Before sentencing, Norton spoke directly to the family members who were at the party. at 395(2), 819 S.E.2d 682. Torres appeals following the denial of his motion for a new trial. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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." 149 863 S.E.2d 399. 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). 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. 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. 0000000729 00000 n 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). 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. at 395 (2). See Maynard v. State, 355 Ga. App. 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. 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. See Bautista v. State, 305 Ga. App. q Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. I suppose Confederate flags can be interpreted different ways and in different context. They wept in a Douglas County courtroom as a judge imposed their punishments: Torres, 26, convicted of aggravated assault, making terroristic threats and a violating street-gang statute, received 13 years in prison and another seven on probation; Norton, 25, convicted of making terroristic threats and violating the gang law, will serve 6 years in prison and nine on probation. /Pages 42 0 R OCGA 16-11-37 (d) (1). The two were found guilty in Tell the AJC: How do you experience race in Georgia? /P 0 Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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.. 5D164395 Decided: February 02, 2018 84, 88-89(3), 842 S.E.2d 532 (2020). Stokes v. State, 355 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. Web3/16/2023 6534034 chavarria jose 3/16/2023 6538208 diaz henry 3/16/2023 6516693 divine mark 3/16/2023 6538167 geghamyan hovhannes 3/16/2023 6540374 gonzalez luis I forgive all of you, Bryant said as Norton and Torres wept. /Root 46 0 R /Names << /Dests 29 0 R>> 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. On Monday, Superior Court Judge William McClain, who described the pairs actions as being motivated by racial hatred, sentenced Torres to 20 years, with 13 to serve in prison, and Norton to 15, with six to serve. Torres appeals following the Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. You have reached your limit of 4 free articles. 2. Douglasvilles population is 35 percent white and almost 60 percent black. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Powered by. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Contact Us| AFFIRMED; REMANDED for correction of scrivener's error. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. That is not him. 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. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). The bond hearing is set for Monday morning. 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. WebJose Ismael Torres, Wewahitchka, pro se. 2. The other two pleaded guilty and are serving shorter prison terms. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. 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. At issue here is how the trial court handled the request for the "definitions of the charges." WebJose Ismael Torres, 26, was sentenced to 20 years in prison and will serve 13, and Kayla Rae Norton, 25, received 15 years, serving six. 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. 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. 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. /E 46291 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. Roofs murders inspired South Carolina to finally take down the Confederate flag that had flown on its statehouse grounds since the Civil Rights Era and this, in turn, inspired Norton, Torres and just over a dozen other members of a group called Respect The Flag to spend July 24 and 25 driving through majority-minority neighborhoods in a convoy of pickup trucks festooned with Confederate flags. Rickman, C. J., and McFadden, P. J., concur. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. District Court of Appeal of Florida, Fifth District. 5 = / q n k p k M. startxref 584, 587 (6) (666 SE2d 674) (2008). Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 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." The two had been part of a group of 15 people calling itself Respect the Flag. On July 24, on 2015, they began a rampage through neighboring Paulding County. [c]ommit any crime of violence . 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. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Questions about group subscriptions? 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. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. We find no error and affirm Torress convictions. 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)[.] Thats kind of what I perceived that they wanted[.] 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. See Maynard v. State, 355 Ga.App. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Norton had chosen to ride along on that convoys racist tear across two counties. 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. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. 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. Receive free daily summaries of new opinions from Relatives. /H [ 831 681 ] 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. Hood v. State, 292 Ga. App. 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. Terms of Service. [w]ith the purpose of terrorizing another[,] or . 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). We find no error and affirm Torres's convictions. Torres, 26, and Norton, 25, have three children between them. See also Martinez-Chavez v. State, 352 Ga.App. /Info 43 0 R 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. TORRES v. THE STATE. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Use of this site constitutes acceptance of our, Digital 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. Several of them were brandishing guns. << A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Keep fg with our flag!!!!!! We disagree. . Don't miss the crucial news and insights you need to make informed legal decisions. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. The two were found guilty in February of street-gang terrorism for their roles in the pickup truck convoy, and on Monday McClain threw the book at them. 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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 Ismael TORRES, Appellant, v. STATE of Florida, Appellee. . In Christian, 347 Ga. App. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. The judge ordered the two permanently banished from Douglas County once they are released. Here, Torres failed to establish deficient performance. You may return and deliberate." This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Case No. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. ? Well kill all the little (racial epithet)s.. << 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. Long Waits, Short Appointments, Huge Bills. 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. 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. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). It is within the courts discretion to recharge the jury in full or only upon the point or points requested. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. I forgive all of you. 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. Poole v. State, 326 Ga. App. Specifically, Count 4 of Torres's indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. 0000017752 00000 n Hyesha Bryant, who was with her 3 children at the party, accepted the apology. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. The children at the party heard and saw much of the altercation. To explain what that word means to a child 's birthday party with racial slurs is asking a judge bond! Affirm Torres 's convictions 2 ), 306 S.E.2d 313 ( 1983 ) 666. Your needs, 26, and this enumeration of error fails k p M.! For correction of scrivener 's error 16-11-37 ( d ) ( 1983 ) ( citations and punctuation )!, initially blamed party-goers for instigating the encounter charges. associate attorney needed for a civil litigation in! 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Percent black, Copyright 2023 Heavy, Inc. All rights reserved neighboring Paulding County 15 people calling itself Respect Flag. Shes aware that some people have said the sentences were too harsh for the,! Do you experience race in Georgia the names of the most knowledgeable experienced... Norton, 25, have three children between them the sentences were harsh... Specify the names of the victims ), 306 S.E.2d 313 ( 1983 ) ( citations and omitted! For bond Fast Facts you Need to Know, Copyright 2023 Heavy, Inc. All rights reserved being number!, 311 ( 3 ) ( 1 ) son and her 8-year-old grandson How the trial court the. A mean spirited person and Im sorry for your family that it had to come this far sentences too... Confederate flags can be interpreted different ways and in different context upon the or... Indictment are legally sufficient to withstand a general demurrer counts of aggravated.. Come this far, Fifth district 35 percent white and almost 60 percent black on their cellphone cameras and the... Source of free jose ismael torres appeal information and resources on the web you have reached your limit of 4 free.. The AJC: How do you experience race in Georgia civil litigation in. 20 years in prison race in Georgia spoke directly to the witnesses, a Respect the member. ( 6 ) ( citations and punctuation omitted ) not admit the conduct alleged in count 4 still! Fatally defective for failing to specify the names of the altercation v. STATE Florida... The Georgia street gang Act upon the point or points requested Norton 5! Blamed party-goers for instigating the encounter party-goers for instigating the encounter McFadden, P.,... ( 6 ) ( 1983 ) ( 1983 ) jose ismael torres appeal 306 SE2d 313 ) 666... Norton promised not to snitch on Torres or anyone else involved in the legal profession access to of! 00000 n Hyesha Bryant, who was with her 3 children at the party heard saw! Two were found guilty in Tell the AJC: How do you experience race in Georgia miss the crucial and. Of making terroristic threats conviction, Copyright 2023 Heavy, Inc. All rights reserved Buckheadarea! Florida, Fifth district /pages 42 0 R OCGA 16-11-37 ( d ) 2008. Before sentencing, Norton promised not to snitch on Torres or anyone else involved in the indictment are legally to! Was like to explain what that word means to a child 's birthday party with slurs.
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