EXCLUSIVE: Emmy nominee shortlisted for playing gangster was 'macho' meth-dealer who shot man for showing 'disrespect' by being on his 'turf' and beating him in a fist fight

• Richard Cabral is in running for a Primetime Emmy on Sunday night for role in American Crime - in same category as Bill Murray and Damian Lewis
• Cabral, 31, has been open about his criminal past as a gang member but details of his crimes have never been fully revealed
• Daily Mail Online can disclose he was charged with attempted murder after shooting a 20-year-old who he challenged for being on his 213 gang's 'turf'
• Cabral, then 20, was already known to police as a meth dealer 
• Witnesses were too scared to speak and eventually Cabral pleaded guilty to lower count and turned his life around
• Now reformed, and a married father of one, he has played gangster roles instead of spending adult life in prison as a gang-banger 

By Paul Thompson In Montebello, East Los Angeles, For Dailymail.com

Published: 13:35 EST, 15 September 2015 | Updated: 16:06 EST, 15 September 2015

Never in the 67-year history of the Primetime Emmy awards has there been a nominee quite like Richard Cabral.

A reformed criminal who became a gang member at the tender age of 13, he was hooked on crack cocaine at 15 and, aged 20, faced spending life in jail for attempted murder.

The heavily tattooed former gang member - who once reveled in the nom de guerre of Joker - has never made any secret of his violent past or made excuses for it. 

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Shortlisted: Richard Cabral is one of five actors in contention for the Outstanding Supporting Actor in a Limited Series or Movie Emmy. His role as a gangster in American Crime is eerily close to his past life

As he was: The mugshot of Richard Cabral taken when he was arrested for attempted murder and other gang offenses and (right) previously when he was a student of the local high school

Cabral has also admitted it was the terrifying prospect of spending most of his life behind bars that saw him reject a life of crime in East Los Angeles and turn to acting instead.

Since then, he has been praised for turning his life around and forging a successful career - the latter culminating in an Emmy nomination for Best Supporting Actor in the TV series American Crime.

In it, he plays the role of criminal Hector Tontz. And the actor is now set for his movie breakthrough - this time playing Joker, a Mexican gang enforcer, in Mel Gibson vehicle, Blood Father.

Joker is the same name Cabral had during his membership of the 213 gang in Montebello when he was arrested.

Cabral, 31, has never talked in detail about the violent crime he committed other than to say he got caught up in gang warfare.

Now for the first time Daily Mail Online can reveal the full details behind the attempted murder charge that saw him facing a 35-year sentence.

According to court documents, reformed character Cabral shot his 20-year-old victim simply because he felt 'disrespected'.

Chillingly,  the shooting was also carried out to prove that he was a 'main player' and not afraid to kill to leaders of a Mexican gang.

Crime scene: Richard Cabral was arrested after a brawl in front of this apartment block - which started when he asked Joseph Torres, 20, was a member of a gang - and held on attempted murder charges.

Documentary proof: Court documents seen by Daily Mail Online which show how Cabral had the same gang nickname as his character in the upcoming Blood Father

Further court documents reveal that his victim Joseph Torres was so scared of reprisals that he lied in court and denied Cabral shot him.

'He was an enforcer for the gang and was considered very violent,' said Detective Sgt Julio Calleros, who was involved in Cabral's 2013 arrest.

'He was pretty notorious in the area and like most 213 gang members he always carried a gun.

'We suspect he carried out a lot of violent crimes, but not everyone wants to give evidence so most goes unreported.'

Court documents obtained by Daily Mail Online paint a vivid picture of how he picked the fight that led to the shooting - and the attempted murder charge.

Police in Montebello, which sits about 25 miles from downtown Los Angeles, already knew him from an arrest two years earlier when he was caught selling crystal meth.

Having served a year in jail, he was soon back on the streets in his role as an enforcer for the Mexican gang where he was known by the moniker 'Joker'.

With another gang member, Greg Duran, known in the Montebello underworld as Demon, Cabral was spray painting an abusive message about a rival gang after midnight on 25 March 2004.

True crime: The real book record for Richard Capral, which shows how he was held on $75,000 bail for the alleged attempted murder. It was alter plea-bargained down, cutting the 35 years he faced to 27 months

Pride: Carlos Valtierra, the grandfather of Richard Cabral, tells Daily Mail Online: 'He is a good boy and he is a good actor. He did get into trouble but that was a long time ago. That is all behind him now.'

Still visible: The 213 gang, of which Richard Cabral was a member, has been largely expunged from the City of Montelbello, especially its graffiti tags, but a sticker on a stop signs shows it is still present

Lawmen: Detective Sergeants Alfred Martinez and Julio Calleros of the Montebello Police Department arrested Richard Cabral. Det Sgt Calleros had forgotten Cabral until he saw him in an episode of TV series 'Southland'

As he walked down South Spruce Street towards the gang's headquarters, he spotted 20-year-old Torres who was sitting outside an apartment block chatting to friends.

According to witness testimony at a preliminary hearing held on 24 October 2004 in Los Angeles Superior Court, it was Cabral who initiated the fight.

Torres said he watched from a distance of about 75 yards as Cabral and Duran 'tagged' a wall with graffiti.

No words were spoken until Cabral, who was slightly built, approached the much larger Torres and demanded to know what gang he was a member of.

Court documents reveal Cabral told Torres he was on 213 gang turf before asking him which gang he belonged to.

Torres replied: 'I don't f****** bang' – street talk for not belonging to a gang. 'I told him I don't bang, and then he said "What did you say?".'

Cabral immediately punched him the face, according to Torres' testimony, and the pair ended up wrestling on the ground exchanging blows.

As they rolled around on the sidewalk outside a two-story apartment block, Torres, who weighs more than 200lbs, quickly got the better of his smaller opponent; kneeling on his chest and raining blows on his face.

'We ended up on the floor, and I was on top of him hitting him, and his friend came up and kicked me in the face,' he said.

'I started swinging at him, and he got back up and he started fighting me again. I was fighting with both of them.'

The preliminary hearing was told that someone in the crowd shouted: 'Hey, the cops' and Torres and Cabral quickly separated.

Torres was bleeding heavily from a cut above his eye while Cabral appeared to have emerged unscathed from the brawl.

Witness Cesar Ramirez told the court Torres was walking away from the fight when Cabral turned and yelled: 'Come here'.

As Torres turned, Cabral fired two shots from a handgun. One shot hit a nearby door frame - but the other hit Torres in the stomach just under his rib cage.

Torres said he didn't know he had been shot at first and only realized when he lifted his blood-stained sweatshirt to see a gaping entry wound.

Recalling the moment, he said: 'I ran to the bathroom and I lifted up my sweatshirt, and I had a hole in my stomach. I was bleeding from it.'

He spent a night in hospital, but told the court surgeons decided to leave the bullet inside, as they would do more damage if they tried to remove it.

The morning after being shot, Torres identified Cabral as the man who shot him from a mug shot photograph.

Art imitating life: Richard Cabral as Hector Tontz, a gangster who is arrested in the course of American Crime

Breakthrough role: Richard Cabral (shirtless) in Southland, the part which was when he was seen by the officer who had arrested him. The show is popular among cops in LA

Under cross-examination by Cabral's lawyer, Csaba Palfi, Torres admitted that he had replied to Cabral's question about being a gang member 'with attitude'.

'I won't back down from nobody,' he told the court. 'I ain't no punk'.

Torres admitted that Cabral was almost half his size and, when asked why he was willing to fight someone much smaller, replied: 'If he has the balls to hit me. I mean, why not?' 

Cabral, who wore a blue prison jump suit during the hearing at Los Angeles Superior Court, did not speak or give any evidence during the hearing.

Torres and Ramirez, despite their earlier statements, were so terrified of reprisals, they stood in the court and claimed Cabral was not responsible.

Indeed, when Torres was asked outright if the man who shot him was in the court – he denied Cabral was the person who tried to kill him.

His friend Ramirez, who also had told police Cabral had fired the shot and identified him from a mugshot book, said the same.

Asked by Deputy District Attorney Paul Kim if the shooter was in court, he replied: 'I wouldn't recognize him.'

When Kim insisted the witness turn and look at Cabral, Ramirez shook his head and said: 'Nah, I wouldn't recognize him.'

Ramirez later admitted that he was scared and did not want to appear in court to give evidence against a known gang member.

In his initial statement to Detective Juan Calleros, Ramirez claimed Cabral had said: 'This is my hood. Where are you from?'

But when he stood in the witness box, he denied making the statement - although he later admitted that he was concerned about his safety

Reformed: Richard Cabral is now a successful actor and married father of a young daughter

Happy family: Richard Cabral and his wife Janiece Sarduy, who is herself and actress and producer

'I just don't want to be here. I do live in the same city, same place. Wouldn't you be in the same situation as I am right now – scared?' he said.

When asked to explain why he was scared, Ramirez qualified: 'Not scared. I meant I'm worried about my safety.'

Det Calleros, an officer with 18 years experience, described to the court his initial conversation with Ramirez the morning after the shooting. He said Ramirez clearly identified Cabral as the shooter.

Calleros told the court when they searched Cabral's home they found gang-related material, including photos depicting gang activities, and notebooks on gang graffiti.

Another detective Alfred Martinez, an expert in Los Angeles gangs, gave evidence to the court describing the Montebello 213 gang and their membership.

He said he was familiar with Cabral as being a gang member, having previously arrested him for possession of crystal meth.

Martinez told the court the attack on Torres was carried out by Cabral on behalf of the 213 gang.

He said Cabral would want to send a warning to others not to come into 213 territory while also signalling that he himself was a 'main player'.

'If they cause harm, the gang members in their own gang would see this as "hey, these are the guys who are the main player. These guys are stepping up for our gang",' he explained.

Happy together: Janiece Sarduy and Richard Cabral at a Screen Actors Guild even this year. Ten years ago he was in prison, now he is on the verge of one of Hollywood's most prestigious awards

'And this gets out to the neighborhood. It gets to the citizens who are not involved in the gangs.

'It gets out to the friends, and by spreading all this, the action they have caused, they spread it to the neighborhood.

'When gang members start doing drug activities and graffiti, none of the residents will report this due to the intimidation, [and] fear the gang members will cause harm to them as they did to the victims of other crimes.'

Asked about the reason Cabral shot Torres, he said: 'To show the intimidation. To show this specific victim "hey, you are in this area. This is our neighborhood."'

Cabral's lawyer attempted to argue that the Deputy DA had failed to provide enough evidence for an attempted murder charge to stick.

He suggested Cabral be charged with attempted voluntary manslaughter and argued that Torres was to blame by being provocative in saying: 'I don't f******' bang.'

Transcripts of the preliminary hearing show Judge Joseph Brandolino thought otherwise.

He dismissed Cabral's attempt to avoid being tried for attempted murder. He accused both witnesses, Torres and Ramirez, of deliberately lying by not being able to identify Cabral as the shooter. 

Gang background: This was the home in Montobello where Richard Cabral was living when he shot another 2-year-old after losing to him in a street brawl

Redemption: Richard Cabral was saved from the gang life at Homeboy Industries, a charity which tries to put gang members on the straight and narrow. He was a chef at the charity when producers came looking for a someone who could play a gangster and spotted his tattoos

BILL MURRAY AND DAMIAN LEWIS: THE FORMER METH DEALING GANGSTER UP AGAINST THE A-LIST

Richard Cabral is nominated for an Emmy this Sunday in the Outstanding Supporting Actor in a Limited Series or Movie category.

It puts him up against some of Hollywood's biggest names - including Bill Murray, who was Oscar nominated in 2004, and Damian Lewis, who won a Primetime Emmy in 2012 and a Golden Globe in 2013 for playing Nicholas Brodie in Homeland.

Cabral is up against: 

Denis O’Hare, American Horror Story: Freak Show (above)

Finn Wittrock, American Horror Story: Freak Show (above)

Michael Kenneth Williams, Bessie (above)

 Bill Murray, Olive Kitteridge (above)

Damian Lewis, Wolf Hall (above)           The Primetime Emmy Awards are broadcast on Fox on Sunday, 8pm ET / 5pm Pacific   

'I do not believe them when they say here on the stand and indicated they did not, were not able to identify the defendant,' he said.

'I believe from my observation of their demeanor they were afraid, that their failure to identify the defendant was based on fear of reprisal, and make no mistake about it, Mr Torres is someone who seems to have a lot of macho in him.

'But even with that, which may in the court's view go to how serious the threat by this gang or this defendant is, but I think he's afraid personally of identifying this defendant in court in front of him.'

Judge Brandolino said he was convinced Cabral was a gang member and that he shot Torres when the fight had started. 

'We have a situation where the defendant and whoever he was with could have run away,' he said.

The judge said Cabral should go to trial on the three charges of attempted murder, assault with a firearm and assault with a deadly weapon.

Detective Sgt Calleros, who now has 30 years experience as a police officer, said it was not unusual in gang-related shootings for witnesses to suddenly change their story.

'There is a lot of intimidation that goes on and people are afraid of reprisals. We had to do a lot to get the shooting victim appear in court for the preliminary hearing. He did not want to come to court.'

Cabral was remanded in custody on $500,000 bond. He spent a year in jail while his case percolated through the Los Angeles court system.

Then, the day before he was due to stand trial on 3 March 2005, Cabral accepted a plea deal that saw the attempted murder charge dropped.

In return he pleaded no contest to the third charge of assault with a deadly weapon and was jailed for four years.

Cabral has said in previous interviews that it was while he waited in prison for his trial that he began to despair after seeing others handed lengthy sentences.

The prospect of spending most of his adult life in prison led him to seek the plea deal  - knowing he would serve jail time but be out before he reached the age of 30.

As part of the plea deal, the time he spent on remand awaiting trial was taken into consideration and he ended up spending a total of 27 months behind bars.

Cabral spent most of his time at a state prison in Lancaster,California, where it is believed he got most of the tattoos that cover his neck, arm and body.

Calleros says he had forgotten all about Cabral until he saw him in an episode of the TV series 'Southland' – a gritty drama on the TNT cable channel revolving around the lives of police officers in Los Angeles.

Cabral had been picked to play a LA 'gang banger' in 2009 after producers of the series visited Homeboy Industries, a charity that offers jobs to former gang members seeking a new life.

He was working in the organization's bakery, where, thanks to his intricate tattoos, he stood out enough to be given a single line of dialogue in one episode.

Cabral has said he was instantly hooked and took acting lessons as well as getting an agent.

Other parts followed, including an appearance in a Bruno Mars music video and the horror film 'Paranormal Activity.'

He also starred in End of Watch with Jake Gyllenhaal, an action movie about LA police facing down a violent Mexican gang.

While he has played the part of an LA gang member in nearly all his roles, Cabral clearly has no qualms about being typecast.

Indeed it was his role as a thug in American Crime opposite Timothy Hutton and Felicity Huffman that has put him on the map in Hollywood.

His performance as Hector Tontz was widely praised and had led to the Emmy nomination.

The ABC TV series received rave reviews with critics impressed by its look at the different points of views of all those involved in a violent crime.

With many Emmy voters in Hollywood known to look kindly on stories of redemption Cabral is a favorite to pick up the Emmy at the ceremony in September.

His faces tough competition for the award from Bill Murray for Olive Kitteredge and Damian Lewis for the historical drama Wolf Hall.

Despite their shared history, Det Calleros says he is thrilled that Cabral has managed to turn his life around.

He said many of Cabral's former colleagues from the 213 gang are either dead or serving lengthy jail sentences.

'What Richard has done is one in a million,' he said.

'Not many people who were in gangs can make such a clean break and get on with their lives. I applaud him for doing that.'

Calleros said he was initially stunned to see Cabral while watching Southland.

'I thought to myself "I know him". I looked him up afterwards and recognized him as being involved in the shooting.' 

His colleague detective Alfred Martinez said he too was shocked to see Cabral on TV in Southland – a favorite TV show with serving LA police officers.

'I sort of recognized him and knew him more by his street name of Joker.

'I remember we had arrested him in 2002 for selling meth. A colleague and I were on the roof of a nearby building and watched as he sold the baggies.

'When saw that he was keeping the meth in his shoe, we approached him and patted him down and found nothing.

'I think he thought he was going to walk away and as we go to our car my colleague said: "We just have to search one other place - your shoe".'

'He was very surprised but he did not resist arrest. I am pleased he has done something with his life.' 

Cabral's old stomping ground is no longer covered with graffiti, after the city of 80,000 people adopted a zero tolerance approach to gang activity.

Emmy hopeful: On Sunday night Richard Cabral, 31, will discover if he has competed the unlikely journey from gang member facing his adult life in prison to acclaimed actor

Full charges: Documents which show the premeditated murder charges against Cabral when they were brought

Appearance: Two of the counts against Cabral as he appeared in court on 8 November 2004. Eventually he was sentenced to five years in prison and released after 27 months because of time served on remand.

A clean-up crew, which erases all traces of gang markings as soon as they appear, has also been engaged by authorities.

But memories remain, not least in the street where Cabral shot his victim where a single sticker with the numbers 213 adorns a stop sign at the end of the road.

For his part, Cabral still lives in East Los Angeles and occasionally returns to Montebello to visit his grandparents, Carlos and Lupe.

His 82-year-old grandfather told Daily Mail Online that he couldn't be prouder of his grandson.

'He is a good boy and he is a good actor,' he said outside the home where Cabral spent most of his teenage years.

'I am so pleased for him. He did get into trouble but that was a long time ago. That is all behind him now.' 

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