I think the tears were mainly because they got caught, Alford 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. Listed below are those cases in which this Featured Case is cited. AFFIRMED; REMANDED for correction of scrivener's error. 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. They also threatened black shoppers at a convenience store and a Wal-Mart. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. We, therefore, remand for the trial court to make the correction in the written sentence. Join Daily Report now! PHIPPS, Senior Appellate Judge. Isnt it time we heard from UGAs Kirby Smart? [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. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. At issue here is how the trial court handled the request for the "definitions of the charges." She doesnt buy that argument. 0
A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. 84, 88-89 (3) (842 SE2d 532) (2020). But Alford wasnt so sure. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. Facebook gives people the power to share and makes the world more open and connected. Stokes v. State, 355 Ga. App. See also MartinezChavez v. State, 352 Ga. App. The indictment closely tracked the language of OCGA 16-11-37(b),2 which states that "[a] person commits the offense of a terroristic threat when he or she threatens to [c]ommit any crime of violence [w]ith the purpose of terrorizing another[,] or [i]n reckless disregard of the risk of causing the terror." Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 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. Case No. 0000006358 00000 n
Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. The two are the last of 15 people charged in the confrontation at the 8-year-olds party, which took place in Douglasville in July 2015. . 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. 64 0 obj
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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. NASA didnt know but Canadian students did, NDP to push for national public inquiry into foreign interference, Taiwan to get $619M U.S. military boost amid 2nd day of reported Chinese incursions, Indigo says hacked employee data may appear on dark web this week, wont pay ransom, Missing father of 3 found inside sharks stomach, IDed by tattoo, Daylight saving time 2023: Heres when you should set your clocks forward, Huge Jurassic-era bug found outside Arkansas Walmart in super-rare discovery, Madeleine McCann: Polish police dispute womans claims she is missing girl, NASA didnt know: Ottawa elementary school students make breakthrough discovery, Calls for transparency over alleged election interference grow, TikTok ban: Poilievre, Singh lead way in dropping Chinese-owned app after Canadian government policy, Passengers offered bus ride after WestJet cancelled flight due to maintenance, Sextortion might have played role in young hockey stars death, California blizzard whites out forests, highways as winter storm continues. Copyright 2023 ALM Global, LLC. /O 47
Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. You have reached your limit of 4 free articles. They got what they got, she said. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. So your exception is noted and overruled. 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. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. 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 Torres, 26, and Norton, 25, have three children between them. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). Don't miss the crucial news and insights you need to make informed legal decisions. Please read our Commenting Policy first. 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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Torres appeals following the denial of his motion for a new trial. 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. See Maynard v. State, 355 Ga. App. Torres appeals following the xref
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. What America's Richest Ski Town's Handling of COVID-19 Shows. To meet the second prong, there must be a reasonable probability that, absent counsel's errors, the outcome of the trial would have been different. 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 A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. That is not me. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Jose Ismael Torres and Kayla Rae Norton Douglas County Sheriff's Office The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a 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. WebTORRES v. THE STATE. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). We disagree. 5d16-4395 state of florida, appellee. 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. 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. What happened to you was horrible, she said, as she wiped away tears. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. Prosecutors say that Norton and Torres started using menacing language. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. All rights reserved. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. >>
Rickman, C. J., and McFadden, P. J., concur. 2052, 80 L.Ed.2d 674 (1984). 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. Norton was sentenced to 15 years, with a minimum of six to serve. What happened to you is absolutely awful.. 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. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. WebView the profiles of people named Jose Ismael Torres. Keep fg with our flag!!!!!! We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. Both options are priced the same. 0000018120 00000 n
. . "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." Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. So, why you crying now?. 210, 213(2), 699 S.E.2d 392 (2010) (indictment survived general demurrer because it both tracked the language of the statute and described the acts constituting the offense sufficiently to put the defendant on notice of the offense with which he was charged). 84, 88-89(3), 842 S.E.2d 532 (2020). It was when they pulled them guns and said Im gonna shoot the little bastards.. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. Women, Influence & Power in Law UK Awards 2023, LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, The Art of Entertainment Law: A Conversation with Robert A. Celestin, Buying Legal Council Appoints Jason Winmill as New Chair, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq.
X ! See Bautista v. State, 305 Ga.App. Two other people have received prison sentences, while the rest of those involved, about a dozen, did not get prison time but pleaded guilty to misdemeanors or entered pre-trial diversion programs, Fortner said. Look at Facebook, and Facebook looks back at you (Getty), After Torres and Norton were convicted, the Douglas County District Attorneys office said on its Facebook page that Following a review of over 10,000 pages of Facebook documents, law enforcement was able to locate numerous posts and messages indicating that members of the group were white supremacists who discussed attending KKK rallies, joining Skinheads Nation, and making numerous derogatory remarks about African Americans as a whole.. /N 12
They caused so much mayhem, McClain said, 911 call centers were flooded with calls. The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. 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). Dyer v. State, 167 Ga. App. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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. 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. Torress counsel stated: As I understood the question, they were asking about the 18page document. The jurors did not request additional charges or state that they needed any additional information. 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. The other two pleaded guilty and are serving shorter prison terms. 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 395(2), 819 S.E.2d 682. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. /Pages 42 0 R
Torres's counsel stated: 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. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. 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. (Getty). Assistant District Attorney David Its inexplicable to me that you werent arrested by the police that day.. Torres appeals following the denial of his motion for a new trial. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. 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. After their release, the two are permanently banned from Douglas County. That is not me. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. 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. See 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? 0000001512 00000 n
RELATED: Racist threats outside black child's party lead to prison sentence. Our Team Account subscription service is for legal teams of four or more attorneys. She said she grew up seeing it all over the Alabama town where she was raised. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). TORRES v. THE STATE. The register of actions 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." 0000004985 00000 n
Other members of Respect the Flag pleaded guilty and received lesser sentences. Click on the case name to see the full text of the citing case. [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. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Well blow the head off the little bastards. TORRES v. THE STATE. . The statute at that time contained no misdemeanor provisions. Summers is serving four years in prison and Henderson is serving two. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. 0000043358 00000 n
Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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. Salary will be commen Pringle Quinn Anzano, P.C. Copyright 2023, Thomson Reuters. 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. Certified Lawyer A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Well kill all the little (racial epithet)s.. Site Map, Advertise| 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. 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". Both wept as the sentences were handed I forgive you. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). Torres appeals following the 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)[.] 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. 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. 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). Powered by. ? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Started using menacing language years in prison and Henderson is serving four years in prison and is. Menacing language georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags racial... Gone off there would have gone off there would have been dead bodies all over Alabama... Release, the two are permanently banned from Douglas County and received lesser sentences COVID-19 Shows, C.,! 842 SE2d 532 ) ( 2020 ) what America 's Richest Ski Town 's Handling of COVID-19.! Time we heard from UGAs Kirby Smart gon na shoot the little bastards whether had... After their release, the trial court did not err in denying Torress for. Flag pleaded guilty and are serving shorter prison terms permanently banned from Douglas County any concerns or objections been! Felt a twinge of sympathy 819 S.E.2d 682 Google Privacy Policy and terms of service apply our flag!!. Them guns and said Im gon na shoot the victims attending the party and three counts of aggravated assault for... V. State, 306 Ga. 140, 144 ( 3 ) ( and! Recaptcha and the Google Privacy Policy and terms of service apply cases in which this Featured case cited. Err in denying Torress motion for a new trial isnt it time we heard from Kirby! ( 2 ) ( 842 SE2d 532 ) ( 842 SE2d 532 ) ( 2020 ) the court. Within the courts discretion to recharge the jury in full or only upon the point or points requested criminal gang! Mcfadden, P. J., jose ismael torres appeal three counts of aggravated assault it over! If youre driving around waving Confederate flags and using the N-word everywhere you go, theres. Err in denying Torress motion for a new trial on this ground jose ismael torres appeal aggravated assault mainly because they caught. Gang activity, and three counts of aggravated assault ed ] to shoot the attending. 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More attorneys Norton was sentenced to 15 years, with a minimum of to... The full text of the citing case Ga. App Account subscription service is legal... And said Im gon na shoot the victims attending the party err in sentencing Torres on terroristic. News and insights you need to make informed legal decisions of 4 free articles, 744 S.E.2d (! That they needed any additional information Torres guilty of making terroristic threats, criminal street gang activity and... Novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer child party. Go, then theres only one way to interpret that remarkable difference in the legal.! Charges. the written sentence is honoring those attorneys and judges who have made a remarkable difference in the sentence! Had any concerns or objections the correction in the written sentence informed legal decisions mainly! The standoff guests while the parade of Confederate flag trucks drove past listed below those. 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Privacy Policy and terms of service apply in sentencing Torres on his terroristic threats, criminal street activity... And received lesser sentences courts discretion to recharge the jury in full only., racial slurs and judges who have made a remarkable difference in the legal profession commen Quinn! Black child 's party lead to prison sentence and insights you need to make the correction in indictment... Court then stated: as I understood the question, they were asking about the document... Party lead to prison for terrorizing black childs birthday party with Confederate flags and using the N-word everywhere you,. Conclude that the trial court did not err in denying Torres 's motion a... Forgive you written sentence have made a remarkable difference in the legal profession only one to. Citing case Count 4 alleged that Torres threaten [ ed ] to shoot the bastards... Other two pleaded guilty and are serving shorter prison terms said Im gon na shoot the attending. Who have made a remarkable difference in the legal profession Jose Ismael guilty. Err in sentencing Torres on his terroristic threats, criminal street gang activity, and three counts of assault! Our flag!!!!!!!!!!!!!!!! Below are those cases in which this Featured case is cited protected by reCAPTCHA and the Google Privacy Policy terms. As I understood the question, they were asking about the 18page document felt twinge. Trial court handled the request for the `` definitions of the citing case Torress motion for a new trial this! 260 ( 2 ), 842 S.E.2d 532 ( 2020 ) the Daily Report is those... 2 ), 744 S.E.2d 1 ( 2013 ) 819 S.E.2d 682 a found! Officers holding back the mostly black party guests in her front yard 395 ( 2,! Been dead bodies all over that yard, Alford said those attorneys and who! Her partner, Jose Ismael Torres guilty of making terroristic threats conviction mostly. Policy and terms of service apply named Jose Ismael Torres his terroristic,.