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A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. PHIPPS, Senior Appellate Judge. Stokes v. State, 355 Ga.App. See id. In fact, Torress trial counsel specifically testified at the hearing on Torress motion for a new trial that he did not file a general demurrer because although the indictment did not name a specific person, one or more video recordings showed several persons at the party. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. Torres and Norton were sentenced on one count each of making terroristic threats and violating Georgias street gang act; Torres was also convicted of three counts of aggravated assault with a deadly weapon. %PDF-1.4
The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. Advertisement. 2052. However, "it [is] within the court's discretion whether to recharge the jury in full or only upon the point or points requested by the jury." Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Despite the multiple 911 calls inspired by Respect The Flags actions, when Douglasville police arrived at the childs birthday party they did not make any arrests. Poole v. State, 326 Ga.App. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. /Info 43 0 R
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WebJose Ismael Torres, 26, was sentenced to 20 years in prison and will serve 13, and Kayla Rae Norton, 25, received 15 years, serving six. Torres was sentenced on three counts of aggravated assault with a deadly weapon, one count of terroristic threats and one count of violating the street gang act. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. 142, 143(1), 834 S.E.2d 139 (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). The bond hearing is set for Monday morning. 1. Notifications can be turned off anytime in the browser settings. I forgive you. According to the witnesses, a few people yelled fk yall ns and shoot em. When someone from the party said, There are kids here, a person from the convoy yelled, Well shoot those bastards, too., The SPLC also reported that after the party (but long before the grand jury indictments), a Respect The Flag sympathizer posted on Facebook that Trust me the last thing you want is a bunch of pissed off rednecks in jacked up trucks and Confederate flags flying to mess up that pretty lawn. Want to keep up with the latest crime coverage? Two others had earlier pleaded guilty to similar charges and received lesser sentences. Credit: Photo provided by Ceciley Pangburn. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. WebTORRES v. THE STATE. Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. (WXIA), A metro Atlanta couple will be spending years behind prison bars after they were convicted of yelling racial slurs at a group of people celebrating a child's birthday party. I forgive you. We likewise find that Torres's threat to shoot the victims in this case suggested the death of the victims, and his five-year felony sentence would be lawful even under the current version of the statute. at 395 (2). News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer In Christian, 347 Ga. App. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. You gamble, you win or you lose.. Please try again. Receive free daily summaries of new opinions from Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. Phipps, Senior Appellate Judge. I am not a mean spirited person and Im sorry for your family that it had to come this far.. Id. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. See id. (WXIA), A metro Atlanta couple will be spending years behind prison bars after they were convicted of yelling racial slurs at a group of people celebrating a child's birthday party. They used racial slurs and threatened to kill some of the party goers. stream
Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Salary will be commen Pringle Quinn Anzano, P.C. See id. Tell the AJC: How do you experience race in Georgia? 621, 627 (2) (760 SE2d 630) (2014) (counsels performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). Count 4 of the indictment charged Torres with the offense of terroristic threats in that he, on July 25, 2015, did unlawfully threaten to commit a crime of violence to persons attending a party at 9037 Campbellton Street by threatening to shoot them, with the purpose of terrorizing those individuals and in reckless disregard for the risk of causing such terror. The indictment closely tracked the language of OCGA 16-11-37 (b),[2] which states that [a] person commits the offense of a terroristic threat when he or she threatens to . According to court testimony, Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were acting as part of a group that called themselves Respect the Flag. On July 24 To meet the second prong, there must be a reasonable probability that, absent counsel's errors, the outcome of the trial would have been different. This claim lacks merit. 361 Ga.App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. WebJose Ismael Torres is on Facebook. When Will South Carolina Take Down the Confederate Flag? I forgive all of you. >>
Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). /E 46291
Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. Where the jury, after having been charged by the court, returns into court and requests an instruction upon a specific question, it is not error for the judge to confine his instruction to the specific point suggested by the jurys inquiry. 45 20
Strickland, 466 U.S. at 687 (III). [3] See Subar v. State, 309 Ga. 805, 809 (2) (848 SE2d 109) (2020) (where indictment was sufficient to survive a general demurrer, trial counsels failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga. App. He wants to be released while his case is under appeal. Join Facebook to connect with Jose Ismael Torres and others you may know. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. WebGet free access to the complete judgment in Torres v. State on CaseMine. The trial court brought the jury into the courtroom and addressed its questions. A jury found Jose Ismael Torres guilty of making terroristic threats, At the sentencing hearing, Assistant DA David Emadi told the judge that They repeatedly yelled death threats saying they were going to killing all the N-. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. What happened to you is absolutely awful.. /Prev 100447
Torres contends that his trial counsel should have filed a general demuurer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). As a result, a general demurrer would not have been successful, and Torress counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4. See Maynard v. State, 355 Ga. App. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). I suppose Confederate flags can be interpreted different ways and in different context. at 394(2), 819 S.E.2d 682, the defendant threatened to stab a man, gang-rape his wife, and shoot up the couple's apartment. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. I am not a mean spirited person and Im sorry for your family that it had to come this far.. In Christian, 347 Ga. App. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. (Getty). Torres and Norton have three children together, although they are not married. TORRES v. THE STATE. The court repeatedly stopped to ask the jurors whether the recharge was helpful, whether the jurors felt they had grasped one concept before the court continued to another concept, and whether the jurors understood certain concepts, to which jurors each time responded affirmatively. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. Only four were charged with felonies. That is not me. OCGA 16-11-37 (d) (1). Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. Roofs murders inspired South Carolina to finally take down the Confederate flag that had flown on its statehouse grounds since the Civil Rights Era and this, in turn, inspired Norton, Torres and just over a dozen other members of a group called Respect The Flag to spend July 24 and 25 driving through majority-minority neighborhoods in a convoy of pickup trucks festooned with Confederate flags. Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. Jose Ismael Torres, 26, will spend 13 years in prison and his partner Kayla Rae Norton, 25, is to serve six years for what a judge described as "actions motivated by racial hatred". 210, 213(2), 699 S.E.2d 392 (2010) (indictment survived general demurrer because it both tracked the language of the statute and described the acts constituting the offense sufficiently to put the defendant on notice of the offense with which he was charged). Summers is serving four years in prison and Henderson is serving two. ", Count 4 of Torres's indictment alleged the essential elements of the offense, tracked the language of the terroristic threats statute, and sufficiently placed Torres on notice of the crime with which he was charged and against which he was required to defend. 149. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." The display of the battle flag hadnt disturbed Alford all that much. xref
Tell the AJC: How do you experience race in Georgia? (citation and punctuation omitted). The judge ordered the two permanently banished from Douglas County once they are released. 0000016559 00000 n
Here, the jury asked for a charge upon a specific point [- the definitions of the offenses -] and the jury was charged upon that point. Id. See also Martinez-Chavez v. State, 352 Ga.App. /Names << /Dests 29 0 R>>
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Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. Well kill all the little (racial epithet)s.. IE 11 is not supported. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Prosecutors say that Norton and Torres started using menacing language. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 2. 0000001815 00000 n
The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a convoy of trucks flying rebel flags, shouting threats at black people, authorities said. Case No. Web3/16/2023 6534034 chavarria jose 3/16/2023 6538208 diaz henry 3/16/2023 6516693 divine mark 3/16/2023 6538167 geghamyan hovhannes 3/16/2023 6540374 gonzalez luis The two were found guilty in February of street-gang terrorism for their roles in the pickup truck convoy, and on Monday McClain threw the book at them. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Alford said Torres and Norton should have pleaded guilty. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Instead, this case was about a group of people riding around our community, drinking alcohol, harassing and intimidating our citizens because of the color of their skin. Fortners statement went on to say that at the childs birthday party, members of Respect The Flag pulled out a shotgun and pointed it at the victims. Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Both wept as the sentences were handed As he handed down the sentence, Judge McClain noted the timing of the incident I dont think its a coincidence that this happened one month after the Charleston shooting, he said, referencing the mass shooting of nine black people inside Charlestons Emanuel African Methodist Episcopal Church. The court repeatedly stopped to ask the jurors whether the recharge was helpful, whether the jurors felt they had grasped one concept before the court continued to another concept, and whether the jurors understood certain concepts, to which jurors each time responded affirmatively. /N 12
In addition, even assuming that the new statutory language applied at the time of Torres's sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events.
X ! Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. They got what they got, she said.
q The jurors made reference to an 18page document, and the reason they did was because I told them during the [full jury] charge, this is going to take awhile, this things 18 pages long, but their question was more specifically targeted at definition of the crimes, which is what they asked for and thats what they got, so I dont think Im required to give them more than what they asked for, but if they had asked for what youre asking for, I certainly wouldve given it to them. 0000005931 00000 n
Listed below are the cases that are cited in this Featured Case. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Torres next asserts that his trial counsel rendered ineffective assistance by failing to file a general demurrer to the terroristic threats count of his indictment. The register of actions The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. We find no reversible error in the trial court's response to the question. 0000000729 00000 n
You may return and deliberate." Fox 5 Atlanta reported that Hyesha Bryant, who was at the party with her three children, said We all have to be held accountable for our actions. /Linearized 1
at 247 (2) (citation and punctuation omitted). The court responded: I respectfully disagree, and I told yall ahead of time what I was going to do, and there was no issue, and this is sort of an afterthefact objection, as far as thats concerned. 0000001512 00000 n
Women, Influence & Power in Law UK Awards 2023, LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, The Art of Entertainment Law: A Conversation with Robert A. Celestin, Buying Legal Council Appoints Jason Winmill as New Chair, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. at 248(2)(a), 756 S.E.2d 322 (an indictment charging terroristic threats without specifying the "crime of violence" that had been threatened tracked the language of the statute and was not fatally defective). Addressing several of the victims who had come to court to witness the sentencing, Norton expressed remorse, saying: I do accept responsibility for what Ive done. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. DOUGLASVILLE, Ga. A Georgia judge sentenced two people to lengthy prison terms for their role in the disruption of a black childs birthday party with Confederate flags, racial slurs and armed threats. 1. They also threatened black shoppers at a convenience store and a Wal-Mart. Torres also claims in a one-paragraph argument that his five-year sentence on the terroristic threats count is void because Count 4 only charged a misdemeanor, not a felony. 84, 88-89(3), 842 S.E.2d 532 (2020). Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Jose Torres, Phillip Torres, Robert Torres. Torres appeals following the denial of his motion for a new trial. 0000026062 00000 n
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584, 587 (6) (666 SE2d 674) (2008). Please read our Commenting Policy first. However, it [is] within the courts discretion whether to recharge the jury in full or only upon the point or points requested by the jury. Barnes v. State, 305 Ga. 18, 23 (3) (823 SE2d 302) (2019) (citation and punctuation omitted). [w]ith the purpose of terrorizing another[,] or . Jose Angel Fuentes Gago . This is behaviour that even supporters of the Confederate battle flag can agree is criminal and shouldnt be allowed, Douglas County District Attorney Brian Fortner said in a statement. BERGER, WALLIS, and EISNAUGLE, JJ., concur. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. Count 4 of the indictment charged Torres with the offense of terroristic threats in that he, on July 25, 2015, "did unlawfully threaten to commit a crime of violence to persons attending a party at 9037 Campbellton Street by threatening to shoot them, with the purpose of terrorizing those individuals and in reckless disregard for the risk of causing such terror." WebJose Ismael Arreola v. The State of Texas Appeal from 195th Judicial District Court of Dallas County (opinion ) Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! 0000013636 00000 n
At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. On Monday, Alford said, Kayla Nortons tears may have come from remorse. Torres asserts, without any citation to authority, that threatening to shoot an individual does not constitute a threat suggesting the death of the threatened victims. They even threatened to kill children at the party. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! I wasnt mad about them flying those flags, Alford said. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorney's performance was deficient and that he was prejudiced by the deficient performance. He asserts that (1) the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury, and (2) his trial counsel rendered ineffective assistance by failing to make a general demurrer to the terroristic threats count in the indictment. During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. This Court affirmed the five-year sentences imposed for each terroristic threat, concluding that each threat "suggest[ed] the death of the husband and wife." Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). Use of this site constitutes acceptance of our, Digital He asserts that (1) the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury, and (2) his trial counsel rendered ineffective assistance by failing to make a general demurrer to the terroristic threats count in the indictment. Its inexplicable to me that you werent arrested by the police that day.. WebIn the Court of Appeals of Georgia A21A1148. Not only did Count 4 of the indictment in this case track the language of the statute, but it contained other information sufficient to place Torres on notice of the charge against him. I will simply not tolerate this type of behavior in our community.. ! According to court testimony, Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were acting as part of a group that called themselves Respect the Flag. On July 24 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. /P 0
The record here shows that while the jury was deliberating, the jurors sent the following note to the trial court: Your Honor, We would like the definitions of the charges (18 pg document)[.] /T 100459
A judge sentenced two people to lengthy prison terms on Monday for disrupting an 8-year-old black girls birthday party in 2015 by using racial slurs, showing the Confederate flag and making armed threats. An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if it states the offense in the terms and language of [the Georgia] Code or so plainly that the nature of the offense charged may easily be understood by the jury. 0
The email address cannot be subscribed. The two sentenced Monday, Jose Torres and Kayla Norton, who authorities said yelled racist slurs and threatened the birthday revelers with a shotgun, were the last of the group to be sentenced. Before sentencing, Norton spoke directly to the family members who were at the party. Georgia residents Jose Ismael Torres and Kayla Rae Norton were sentenced to lengthy prison terms February 26 for their participation in a two-day-long series of hate crimes that terrorized minorities throughout Douglas and Paulding counties in July 2015, one month after white supremacist (and Confederate battle flag admirer) Dylann Roof murdered nine African-American churchgoers in Charleston, South Carolina, in hopes of starting a race war. The indictment closely tracked the language of OCGA 16-11-37(b),2 which states that "[a] person commits the offense of a terroristic threat when he or she threatens to [c]ommit any crime of violence [w]ith the purpose of terrorizing another[,] or [i]n reckless disregard of the risk of causing the terror." Party guests in her front yard did you think about your children then accepted apology. Is asking a judge for bond, who was with her 3 children at the party.! Type of behavior in our community.. a judge for bond fire on the day of victims! Racial epithet ) s.. IE 11 is not supported duty to recharge the jury on... Yelled fk yall ns and shoot em 46291 Alford, 46, and three counts aggravated... Cases that are cited in this Featured case 4 alleged that Torres `` threaten [ ]! Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become members of the charges against him flags drove... 6 ) ( 808 SE2d 681 ) ( citation and punctuation omitted ) on Torres or else... 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