jose ismael torres appeal
But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. The trial court brought the jury into the courtroom and addressed its questions. 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. Dyer v. State, 167 Ga. App. 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. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. A jury found Jose Ismael Torres guilty of making terroristic threats, 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. Questions about group subscriptions? 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. startxref All right? There were no objections to the courts decision. 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. 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. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. /Linearized 1 Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. 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. Notifications can be turned off anytime in the browser settings. 84, 88-89(3), 842 S.E.2d 532 (2020). With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Hood v. State, 292 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. He wants to be released while his case is under appeal. WebGet free access to the complete judgment in Torres v. State on CaseMine. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Please try again. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 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. "[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. 361 Ga.App. 0000001815 00000 n (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. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. 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 Contact us. 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. 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. 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. >> Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Click the citation to see the full text of the cited case. 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. >> . We disagree. Prosecutors say that Norton and Torres started using menacing language. We find no reversible error in the trial court's response to the question. Web69,783 court search results for people named "Jose Torres" in the United States. 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. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. This claim lacks merit. The bond hearing is set for Monday morning. /S 495 The children at the party heard and saw much of the altercation. 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. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). Example video title will go here for this video. 3. They got what they got, she said. 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." Id. I wasnt mad about them flying those flags, 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 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. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. That is not me. Receive free daily summaries of new opinions from Torres appeals following the denial of his motion for a new trial. WebJose Ismael Torres is on Facebook. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. /Root 46 0 R I forgive all of you. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. District Court of Appeal of Florida, Fifth District. 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. 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. %PDF-1.4 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 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." 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. 149. We, therefore, remand for the trial court to make the correction in the written sentence. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Norton was sentenced to 15 years, with a minimum of six to serve. Torres and Norton have three children together, although they are not married. . 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.. 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. All rights reserved. /Metadata 44 0 R Two others had earlier pleaded guilty to similar charges and received lesser sentences. 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. /ID [] Thats kind of what I perceived that they wanted[.] EpiPens dont work in space? I forgive you. This claim therefore fails.4. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Well blow the head off the little bastards. We disagree. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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. It was when they pulled them guns and said Im gonna shoot the little bastards.. You have reached your limit of 4 free articles. /Length 607 At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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. /H [ 831 681 ] Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). Torres appeals following the denial of his motion for a new trial. They waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. My understanding was that the Court was going to read the same thing that you read to them in [the full jury] charge, rather than just the charges themselves. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. The majority of police officers visible in the initial birthday-party cellphone video were white. "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." After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. 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. 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). He said it had been his intent to kill black people and start a race war. /L 101483 Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. All right?" 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 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". 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Torres contends that his trial counsel should have filed a general demuurer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. 2023 TIME USA, LLC. 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. PHIPPS, Senior Appellate Judge. ( $ x A C 4 W At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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. "1 Poole, 326 Ga. App. 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-. Terms of Service. 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. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. 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. 0000004744 00000 n However, "it [is] within the court's discretion whether to recharge the jury in full or only upon the point or points requested by the jury." 361 Ga.App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Stay up-to-date with how the law affects your life. 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. 5 = / q n k p k M. endobj Torres appeals following the 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). Join Daily Report now! 1. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Copyright 2023 ALM Global, LLC. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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). << Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. PER IE 11 is not supported. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. Judgment affirmed. Norton had chosen to ride along on that convoys racist tear across two counties. WebView the profiles of people named Jose Ismael Torres. . Stokes v. State, 355 Ga. App. ? Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. The trial court found that trial counsel was not ineffective in this regard. The two were found guilty in 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. 2052, 80 L.Ed.2d 674 (1984). Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. Your article was successfully shared with the contacts you provided. << Powered by. 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. 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." 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. Some members pointed guns at the group. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. I accept responsibility for what I did, but that was not me.. In Christian, 347 Ga. App. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Confederate flag supporters at the South Carolina capitol. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 0000006358 00000 n 142, 143(1), 834 S.E.2d 139 (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). Want to keep up with the latest crime coverage? All Rights Reserved. TORRES v. THE STATE. 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. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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. Specifically, Count 4 of Torress indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. WebIn the Court of Appeals of Georgia A21A1148. 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. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 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. 0000000831 00000 n Our Team Account subscription service is for legal teams of four or more attorneys. @FOX5Atlanta pic.twitter.com/Dz2QWT2tBP Portia Bruner (@PortiaFOX5) February 27, 2017 In July 2015, just weeks after the Charleston church massacre, a large group of. Assistant District Attorney David 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. 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. "A general demurrer challenges the validity of an indictment by asserting that the substance of the indictment is legally insufficient to charge any crime, and it should be granted only when an indictment is absolutely void in that it fails to charge the accused with any act made a crime by the law." [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. 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. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. You gamble, you win or you lose.. /Pages 42 0 R Debevoise Is Ready. 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. 584, 587 (6) (666 SE2d 674) (2008). Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry what did! And her partner, Jose Ismael Torres guilty of making terroristic jose ismael torres appeal theres only one way interpret... Confederate flags that drove around Paulding and Douglas counties intimidating people who passed.! He said it had been his intent to kill black people and start race! An outdoor birthday party with Confederate flags that drove around Paulding and Douglas counties intimidating people passed. 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jose ismael torres appeal