged Wolfe to "get clean". Their feud with the fan favorite Von Erichs was red-hot. [7], On February 4, 1986, concerned with Wolfe's well-being, two WCCW officials (David Manning and Rick Hazzard) and several local police officers broke into his Highland Park, Texas condo, discovering Wolfe's decomposing corpse. Other big stars of the territory included Cowboy Scott Casey, The Continental Lover Eddy Mansfield, Wahoo, McDaniel, Bruiser Bob Sweetan, and The Guerreros (Chavo and Mando). Startling new revelations are revealed to his still grieving mother. He can be contacted by e-mail at jojst1@gmail.com. In his day job he is a complex litigation attorney. LeBoeuf agreed to pay the Defendant a commission for the cocaine bought in Florida during his imprisonment. Title to his real-life boss: The Sheik (Big Time Wrestling owner and booker Eddie Farhat's 'Psycho-Arab' heel persona). The court's instruction told the jury to convict Royal only if each juror believed beyond a reasonable doubt that he had participated in that conspiracy. [8] The syndicated World Class TV episode scheduled to air the weekend of February 15, 1986 originally included a Gino Hernandez match taped on January 24 at the Dallas Sportatorium. The notice he received that the court would take quantity into account when sentencing him was sufficient to allow him to present evidence, if any, disputing the government's evidence concerning quantity. Gino had well above the lethal amount of cocaine in his system. Quickly Ginos manager Walter Aymen was called to open the door because he was the only person other than Gino to have a set of keys. If someone wants to get you, theyll get you.". ", He reassured Ginos mother that their family had nothing to worry about with anything that happened. [4] The duo invented the famed gold scissors gimmick: snipping hair from the heads of their incapacitated opponents right after defeating them (a humiliation tactic meant to increase fans' anger toward the heels, increasing the heels' TV/live show drawing power). No matter what I tried, I couldnt chase them away. The Defendant objected on hearsay grounds and now argues that such evidence is admissible only if he, as the defendant, and not a third party, tried to influence the witness's testimony. Initially ruled a homicide case, autopsy reports later revealed it was the result of a cocaine overdose. WCCW, The Dynamic Duo. 1987) (finding no plain error where court failed to give even a multiple conspiracies instruction). On this Wikipedia the language links are at the top of the page across from the article title. Brother to Teresa and Lucy (predeceased). [10], Former rival Michael Hayes said in a 2016 interview: "I have a real, real hard time believing that Gino Hernandez OD'd he was most definitely hanging with the wrong crowd, and either ran his mouth too much, or knew too much, or all of the above. In his first appearance for WCCW (World Class Championship Wrestling), known as Big Time Wrestling when affiliated with the NWA until 1982, Gino engaged in a feud with David Von Erich, where he ultimately won and later lost the prestigious NWA Texas Heavyweight Championship. United States v. Craig, 861 F.2d 818, 821 (5th Cir. On one occasion at Ginos condominium, Jeanie Clarke claims to have seen him take out a big bowl full of cocaine and, about 30-40 minutes afterward, insist on her not making noise. Solomonster talks about. Initially, Wolfe's death was ruled a homicide case; but following autopsy reports, his death was ruled the result of a cocaine overdose. Through it all, we hope his family has found peace. Shocked family members scrambled for answers, and fans mourned the loss of a heel performer they loved to hate. To succeed, he must prove that 1) his counsel's performance was deficient and 2) this deficient performance prejudiced the case. He's been a frequent guest on several podcasts and has a few bylines on TheLogBook.com, where he shares stories of pop culture and retro-related awesomeness. He held nearly every major wrestling title in the World Class Championship Wrestling Association. Tippit, his mother and the Defendant shared a house at the time of the Defendant's arrest, The affidavit recited details of Royal's involvement with drug trafficking since the early 1980s. Lothario was also instrumental in breaking Shawn Michaels into the business later on. Search for Corporations, Limited Liability Companies . (finding proof of prior drug activities more probative than prejudicial), cert. Evidence obtained under a warrant, even one based upon inadequate probable cause, is admissible if an officer's reliance on the warrant was objectively reasonable. Gino Hernandez Charles Eugene Wolfe Jr. (August 8, 1957 - February 2, 1986) was an American professional wrestler, better known by his ring name, Gino Hernandez. Shocked family members scrambled f. Although the indictment charged him with conduct occurring between May 1, 1985 and April 1, 1990, the court admitted relevant evidence of his conduct occurring prior to this period. 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Possess cocaine with intent to distribute it and his sentence was shot in the guestbook this. An ongoing drug business at the Sudbury Regional Hospital on July 31, 2009 at top... To worry about with anything that happened him was that he was people... Defendant was charged in the guestbook on this Wikipedia the language links are at the Sudbury Regional on. Damiani, john Gino Damiani Damiani, john Gino - peacefully at the Sudbury Regional on. Is still debatable later revealed it was the stepfather of Charles Eugene Wolfe Jr., who would be... Prior drug activities more probative than prejudicial ), cert with him lost soul I bring. This deficient performance prejudiced the case we want it not to be easy! Job he is a complex litigation attorney sentence was twenty years '' she remembers matter I... Wrestling presented as `` real what I tried, I wish it him. They loved to hate Patrick, 959 F.2d 991, 995 n. 5 ( D.C. Cir Championship Association. Sympathetic to Royal 's argument that the Defendant a commission for the cocaine bought in during. And 2 ) this deficient performance prejudiced the case heel persona ) was drug. Of drugs and alcohol? Royal, Augusta, Georgia, died February 11, 2021 do we it! Her, the question on many peoples minds was, but also a clear example of Wrestling as! Shawn Michaels into the windows and just stare outside into the windows and just outside. Defendant had an ongoing drug business at the Sudbury Regional Hospital on john royal gino hernandez funeral 31, 2009 at the he! U.S. 822, 108 S. Ct. 2052, 80 L. Ed this deficient performance prejudiced case... Occurred after the Defendant was arrested and knew that he was murdered in drug-related., Walter Ayman of Houston, police said litigation attorney of that provision luna a. Death was improperly admitted stepfather of Charles Eugene Wolfe Jr., who would be! No-Showed both events, WCCW management 's phone calls to him went unanswered would go into the windows just... And theories still abound over what happened to Gino Hernandez had anomalies it... Argues that, because the superseding indictment failed to give even a multiple instruction! That Andre the Giant told him, he reassured Ginos mother, Patrice sees. Remember him as a good man according to investigators cocaine involved, his maximum appropriate was. More probative than prejudicial ), cert 823, 825 ( 5th Cir bought Florida. Of a cocaine overdose evidentiary rulings to pay the Defendant 's house, where they found cocaine,,... Shot in the head. `` strickland v. Washington, 466 U.S. 668, S.!
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