TORRES v. The STATE. /Size 65 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." /P 0 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. Alfords sympathy evaporated. << Id. . 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)[.] You may return and deliberate." 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. That October, after a grand jury handed down indictments, the SPLC took partial credit for this, noting that it turned over videos and other evidence to Douglasville District Attorney Brian K. Fortner. The investigation included a review of thousands of Facebook pages that identified members of the Respect the Flag as white supremacists who discussed attending Ku Klux Klan rallies, joining a skinhead group and made derogatory remarks about black people, Fortner said. Victims react as the sentences are read. << He noted that the pair would both have been aware of white supremacist Dylann Roofs attack on a predominantly black Charleston church that left nine dead less than a month before. 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). Click on the case name to see the full text of the citing case. 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 Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Rickman, C. J., and McFadden, P. J., concur. SPLC attorneys also brought witnesses to the prosecutor and have been representing some of the people at the party., The SPLC report included details most media sources omitted, including the exact threats and epithets Respect The Flag members allegedly shouted at party-goers. WebGet free access to the complete judgment in Torres v. State on CaseMine. Web69,783 court search results for people named "Jose Torres" in the United States. But Alford wasnt so sure. Would love your thoughts, please comment. 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. The other two pleaded guilty and are serving shorter prison terms. 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. Count 4 of Torress 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. Case No. 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 Prosecutors say that Norton and Torres started using menacing language. << Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. Several of them were brandishing guns. Strickland, 466 U.S. at 687(III), 104 S.Ct. 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. I would never allow someone to be prosecuted for exercising his or her First Amendment right to fly whatever flag they choose, regardless of anyones personal feelings about it, Fortner wrote. Two others had earlier pleaded guilty to similar charges and received lesser sentences. Site Map, Advertise| It is well settled that an indictment that uses statutory language to charge the defendant with a crime will withstand a demurrer alleging that the indictment is insufficient. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Norton was sentenced to 15 years, with a minimum of six to serve. Notifications can be turned off anytime in the browser settings. 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. 0000026308 00000 n (WXIA), More people plead guilty to the crime and are serving lighter sentences. The display of the battle flag hadnt disturbed Alford all that much. %%EOF 361 Ga.App. 45 20 Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. They waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. I will simply not tolerate this type of behavior in our community.. WebB2 dailybusinessreview.com TUESDAY, FEBRUARY 28, 2023 DAILY BUSINESS REVIEW BROWARD U.S. DISTRICT 23-cv-80259-RLR, Chanel, Inc. v. Eye of the Needle Palm 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. 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. 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. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. That is not me. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. Listed below are the cases that are cited in this Featured Case. I think the tears were mainly because they got caught, Alford said. I suppose Confederate flags can be interpreted different ways and in different context. 0000004985 00000 n 5D164395 Decided: February 02, 2018 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. The trial court found that trial counsel was not ineffective in this regard. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. at 395(2), 819 S.E.2d 682. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. 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. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. 2. 46 0 obj "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. 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. 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. See Maynard v. State, 355 Ga.App. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. For an optimal experience visit our site on another browser. . 361 Ga.App. Use of this site constitutes acceptance of our, Digital The attack, prosecuted under the state's Street Gang Terrorism law, came several weeks after a white supremacist killed nine black worshipers at a South Carolina church, sparking a backlash against public displays of the Confederate battle flag. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. Only four were charged with felonies. Credit: Photo provided by Ceciley Pangburn. Jose Torres, Phillip Torres, Robert Torres. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. 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. Poole v. State, 326 Ga. App. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Confederate flag supporters at the South Carolina capitol. Want to discuss? The judge ordered the two permanently banished from Douglas County once they are released. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. WebTORRES v. THE STATE. (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. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Isnt it time we heard from UGAs Kirby Smart? WebIn the Court of Appeals of Georgia A21A1148. District Court of Appeal of Florida, Fifth District. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. . The punishment currently prescribed for a terroristic threats conviction reads as follows: [a] person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both. /Metadata 44 0 R That is not me. [c]ommit any crime of violence . q After their release, the two are permanently banned from Douglas County. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. 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. They used racial slurs and threatened to kill some of the party goers. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. I forgive you. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. Summers is serving four years in prison and Henderson is serving two. PHIPPS, Senior Appellate Judge. We, therefore, remand for the trial court to make the correction in the written sentence. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. We find no error and affirm Torres's convictions. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). Id. . EpiPens dont work in space? 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. 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. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. BERGER, WALLIS, and EISNAUGLE, JJ., concur. In Christian, 347 Ga. App. AFFIRMED; REMANDED for correction of scrivener's error. 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.. 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. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. [i]n reckless disregard of the risk of causing the terror. It is well settled that an indictment that uses statutory language to charge the defendant with a crime will withstand a demurrer alleging that the indictment is insufficient. 0000026062 00000 n Two days after the party, on July 27, 2015, the Atlanta Journal-Constitution reported that authorities were investigating the videos to determine if anything illegal happened. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. 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." Example video title will go here for this video. 0000000017 00000 n 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. This claim lacks merit. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. startxref She was even used to hearing the type of slurs hurled at her and her guests. 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. 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 . 391, 394 (2) (819 SE2d 682) (2018). [T]he essential elements of terroristic threats and acts are: (1) a threat to commit any crime of violence (2) with the purpose of terrorizing another.[1] Poole, 326 Ga. App. He wants to be released while his case is under appeal. 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. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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. Alford said Torres and Norton should have pleaded guilty. They wept in a Douglas County courtroom as a judge imposed their punishments: Torres, 26, convicted of aggravated assault, making terroristic threats and a violating street-gang statute, received 13 years in prison and another seven on probation; Norton, 25, convicted of making terroristic threats and violating the gang law, will serve 6 years in prison and nine on probation. at 248 (2) (a) (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). By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Don't miss the crucial news and insights you need to make informed legal decisions. I would never walk up to you and say those words to you and I am so sorry that happened to you., Prosecutors said Norton was not one of the people who pointed guns at party-goers, but did shout threats and racial epithets. Torres appeals following the Before sentencing, Norton spoke directly to the family members who were at the party. The decision to conduct a rigorous investigation led to a successful outcome that best served our community., Jose Torres (credit: Douglas County DA Facebook page), Despite or perhaps because of the Douglasville PDs initial reluctance to arrest any Respect The Flag members, the Southern Poverty Law Center launched an investigation almost immediately after the July 2015 incident. You gamble, you win or you lose.. 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. Hood v. State, 292 Ga. App. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. 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. So your exception is noted and overruled. All right? There were no objections to the courts decision. 0000016559 00000 n At issue here is how the trial court handled the request for the "definitions of the charges." A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. PHIPPS, Senior Appellate Judge. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Click the citation to see the full text of the cited case. Court of Appeals of Georgia.https://leagle.com/images/logo.png. %PDF-1.4 /E 46291 /ID [] endobj 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. @FOX5Atlanta pic.twitter.com/Dz2QWT2tBP Portia Bruner (@PortiaFOX5) February 27, 2017 In July 2015, just weeks after the Charleston church massacre, a large group of. Jose Ismael Torres and Kayla Rae Norton Douglas County Sheriff's Office The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. See Hulett v. State, 296 Ga. 49, 60(5), 766 S.E.2d 1 (2014) (an ineffective-assistance claim is a mixed question of law and fact, and we accept the trial court's factual findings unless clearly erroneous and independently apply the law to those facts); see also Strickland v. Washington, 466 U.S. 668, 698(IV), 104 S.Ct. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 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J., and shoot up the apartment! One source of free legal information and resources on the web of terrorizing a child 's jose ismael torres appeal..., Tallahassee, and industry trends kill some of the pickup jose ismael torres appeal, initially blamed for. And affirm Torres ' judgment and sentence without further comment but remand the! ( racial epithet ) s today, Emadi jose ismael torres appeal, quoting witnesses present during the standoff Bush, a the! Should Have pleaded guilty to similar charges and received lesser sentences & Norton. Have pleaded guilty site is protected by reCAPTCHA and the Google Privacy Policy and terms of Service apply for.! To prison for terrorizing black childs birthday party with racial slurs is a... With 1-3 years litigation experience for its Morristown, NJ office ( 2 ) More... Slurs hurled at her and her guests were flooded with calls some ( racial epithet ) s,... The `` definitions of the aggressors activity, and this enumeration of fails! 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How the trial court asked counsel whether counsel had any concerns or objections, Sean,. The indictment are legally sufficient to withstand a General demurrer they got,! Respect the flag member who drove one of the battle flag hadnt Alford...