See Maynard v. State, 355 Ga. App. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. See id. We find no reversible error in the trial courts response to the question. /Linearized 1 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. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. 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. 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. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. 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. Magazines, Digital In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer. 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. But Alford wasnt so sure. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). The court first reminded the jury that three offenses were charged in the indictment: aggravated assault, terroristic threats, and a violation of the Georgia Street Gang Terrorism and Prevention Act. 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. X ! Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Prosecutors said Torres pointed a shotgun at the party. TORRES v. THE STATE. Copyright 2023 ALM Global, LLC. 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. I forgive all of you, Bryant said as Norton and Torres wept. Dyer v. State, 167 Ga.App. That is not me. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 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. (citation and punctuation omitted). >> See Maynard v. State, 355 Ga.App. Its inexplicable to me that you werent arrested by the police that day.. 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. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Victims react as the sentences are read. 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. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). 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! 149. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Making a lesser penalty applicable to offenses committed prior to the enactment of the legislation creating the lesser penalty is contrary to the judicial interpretation of the laws of this State under which the penalty for a criminal offense relates only to those offenses committed when and after such legislation becomes effective. Advertisement. [4] 3. 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. 0000001512 00000 n << 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. /T 100459 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. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorneys performance was deficient and that he was prejudiced by the deficient performance. 0000001815 00000 n . Douglasvilles population is 35 percent white and almost 60 percent black. All right? There were no objections to the courts decision. So, why you crying now?. /Info 43 0 R Court of Appeals of Georgia.https://leagle.com/images/logo.png. 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. << 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.. 5 = / q n k p k M. % Summers is serving four years in prison and Henderson is serving two. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Would love your thoughts, please comment. Join Facebook to connect with Jose Ismael Torres and others you may know. WebTORRES v. The STATE. District Court of Appeal of Florida, Fifth District. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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 . They used racial slurs and threatened to kill some of the party goers. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. Both options are priced the same. /O 47 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. 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." But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. Other members of Respect the Flag pleaded guilty and received lesser sentences. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. 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. Id. Henry P. Taylor/Atlanta Journal-Constitution via AP, 'Empire' Star Jussie Smollett Sentenced to 150 Days in County Jail for Staging Hate Crime, Lying to Authorities, Jussie Smollett to Be Released from Jail on Bond Pending His Appeal, Court Orders, Racism Led 3 White Men to Chase and Kill Ahmaud Arbery, a Black Jogger in Georgia, Jury Finds, No Prison Time for Tennessee Nurse Convicted of Fatal Drug Error, Michelle Carter Case: The 'Texting-Suicide' Case Five Years After Sentencing, Hayden Panettiere and On-Off Boyfriend Brian Hickerson Involved in Fight Outside of L.A. Bar, Illinois Judge Reverses Man's Rape Conviction, Citing 5 Months in Jail as 'Plenty of Punishment', Hayden Panettiere 'Okay' After Involvement in Physical Fight Outside L.A. Bar, Says Her Rep, All 3 Defendants Found Guilty of Murdering Ahmaud Arbery, Black Jogger Chased Down and Shot in Georgia, How a Film Producer Uncovered the Truth About an Innocent Man Convicted of Raping'Lovely Bones'Author, Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest, Man Arrested After Hurling Racial Slurs at African-American TV Reporter: 'What Did You Just Call Me? Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Magazines, Or create a free account to access more articles, Georgia Pair Sentenced to Prison for Perpetrating Hate Crime at Black Child's Birthday Party. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. 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. Example video title will go here for this video. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 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. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). 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. For an optimal experience visit our site on another browser. Thats kind of what I perceived that they wanted[.] Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). endobj In Christian, 347 Ga. App. WebIn the Court of Appeals of Georgia A21A1148. Contact Us| Stokes v. State, 355 Ga. App. As a result, a general demurrer would not have been successful, and Torres's counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4.3 See Subar v. State, 309 Ga. 805, 809(2), 848 S.E.2d 109 (2020) (where indictment was sufficient to survive a general demurrer, trial counsel's failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga.App. 142, 143 (1) (834 SE2d 139) (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). 2023 TIME USA, LLC. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Both wept as the sentences were handed Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). 0000000831 00000 n With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. The trial court brought the jury into the courtroom and addressed its questions. /H [ 831 681 ] The jurors did not request additional charges or state that they needed any additional information. endobj News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer At issue here is how the trial court handled the request for the "definitions of the charges." The other two pleaded guilty and are serving shorter prison terms. 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. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. 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. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. PER They got what they got, she said. Poole v. State, 326 Ga.App. See id. . All Rights Reserved. Stay up-to-date with how the law affects your life. Torres, 26, and Norton, 25, have three children between them. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). When Will South Carolina Take Down the Confederate Flag? Write to Joseph Hincks at joseph.hincks@time.com. Site Map, Advertise| 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. 45 0 obj Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. Strickland, 466 U.S. at 687(III), 104 S.Ct. The majority of police officers visible in the initial birthday-party cellphone video were white. See Hulett v. State, 296 Ga. 49, 60 (5) (766 SE2d 1) (2014) (an ineffectiveassistance claim is a mixed question of law and fact, and we accept the trial courts 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 SCt 2052, 80 LE2d 674) (1984). Tell the AJC: How do you experience race in Georgia? Strickland, 466 U.S. at 687 (III). 0000000017 00000 n Long Waits, Short Appointments, Huge Bills. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. We find no error and affirm Torres's convictions. 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. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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. So your exception is noted and overruled. OCGA 16-11-37 (d) (1). WebJose Ismael Torres, Wewahitchka, pro se. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). That was not lost on Alford, who works as a childrens mental health advocate. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Case No. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. Confederate flag supporters at the South Carolina capitol. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. 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 We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. at 395(2), 819 S.E.2d 682. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. TORRES v. The STATE. 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. We find no reversible error in the trial court's response to the question. "1 Poole, 326 Ga. App. The trial court found that trial counsel was not ineffective in this regard. After their release, the two are permanently banned from Douglas County. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. Torres appeals following the denial of his motion for a new trial. Don't miss the crucial news and insights you need to make informed legal decisions. A man and a woman were sentenced Monday to 13 and six years in prison, respectively, for joining a group of Confederate flag supporters who in 2015 drove around a small Georgia community threatening people, including a gathering of African-Americans celebrating a young boy's birthday. The trial court found that trial counsel was not ineffective in this regard. Click the citation to see the full text of the cited case. RELATED: Racist threats outside black child's party lead to prison sentence. See id. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. /Prev 100447 Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 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-. The trial court recharged the jury as to elements of a crime, the State's burden of proof, and the definitions of the charged offenses. You may return and deliberate." Dyer v. State, 167 Ga. App. 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. Great opportunity for advancement. Powered by. 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. Hood v. State, 292 Ga.App. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Facebook gives people the power to share and makes the world more open and connected. 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. Our Team Account subscription service is for legal teams of four or more attorneys. . The statute at that time contained no misdemeanor provisions. Also we would like the map display." 1. at 395 (2). A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Join Facebook to connect with Jose Ismael Torres and others you may know. << If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 0000027251 00000 n 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. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. 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). 149 863 S.E.2d 399. ", 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. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). Well blow the head off the little bastards. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Listed below are those cases in which this Featured Case is cited. Two others had earlier pleaded guilty to similar charges and received lesser sentences. 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. 0000027840 00000 n Your Real Estate Legal and Brokerage Expert. 621, 627(2), 760 S.E.2d 630 (2014) (counsel's performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). . The court then stated: "I'm going to slowly and carefully define those offenses for you." 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. AFFIRMED; REMANDED for correction of scrivener's error. Victims look on as the sentences are read. /N 12 We find no error and affirm Torress convictions. %%EOF Well kill all the little (racial epithet)s.. . "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." You have reached your limit of 4 free articles. Click on the case name to see the full text of the citing case. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. I think the tears were mainly because they got caught, Alford said. 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 trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 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". About Us| 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." 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." 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. 2. 5D164395 Decided: February 02, 2018 Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were convicted this month of violating the state's street-gang terrorism law and have been held without bond as they await sentencing. /S 495 0000016559 00000 n A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Norton was sentenced to 15 years, with a minimum of six to serve. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). Was full of friends and family when Torres and their crew began hurling racial slurs at conclusion. /H [ 831 681 ] the jurors ask for jose ismael torres appeal instructions either during or after the recharge Long! Offenses for you. birthday party with racial slurs and threatening to kill partygoers, even Kids... Intimidating people who passed by, 355 Ga.App jurors understood the recharge, the trial court not! Need to make informed legal decisions to see the full text of charges. 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