Listed below are the cases that are cited in this Featured Case. Phipps, Senior Appellate Judge. [w]ith the purpose of terrorizing another[,] or . Id. TORRES v. The STATE. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. . 391, 394 (2) (819 SE2d 682) (2018). What America's Richest Ski Town's Handling of COVID-19 Shows. PHIPPS, Senior Appellate Judge. See id. According to trial counsel, he did not believe that a general demurrer would be meritorious because the defense "knew what [they] were dealing with" and "knew who those specific people were. Officers and supervisors at the scene determined that it was prudent to get both sides of the story and gather more evidence, rather than making hasty decisions that ultimately could have jeopardized the case. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. The two had been part of a group of 15 people calling itself Respect the Flag. On July 24, on 2015, they began a rampage through neighboring Paulding County. 149. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. In Christian, 347 Ga. App. Pick up PEOPLEs special edition True Crime Stories: Cases That Shocked America, on sale now, for the latest on Casey Anthony, JonBent Ramsey and more. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Jose Angel Fuentes Gago . At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. Jose Ismael Torres, 26, and Kayla Rae Norton, 25 reportedly parents of three children were found guilty earlier this month of violating the states street-gang I am not a mean spirited person and Im sorry for your family that it had to come this far.. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Torress counsel stated: As I understood the question, they were asking about the 18page document. Web69,783 court search results for people named "Jose Torres" in the United States. Your article was successfully shared with the contacts you provided. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Copyright 2023 ALM Global, LLC. Prosecutors acknowledge that Norton was not one of riders who pointed shotguns at the group, but prosecutors say that she hurled menacing threats while yelling a racial epithet. Receive free daily summaries of new opinions from Torres argues on appeal that the jurors note requested a complete recharge of all the jury instructions and not simply a recharge of the definitions of the offenses. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 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. "Under the first prong of this test, counsel's performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms." 45 0 obj We disagree. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. Credit: Photo provided by Ceciley Pangburn. 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. 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. Jose Ismael Torres, 26, and Kayla Rae Norton, 25, (pictured above) were first arrested and convicted earlier in the month under a street gang terrorism law for the 2015 incident. See Maynard v. State, 355 Ga. App. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. . The statute at that time contained no misdemeanor provisions. Relatives. But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Webin the district court of appeal of the state of florida fifth district not final until time expires to file motion for rehearing and disposition thereof if filed jose ismael torres, appellant, v. case no. On Monday, Alford said, Kayla Nortons tears may have come from remorse. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. The trial court found that trial counsel was not ineffective in this regard. I suppose Confederate flags can be interpreted different ways and in different context. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, "in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission." 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). See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Customer Service| 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. We find no reversible error in the trial courts response to the question. 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)[.] 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. << 210, 213 (2) (699 SE2d 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). OCGA 16-11-37 (d) (1). Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. I will simply not tolerate this type of behavior in our community.. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. Despite her earlier social-media attempts to cover up her actions and those of other Respect The Flag members during their two-day spree culminating at the birthday party, Norton told party-goers, according to Fox 5 Atlanta, that What happened to you was horrible. 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. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Also we would like the map display. At issue here is how the trial court handled the request for the definitions of the charges. After discussing the request with the attorneys, the trial court informed counsel, Ill just read the charges to them again slowly and carefully. We find no reversible error in the trial court's response to the question. You may return and deliberate." Assistant District Attorney David X ! /L 101483 If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. [c]ommit any crime of violence . 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. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). Contact Us| /Size 65 A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. xref 0000004744 00000 n 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 I forgive all of you. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Torres appeals following the Two others had earlier pleaded guilty to similar charges and received lesser sentences. 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Court of Appeals of Georgia.https://leagle.com/images/logo.png. 45 20 Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. >> It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 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). ', Black Man Says Group Assaulted Him, Said 'Get a Noose' and 2 People Hit with Car at Protest, 2 Men Charged After Pinning Black Man to Tree in Indiana Incident Captured on Viral Video, Dylann Roof Sentenced to Death for Killing 9 Black People in Charleston Church. 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. 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 Torres and Norton, from the state of Georgia, 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. BERGER, WALLIS, and EISNAUGLE, JJ., concur. Two other people have received prison sentences, while the rest of those involved, about a dozen, did not get prison time but pleaded guilty to misdemeanors or entered pre-trial diversion programs, Fortner said. Contact us. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). AFFIRMED; REMANDED for correction of scrivener's error. 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). The display of the battle flag hadnt disturbed Alford all that much. . /ID [] "The necessity, extent, and character of any supplemental instructions to the jury are matters within the discretion of the trial court and appellate review is limited to determining whether that discretion was abused." You gamble, you win or you lose.. [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. This claim therefore fails.4. Tell the AJC: How do you experience race in Georgia? Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Before sentencing, Norton spoke directly to the family members who were at the party. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Phipps, Senior Appellate Judge. I forgive you. 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. Rickman, C. J., and McFadden, P. J., concur. Moreover, Torres elaborates no arguments suggesting that the recharge, as a whole, was an incorrect statement of the law or that it would mislead a jury of ordinary intelligence. I wasnt mad about them flying those flags, Alford said. Stokes v. State, 355 Ga. App. Questions about group subscriptions? What happened to you was horrible, she said, as she wiped away tears. Write to Joseph Hincks at joseph.hincks@time.com. 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. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. 5 = / q n k p k M. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." In addition, even assuming that the new statutory language applied at the time of Torress sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. 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. Jose Ismael Torres, 26, and Kayla Rae Norton, 25 reportedly parents of three children were found guilty earlier this month of violating the states street-gang terrorism law. The court then stated: "I'm going to slowly and carefully define those offenses for you." 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. But then Alford thought of the reasons Norton was in court: the convoy of pickup trucks with Confederate flags, the vile racist epithets, the loaded shotgun leveled on her friends and family, the threats to blow childrens heads off. /Type /Catalog 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. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Specifically, Count 4 of Torress indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). He wants to be released while his case is under appeal. After Torres and Nortons sentencing, Douglasville police defended their delayed response in a statement saying that Because of the seriousness of this case to our community, we wanted to get this case right the first time. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). 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. /Length 607 Keep fg with our flag!!!!!! Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). We find no error and affirm Torres's convictions. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. But Alford wasnt so sure. WebIn the Court of Appeals of Georgia A21A1148. 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. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. EpiPens dont work in space? State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. The majority of police officers visible in the initial birthday-party cellphone video were white. The sentencing comes in the aftermath of the recent sentencing of white supremacist, Dylan Roof who had massacred nine African-Americans at a Charleston church, with the youth using the Confederate flag as a symbol on his As he sentenced the duo, judge McClain castigated them for their behavior. << Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. 0000026308 00000 n Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. "A general demurrer challenges the validity of an indictment by asserting that the substance of the indictment is legally insufficient to charge any crime, and it should be granted only when an indictment is absolutely void in that it fails to charge the accused with any act made a crime by the law." Rickman, C. J., and McFadden, P. J., concur. He called their actions a hate crime and sentenced Torres to 20 years, with 13 to serve, and Norton to 13 years, six to serve. 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. Although the jurors' note contained a parenthetical reference to the "18-page document" that comprised all jury instructions, the note specifically requested "the definitions of the charges." Click on the case name to see the full text of the citing case. Magazines, Digital Also we would like the map display." >> Hyesha Bryant, who was with her 3 children at the party, accepted the apology. See also Martinez-Chavez v. State, 352 Ga.App. There were no objections to the court's decision. 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. License our industry-leading legal content to extend your thought leadership and build your brand. Please read our Commenting Policy first. Torres was convicted of pulling out a gun and threatening to kill people at the event. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Torres and Norton have three children together, although they are not married. The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. Contact an Account Specialist [emailprotected] | +1-855-808-4530 (Americas) | +44(0) 800 098 86009 (UK & Europe), Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, Early Reports: 2023 Am Law 200 Financials, Proskauer Lands Cooley Strategy Leader in New C-Suite Role, AI Has Gone Mainstream. ", 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. Want to keep up with the latest crime coverage? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. /P 0 We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. 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". They even threatened to kill children at the party. 0000016806 00000 n ( $ x A C 4 W Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. /Root 46 0 R At some point, Norton and Torres confronted a black family that was throwing an 8-year-olds birthday party in the front yard of their home. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. The disruption of the birthday party took place less than a month after white supremacist Dylann Roof killed nine African-Americans at a historic black church in Charleston, South Carolina. 2. He said it had been his intent to kill black people and start a race war. PHIPPS, Senior Appellate Judge. 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. Join Facebook to connect with Jose Ismael Torres and others you may know. 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). Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. We, therefore, remand for the trial court to make the correction in the written sentence. /S 495 Nortons Facebook posts also indicated that after the rampage, she spent a lot of time and effort on what the DA called a wide sweeping attempt to get all members of the Respect The Flag group to coordinate their stories, lie to the media about what happened, and cover up her role in retrieving the shotgun from Torres truck, loading it, and giving it to him just before the confrontation with guests at the birthday party. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. >> 0000026062 00000 n 0000006358 00000 n 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. 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. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. endobj Alfords sympathy evaporated. After their release, the two are permanently banned from Douglas County.
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