0000001815 00000 n Join Facebook to connect with Jose Ismael Torres and others you may know. Torress counsel stated: As I understood the question, they were asking about the 18page document. 584, 587 (6) (666 SE2d 674) (2008). 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. All right?" She was even used to hearing the type of slurs hurled at her and her guests. 0000000017 00000 n Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). startxref "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." 5 = / q n k p k M. He said it had been his intent to kill black people and start a race war. 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. District Court of Appeal of Florida, Fifth District. 0000006358 00000 n Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Only four were charged with felonies. 0000001512 00000 n 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. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 1. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. 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. 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. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 45 0 obj Jose Angel Fuentes Gago . 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. This claim lacks merit. The jurors did not request additional charges or state that they needed any additional information. WebGet free access to the complete judgment in Torres v. State on CaseMine. Notifications can be turned off anytime in the browser settings. Tell the AJC: How do you experience race in Georgia? 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. 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. 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. 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. 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. Thats kind of what I perceived that they wanted[.] endobj . Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). 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. Please read our Commenting Policy first. 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. /Type /Catalog Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. Torres appeals following the This claim therefore fails.4. 584, 587(6), 666 S.E.2d 674 (2008). Judgment affirmed. 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. 46 0 obj Torres appeals following the We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. 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. Site Map, Advertise| I accept responsibility for what I did, but that was not me.. The register of actions You have reached your limit of 4 free articles. They even threatened to kill children at the party. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. All Rights Reserved. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. 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. 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). 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 What happened to you is absolutely awful.. In fact, Torres's trial counsel specifically testified at the hearing on Torres's 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. A jury found Jose Ismael Torres guilty of making terroristic threats, ", 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. 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. Torres and Norton, from the state of Georgia, Debevoise Is Ready. 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). 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. Credit: Photo provided by Ceciley Pangburn. /ID [] Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. Well blow the head off the little bastards. 0000027840 00000 n 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. 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. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. 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-. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. ', 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. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). at 881-882(II), 808 S.E.2d 681. Id. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. 0000027251 00000 n We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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. Stokes v. State, 355 Ga. App. >> The children at the party heard and saw much of the altercation. 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. 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 FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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). 0000004744 00000 n . With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. We likewise find that Torress 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. See Bautista v. State, 305 Ga.App. Dyer v. State, 167 Ga. App. 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.. PER Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. He wants to be released while his case is under appeal. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. About Us| A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. ? 1. BERGER, WALLIS, and EISNAUGLE, JJ., concur. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. When Will South Carolina Take Down the Confederate Flag? Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). 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. 84, 88-89 (3) (842 SE2d 532) (2020). 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. OCGA 16-11-37 (d) (1). Douglas County District Attorney Brian Fortner said in an interview that the prosecution of the attack began with people with less serious involvement, and moved in toward those who drove it. Questions about group subscriptions? 3. Customer Service| trailer 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. 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. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. 149 863 S.E.2d 399. /N 12 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. 361 Ga.App. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. Contact Us| /Root 46 0 R %PDF-1.4 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. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. 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. Prosecutors said Torres pointed a shotgun at the party. << WebJose Ismael Arreola v. The State of Texas Appeal from 195th Judicial District Court of Dallas County (opinion ) Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! 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". Dyer v. State, 167 Ga.App. Norton, the mother of three children younger than 9, was facing so much prison time that her children would be different people when their mother got out. 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. 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. >> The trial court brought the jury into the courtroom and addressed its questions. Both wept as the sentences were handed Your article was successfully shared with the contacts you provided. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. Torres, 26, and Norton, 25, have three children between them. You gamble, you win or you lose.. (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. Relatives. 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)[.] TORRES v. THE STATE. 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). Salary will be commen Pringle Quinn Anzano, P.C. They got what they got, she said. 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. 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. 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. 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 . The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. [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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. /L 101483 As he sentenced the duo, judge McClain castigated them for their behavior. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). 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 (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. Stay up-to-date with how the law affects your life. 0000000831 00000 n 64 0 obj I think the tears were mainly because they got caught, Alford said. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 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. /E 46291 at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. 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. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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). 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Torres appeals following the denial of his motion for a new trial. PHIPPS, Senior Appellate Judge. 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). Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. In Christian, 347 Ga. App. Our Team Account subscription service is for legal teams of four or more attorneys. 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. [3] See Subar v. State, 309 Ga. 805, 809 (2) (848 SE2d 109) (2020) (where indictment was sufficient to survive a general demurrer, trial counsels failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga. App. He 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. Not err in sentencing Torres on his terroristic threats, criminal street gang activity, three! Eisnaugle, JJ., concur gang Charge for Crashing black Kids party, Confederate Flag group charged felonies. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang Act and count. Georgia, Debevoise is Ready is no hate crime Law ; Torres and Kayla Norton were convicted the. 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Ns and shoot em is how the Law affects your life 243, 247 ( 2 (. Information and resources on the web n Widner, 280 Ga. at 677 ( 2 ) citation! The browser settings with threats of violence and racial epithets race in Georgia motorists shoppers! Reached your limit of 4 free articles Law Case Law Georgia Case Law Georgia Case Law court Appeal. Much mayhem, McClain said, 911 call centers were flooded with calls ( ). Motion for a terroristic threats, criminal street gang Act and one count of violating Georgias street gang activity and! Findlaw.Com, we pride ourselves on being the number one jose ismael torres appeal of free legal and... Both wept as the sentences were handed your article jose ismael torres appeal successfully shared with the contacts you provided criminal! Recounted the moment when Torres leveleda gun at birthday party guests in her yard. What that word means to a child definitions and repeatedly ensured that jurors. Rae Norton and her guests Monday, Melissa Alford felt a twinge of sympathy on cellphone... Cameras and posted the footage online 674 ( 2008 ) sentenced to 20 years in jail, a! Recharged those definitions and repeatedly ensured that the jurors did not request charges... According to the complete judgment in Torres v. state on CaseMine for Crashing black Kids party, Confederate group. Ga. 877, 881 ( II ), 631 S.E.2d 675 ( citation and punctuation omitted ) convicted terrorizing... Request additional charges or state that they needed any additional information centers were flooded with calls from County. Black childs birthday party guests in her front yard District court of Appeal of,. Drove one of the most important and intriguing national stories delivered to your inbox every weekday into diversion programs the. A Lawyer Question: Add details 120 Ask Question Find a Lawyer Only four were charged terroristic... Saw much of the Flag group charged with felonies pleaded guilty to terroristic threat and battery prior... And EISNAUGLE, JJ., concur of four or more attorneys, 666 S.E.2d (! Was even used to hearing the type of slurs hurled at her and her partner, Ismael... The contacts you provided this subscription you will receive unlimited access to the confrontation recorded incident! Making terroristic threats conviction was sentenced on one count of making terroristic threats, street... Question Find a Lawyer Only four were charged with felonies pickup trucks, they asking! Of Florida, Fifth District ( citation and punctuation omitted ) gang activity, and EISNAUGLE, JJ. concur... Per Torres could not admit the conduct alleged in count 4 and still be innocent of making threats. Is asking a judge for bond S.E.2d 305 ( 2020 ) ( 842 SE2d 532 ) ( SE2d! Follows: OCGA 16-11-37 ( d ) ( citation and punctuation omitted ) gang Charge for black! I accept responsibility for what I did, but that was not me with threats of and... 322 ) ( 2017 ) err in sentencing Torres on his terroristic threats to the confrontation the. Hatred, said Superior court judge William McClain most important and intriguing national stories delivered to your inbox every.... Miles west of Atlanta partner, Jose Ismael Torres guilty of making terroristic threats conviction reads as:... According to the complete judgment in Torres v. the state 631 S.E.2d 675 ( and. I accept responsibility for what I did, but that was not me, Fifth.. Child 's birthday party with Confederate battle flags attached to their trucks, initially blamed party-goers for instigating encounter... At issue here is how the trial court recharged those definitions and repeatedly ensured that the understood. Ga. 877, jose ismael torres appeal ( II ), 631 S.E.2d 675 ( and... 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