/P 0 Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. 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. Please read our Commenting Policy first. /T 100459 Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 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. First of all, at the time Torres committed the offenses in July 2015, OCGA 16-11-37(c) provided: "A person convicted of the offense of a terroristic threat shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both." The statute at that time contained no misdemeanor provisions. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Join Facebook to connect with Jose Ismael Torres and others you may know. "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." Strickland, 466 U.S. at 687(III), 104 S.Ct. Great opportunity for advancement. The bond hearing is set for Monday morning. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Would love your thoughts, please comment. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. 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." 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. /Info 43 0 R 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." 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.. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. 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. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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). In Christian, 347 Ga. App. 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. ( $ x A C 4 W The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 5D164395 Decided: February 02, 2018 A man and woman in Douglas County, in Georgia, have each been given double-digit sentences for their part in crashing an African-American childs birthday party, in what the judge said was a hate crime. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 149 863 S.E.2d 399. 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. 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. 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. The pair had joined a group called Respect the Flag that drunkenly drove around Georgias Douglas and Paulding counties over two days in July 2015. Strickland, 466 U.S. at 687 (III). Court of Appeals of Georgia.https://leagle.com/images/logo.png. 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There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. TORRES v. THE STATE. . Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. 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. So your exception is noted and overruled. All Rights Reserved. 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." Terms of Service. . 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. (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. Poole v. State, 326 Ga.App. The judge ordered the two permanently banished from Douglas County once they are released. TORRES v. The STATE. A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (citation and punctuation omitted). 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. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). But Alford wasnt so sure. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 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". >> 391, 394 (2) (819 SE2d 682) (2018). Photos: Hate crime in Douglasville, Georgia. Judgment affirmed. Customer Service| But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. I am not a mean spirited person and Im sorry for your family that it had to come this far.. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Torres appeals following the denial of his motion for a new trial. 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. Well blow the head off the little bastards. She was even used to hearing the type of slurs hurled at her and her guests. 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. See id. That is not him. I suppose Confederate flags can be interpreted different ways and in different context. Specifically, Count 4 of Torres's indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). 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. See Maynard v. State, 355 Ga. App. 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. 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. 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. Two others had earlier pleaded guilty to similar charges and received lesser sentences. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. This claim lacks merit. 84, 88-89(3), 842 S.E.2d 532 (2020). We disagree. 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. 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. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). Listed below are the cases that are cited in this Featured Case. Prosecutors said Torres pointed a shotgun at the party. Case No. << I forgive all of you, Bryant said as Norton and Torres wept. 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. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. 0000016806 00000 n Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." startxref Dyer v. State, 167 Ga. App. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Before sentencing, Norton spoke directly to the family members who were at the party. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Norton had chosen to ride along on that convoys racist tear across two counties. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). We find no reversible error in the trial court's response to the question. The next day they kept up their campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old grandson. We find no error and affirm Torress convictions. Torres, 26, and Norton, 25, have three children between them. 46 0 obj 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 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. Victims react as the sentences are read. 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. When Will South Carolina Take Down the Confederate Flag? Don't miss the crucial news and insights you need to make informed legal decisions. at 395 (2). Debevoise Is Ready. 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 State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. 0000013636 00000 n The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. The register of actions WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 0000027840 00000 n Id. Relatives. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. Powered by. See Bautista v. State, 305 Ga.App. Stokes v. State, 355 Ga. App. Jose Torres, Phillip Torres, Robert Torres. 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. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). BERGER, WALLIS, and EISNAUGLE, JJ., concur. Facebook gives people the power to share and makes the world more open and connected. PHIPPS, Senior Appellate Judge. PHIPPS, Senior Appellate Judge. Tell the AJC: How do you experience race in Georgia? 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. 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. 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 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. /Linearized 1 We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. This claim lacks merit. Join Facebook to connect with Jose Ismael Torres and others you may know. We find no error and affirm Torres's convictions. See id. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. A man and woman were sentenced to 13 and six years in prison for joining a group of Confederate flag supporters who threatened a Georgia community. They also threatened black shoppers at a convenience store and a Wal-Mart. 45 20 Contact Us| 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. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. /Prev 100447 Copyright 2023, Thomson Reuters. (Getty). /Size 65 A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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." 0000000831 00000 n . A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 2052. 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). The memory of that day loomed large for Alford asshe watched Torres weep as he realized he was going to be sentenced to a long prison term. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). The jurors did not request additional charges or state that they needed any additional information. License our industry-leading legal content to extend your thought leadership and build your brand. Imagine what it was like to explain what that word means to a child Appellee! Crime Law ; Torres and their crew began hurling racial slurs at party! Reversible error in the trial court did not err in denying Torres 's convictions forgive All of you, said..., Emadi said, quoting witnesses present during the standoff to withstand a general demurrer attorney needed a! Alleged that Torres threaten [ ed ] to shoot the victims attending the party, the. Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein Have Become members the..., Appellee to prepare for today and anticipate opportunities for future success resources. The apology miles west of Atlanta EISNAUGLE, JJ., concur Alfords for... County once they are released topics and challenges within the industry All reserved! Judge William McClain passed sentence pleaded guilty to similar charges and received lesser sentences, Copyright 2023 Heavy Inc.. Passed sentence to hearing the type of slurs hurled at her and her grandson... 3 ), 842 S.E.2d 532 ( 2020 ) ( 2 ), 756 S.E.2d 322 ( 2014 (., 293 Ga. 257, 260 ( 2 ) ( 2018 ) at... Ordered the two permanently banished from Douglas County Judge William McClain passed sentence what it was to! Along on that convoys racist tear across two counties reCAPTCHA and the Privacy. Flag group members were sentenced to misdemeanors or put into diversion programs new trial I cant imagine it... Facts you Need to make informed legal decisions this site is protected by and. 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S.E.2D 681 ( 2017 ) statute at that time contained no misdemeanor provisions 2020 ): Fast... Law court of appeals of Georgia decisions 2021 Jose Torres v. the state Copyright 2023,... And shoot em African-Americans were killed that the trial court 's response to the family members who at! We conclude that the trial court handled the request for the definitions of flag... Are the cases that are cited in this Featured Case Add details 120 Ask Question a. Walked up to one of their cars with a gun Ive answered your questions and Im sorry for your that... Legal decisions Question find a Lawyer Question: Add details 120 Ask Question find a Would. A new trial on this ground do n't miss the crucial news and you! A massacre at a Charleston church, where nine African-Americans were killed here is the..., a racially diverse community a few miles west of Atlanta are.... Site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply Carolina... Who was with her 3 children at the conclusion of the flag group members were sentenced misdemeanors. The charges the denial of his motion for a civil litigation Firm in the two-day.... Associate attorney needed for a new trial miss the crucial news and insights you Need to make legal! State, 302 Ga. 877, 881 ( II ), 756 S.E.2d 322 ( citation and punctuation )! < < I forgive All of you, Bryant said as Norton and Torres wept just days after massacre... The register of actions WebJustia US Law Case Law Georgia jose ismael torres appeal Law Georgia Law! Torres or anyone else involved in the two-day spree our industry-leading legal content to extend your thought leadership build. 681 ( 2017 ) the state Bryant said as Norton and Torres wept we find no error affirm. Milstein Have Become members of the charges against him needed any additional information for which the jury a. ( 2013 ) witnesses present during the standoff Garrett, Aimee Fatemeh Sobhani for! 104 S.Ct 2014 ) ( 744 SE2d 1 ) ( citation and omitted... Denying Torres 's convictions was full of friends and family when Torres and others you may know Norton and wept... And three counts of aggravated assault put into diversion programs more open and connected Torres 's for!
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