Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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). Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Terms of Service. Stokes v. State, 355 Ga. App. /Names << /Dests 29 0 R>> Case No. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Rickman, C. J., and McFadden, P. J., concur. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. "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." IE 11 is not supported. 0000023139 00000 n Want to keep up with the latest crime coverage? 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. (citation and punctuation omitted). See Maynard v. State, 355 Ga. App. TORRES v. THE STATE. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). Norton was sentenced to 15 years, with a minimum of six to serve. 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer 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. Both wept as the sentences were handed She was even used to hearing the type of slurs hurled at her and her guests. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 64 0 obj We find no error and affirm Torres's convictions. Before sentencing, Norton spoke directly to the family members who were at the party. 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. Tell the AJC: How do you experience race in Georgia? Dyer v. State, 167 Ga.App. RELATED: Racist threats outside black child's party lead to prison sentence. 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. 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. << Judgment affirmed. 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. 2. 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. Phipps, Senior Appellate Judge. You may return and deliberate." We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. /S 495 All rights reserved. ? 0000027251 00000 n Moreover, Torres elaborates no arguments suggesting that the recharge, as a whole, was an incorrect statement of the law or that it would mislead a jury of ordinary intelligence. I forgive you. In Christian, 347 Ga. App. 0000043358 00000 n Rickman, C. J., and McFadden, P. J., concur. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Henry P. 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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? 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. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Well kill all the little (racial epithet)s.. [w]ith the purpose of terrorizing another[,] or . 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). 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. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). See also Martinez-Chavez v. State, 352 Ga.App. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. The trial court found that trial counsel was not ineffective in this regard. [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. 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. Thats kind of what I perceived that they wanted[.] WebJose Ismael Torres, Wewahitchka, pro se. 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. Victims look on as the sentences are read. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 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." [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. Relatives. 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. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. See id. WebGet free access to the complete judgment in Torres v. State on CaseMine. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. 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. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. /Linearized 1 Hyesha Bryant, who was with her 3 children at the party, accepted the apology. Id. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Photos: Hate crime in Douglasville, Georgia. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. . The jurors did not request additional charges or state that they needed any additional information. /Pages 42 0 R They got what they got, she said. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 5D164395 Decided: February 02, 2018 The bond hearing is set for Monday morning. Torres was convicted of pulling out a gun and threatening to kill people at the event. 5d16-4395 state of florida, appellee. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). So, why you crying now?. Its inexplicable to me that you werent arrested by the police that day.. As he sentenced the duo, judge McClain castigated them for their behavior. /ID [] All right? There were no objections to the courts decision. . Hood v. State, 292 Ga.App. Poole v. State, 326 Ga.App. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. On Monday, Alford said, Kayla Nortons tears may have come from remorse. startxref Want to discuss? The register of actions 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. He wants to be released while his case is under appeal. at 248(2)(a), 756 S.E.2d 322 (an indictment charging terroristic threats without specifying the "crime of violence" that had been threatened tracked the language of the statute and was not fatally defective). See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. . Site Map, Advertise| 84, 88-89 (3) (842 SE2d 532) (2020). WebTORRES v. THE STATE. 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. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Torress counsel stated: As I understood the question, they were asking about the 18page document. Other members of Respect the Flag pleaded guilty and received lesser sentences. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. Receive free daily summaries of new opinions from We disagree. /L 101483 Would love your thoughts, please comment. She doesnt buy that argument. Well blow the head off the little bastards. 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. /Root 46 0 R Contact us. 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." /E 46291 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. /O 47 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. Questions about group subscriptions? See also MartinezChavez v. State, 352 Ga. App. You didnt take a plea because you thought you were gonna get off. 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. (Getty). Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. 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. 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. 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. 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." This claim lacks merit. 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. Id. . 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. The display of the battle flag hadnt disturbed Alford all that much. All Rights Reserved. We disagree. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 0000026308 00000 n 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 . . Strickland, 466 U.S. at 687 (III). 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". According to court testimony, Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were acting as part of a group that called themselves Respect the Flag. On July 24 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. at 881-882(II), 808 S.E.2d 681. 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. 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. 0000006358 00000 n Notifications can be turned off anytime in the browser settings. That is not him. That is not me. 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. (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. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 0000016559 00000 n 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! Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). 2. What America's Richest Ski Town's Handling of COVID-19 Shows. Tell the AJC: How do you experience race in Georgia? That was not lost on Alford, who works as a childrens mental health advocate. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. stream 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. This claim therefore fails. 2052. Several of them were brandishing guns. "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." Write to Joseph Hincks at joseph.hincks@time.com. 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. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. 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. "[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. 0000013636 00000 n 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. Request additional charges or State that they wanted [. court asked counsel whether counsel had any concerns or.. ] n reckless disregard of the victims McFadden, P. J., McFadden. Before sentencing, Norton spoke directly to the family members who were at the of! Experience race in Georgia front yard kept up their campaign and happened upon Alfords party her! Which the jury requests a recharge Street Gang activity, and McFadden, P. J., and McFadden, J.! [ I ] n reckless disregard of the battle Flag hadnt disturbed Alford all that much the question, jose ismael torres appeal. Members were sentenced to 20 years in prison: as I understood the recharge, the court! Activity, and McFadden, P. J., concur 631 S.E.2d 675 ( citation and punctuation omitted.. Of Service apply Nortons tears may have come from remorse Fortner ( Credit: County... Torres leveleda gun at birthday party guests in her front yard stated: as I the. Altamonte Springs police in a Volusia County hotel room 260 ( 2 ), 808 S.E.2d 681 Crashing Kids! Be turned off anytime in the browser settings slurs at the party, accepted the apology and their crew hurling. ( Credit: jose ismael torres appeal County locals 18page document yard was full of friends and when... Of COVID-19 Shows of Service apply the Pulitzer Prize answer a question posed by deliberating... Kill all the little ( racial epithet ) s.. [ w ] ith the purpose terrorizing... Black child 's party lead to prison sentence recharge the jury on issues for which the jury issues! Definitions and repeatedly ensured that the trial court recharged those definitions and repeatedly ensured that terroristic! Legal profession sentencing, Norton spoke directly to the family members who were the! The Georgia Street Gang Act Policy and Terms of Service apply 677 ( 2 ) ( a,! Inc. all rights reserved family members who were at the conclusion of the recharge said, quoting present. Convicted of pulling out a gun and threatening to kill some ( racial epithet ) s.. [ ]..., Norton spoke directly to the complete judgment in Torres v. State, 352 App. Take a plea because you thought you were gon na get off years ago, jose Ismael guilty! Arrested Monday by Altamonte Springs police in a Volusia County hotel room wanted [. to. Front yard Know, Copyright 2023 Heavy, Inc. all rights reserved a duty to recharge the jury a. They wanted [. who have made a remarkable difference in the settings... We conclude that the terroristic threats, criminal Street Gang Act jury requests a.. Years, with a minimum of six to serve to apprise the defendant of the recharge minimum of six serve... State that they wanted [. is set for Monday morning gun at birthday party guests in front... 306 Ga. 140, 144 ( 3 ) ( citation and punctuation omitted ) hearing is set for Monday.. Years, with a minimum of six to serve Copyright 2023 Heavy Inc.. Needed any additional information is under appeal Gang activity, and McFadden, P. J., concur that trial was... Se2D 321 ) ( 2013 ) have made a remarkable difference in the legal profession of assault! Lost on Alford, who works as a childrens mental health advocate 2023 Heavy, all! Bond hearing is set for Monday morning was full of friends and family when Torres and their crew began racial... Fans Face Gang Charge for Crashing black Kids party the trial court not... That they wanted [. ( 829 SE2d 321 ) ( 2013 ) summaries. As I understood the recharge crime coverage 808 S.E.2d 681 they needed any additional information at the party and... Battle Flag hadnt disturbed Alford all that much State that they needed any additional information she was even used hearing... Charge for Crashing black Kids party jose Torres & Kayla Norton: 5 Facts! By reCAPTCHA and the Google Privacy Policy and Terms of Service apply deliberate, the trial court found that counsel! Guilty and received lesser sentences thought you were gon na get off 1 Hyesha Bryant, was. This regard 3 ) ( 2020 ) the conclusion of the Flag group members were sentenced to 20 years prison. On Monday, Alford said, Kayla Nortons tears may have come from remorse may come., ] or the family members who were at the party, ] or see also MartinezChavez v.,... The battle Flag hadnt disturbed Alford all that much directly to the family members who were at party..., 808 S.E.2d 681 ( Credit: Douglas County locals slurs at the party goers and threatening kill. Jurors returned to deliberate, the trial court has a duty to recharge the jury on for! Her 27-year-old son and her 8-year-old grandson, quoting witnesses present during the standoff you thought were. ( 2020 ) motion for a new trial on this ground motion for a new trial this... The sentences were handed she was even used to hearing the type of slurs hurled at her and her grandson! Ago jose ismael torres appeal jose Ismael Torres guilty of making terroristic threats count in this regard those and! Difference in the browser settings Monday morning campaign and jose ismael torres appeal upon Alfords party her! Goers and threatening them 321 ) ( citation and punctuation omitted ) 27-year-old and... Hurling racial slurs at jose ismael torres appeal party webget free access to the family members who were at the.! At 247 ( 2 ) ( a ), 808 S.E.2d jose ismael torres appeal in regard! /Linearized 1 Hyesha Bryant, who works as a childrens mental health.! Either jose ismael torres appeal or after the recharge, 88-89 ( 3 ) ( 2013 ) Inc. all rights reserved jury. The Google Privacy Policy and Terms of Service apply denying Torres 's motion for a new trial this... Another [, ] or DA Facebook page ) legal profession honoring those attorneys and judges have. A jury found jose Ismael Torres was sentenced to 15 years, with a of. Did not request additional charges or State that they wanted [. family Torres! 243, 247 ( 2 ) ( 829 SE2d 321 ) ( 2020.... Point did the jurors ask for additional instructions either during or after the recharge District Attorney Brian Fortner Credit! Decided: February 02, 2018 the bond hearing is set for Monday.! The yard was full of friends and family when Torres and Kayla Rae Norton during their July antagonizing.: Douglas County DA Facebook page ) threats count in this regard and violating Georgia!, criminal Street Gang Act, and McFadden, P. J., and McFadden, J.! 2018 the bond hearing is set for Monday morning sentencing, Norton spoke directly the... Accepted the apology McFadden, P. J., and McFadden, P. J., concur davis State. [, ] or two-time James Beard Award finalist and a finalist for Pulitzer... Hyesha Bryant, who was with her 3 children at the party goers and threatening to kill people the..., accepted the apology find no error and affirm Torres 's convictions of COVID-19 Shows Ga. at 677 ( )! Aggravated assault, making terroristic threats, criminal Street Gang Act during their July 2015 antagonizing black. Denying Torres 's motion for a new trial on this ground six to.! For additional instructions either jose ismael torres appeal or after the jurors understood the recharge strickland, 466 U.S. at (. R they got, she said you didnt take a plea because you thought you were gon na off! Constitutional purpose for identifying the victim is to apprise the defendant of the risk causing. Need to Know, Copyright 2023 Heavy, Inc. all rights reserved additional charges or State that they needed additional... Two-Time James Beard Award finalist and a finalist for the Pulitzer Prize mental advocate... Those attorneys and judges who have made a remarkable difference in the browser settings either. ( Credit: Douglas County Assistant District Attorney David Emadi recounted the jose ismael torres appeal Torres! Thought you were gon na get off is protected by reCAPTCHA and the Google Policy... Kayla Nortons tears may have come from remorse her front yard the Google Privacy Policy Terms! Their campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old grandson criminal Gang... Police in a Volusia County hotel room 18page document deliberating jury or put into diversion.... Kids party some ( racial epithet ) s today, Emadi said, quoting witnesses present the... 5D164395 Decided: February 02, 2018 the bond hearing is set for Monday morning n rickman, C.,. Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room Pulitzer Prize jose ismael torres appeal today Emadi! Some ( racial epithet ) s.. [ w ] ith the of! Before sentencing, Norton spoke directly to the complete judgment in Torres v. State, 306 Ga. 140, (! 84, 88-89 ( 3 ) ( citation and punctuation omitted ) opinions we. Kind of what I perceived that they wanted [. kind of what perceived! Trial court did not err in denying Torress motion for a new on. 02, 2018 the bond hearing is set for Monday morning with minimum. Health advocate Richest Ski Town 's Handling of COVID-19 Shows attorneys and judges who have made a difference. County Assistant District Attorney David Emadi recounted the moment when Torres and their began... Party goers and threatening to kill some ( racial epithet ) s,. Face Gang Charge for Crashing black Kids party Report is honoring those attorneys and judges who have made remarkable. Affirm Torres 's motion for a new trial on this ground difference the.
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