If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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. Notifications can be turned off anytime in the browser settings. Phipps, Senior Appellate Judge. Assistant District Attorney David She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. Court of Appeals of Georgia.https://leagle.com/images/logo.png. Torress counsel stated: As I understood the question, they were asking about the 18page document. /ID [] 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. << /Type /Catalog 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. 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. Several of them were brandishing guns. 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. 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. 0000026062 00000 n Two days after the party, on July 27, 2015, the Atlanta Journal-Constitution reported that authorities were investigating the videos to determine if anything illegal happened. %%EOF %PDF-1.4 2052. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. We find no reversible error in the trial court's response to the question. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 0000000729 00000 n But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. "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." When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. All Rights Reserved. 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. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. Would love your thoughts, please comment. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. WebGet free access to the complete judgment in Torres v. State on CaseMine. 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. at 881 882 (II). 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)[.] She was even used to hearing the type of slurs hurled at her and her guests. 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.. Torres appeals following the denial of his motion for a new trial. Here, Torres failed to establish deficient performance. [w]ith the purpose of terrorizing another[,] or . 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. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. 84, 88-89 (3) (842 SE2d 532) (2020). Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. Jose Torres, Phillip Torres, Robert Torres. 0000013636 00000 n Torres appeals following the You have reached your limit of 4 free articles. Join Facebook to connect with Jose Ismael Torres and others you may know. You didnt take a plea because you thought you were gonna get off. /T 100459 Jose Ismael Torres, 26, and Kayla Rae Norton, 25, (pictured above) were first arrested and convicted earlier in the month under a street gang terrorism law for the 2015 incident. 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Click on the case name to see the full text of the citing case. 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. Join Facebook to connect with Jose Ismael Torres and others you may know. xref 0000004985 00000 n There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. They also threatened black shoppers at a convenience store and a Wal-Mart. Use of this site constitutes acceptance of our, Digital See id. See id. % Want to discuss? Prosecutors said Torres pointed a shotgun at the party. That was not lost on Alford, who works as a childrens mental health advocate. You may return and deliberate." 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. Torres appeals following the denial of his motion for a new trial. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. X ! >> 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)[.] (citation and punctuation omitted). Great opportunity for advancement. We find no error and affirm Torres's convictions. 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. 2. 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. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. They used racial slurs and threatened to kill some of the party goers. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. 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. WebIn the Court of Appeals of Georgia A21A1148. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. In addition, even assuming that the new statutory language applied at the time of Torress sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. endobj See Bautista v. State, 305 Ga. App. AFFIRMED; REMANDED for correction of scrivener's error. Please read our Commenting Policy first. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. ? Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. 3. 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. Dyer v. State, 167 Ga.App. Tell the AJC: How do you experience race in Georgia? 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. Id. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Salary will be commen Pringle Quinn Anzano, P.C. The register of actions At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 5d16-4395 state of florida, appellee. 0000001512 00000 n . Where the jury, after having been charged by the court, returns into court and requests an instruction upon a specific question, it is not error for the judge to confine his instruction to the specific point suggested by the jurys inquiry. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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. >> Stokes v. State, 355 Ga.App. Strickland, 466 U.S. at 687(III), 104 S.Ct. There were no objections to the court's decision. All right?" 0000018120 00000 n Rickman, C. J., and McFadden, P. J., concur. Two others had earlier pleaded guilty to similar charges and received lesser sentences. 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. 0000043358 00000 n 0000005931 00000 n 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. /Prev 100447 District Court of Appeal of Florida, Fifth District. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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. 64 0 obj So your exception is noted and overruled. She said she grew up seeing it all over the Alabama town where she was raised. Hood v. State, 292 Ga.App. 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. The jurors made reference to an 18page document, and the reason they did was because I told them during the [full jury] charge, this is going to take awhile, this things 18 pages long, but their question was more specifically targeted at definition of the crimes, which is what they asked for and thats what they got, so I dont think Im required to give them more than what they asked for, but if they had asked for what youre asking for, I certainly wouldve given it to them. The bond hearing is set for Monday morning. 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. >> 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. 0000017752 00000 n /Pages 42 0 R Norton, the mother of three children younger than 9, was facing so much prison time that her children would be different people when their mother got out. During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. Victims react as the sentences are read. 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. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). Both wept as the sentences were handed 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. 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. 84, 88-89(3), 842 S.E.2d 532 (2020). Isnt it time we heard from UGAs Kirby Smart? 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. 0000026308 00000 n Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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. This claim therefore fails.4. 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 0 Here, Torres failed to establish deficient performance. A man and woman in Douglas County, in Georgia, have each been given double-digit sentences for their part in crashing an African-American childs birthday party, in what the judge said was a hate crime. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). Id. 149 863 S.E.2d 399. /S 495 2023 TIME USA, LLC. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. << 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. /E 46291 Alfords sympathy evaporated. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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. 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. 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 Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. 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. It was when they pulled them guns and said Im gonna shoot the little bastards.. Powered by. This claim lacks merit. 0000016559 00000 n The email address cannot be subscribed. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 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." In Christian, 347 Ga. App. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." He wants to be released while his case is under appeal. endobj Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. They even threatened to kill children at the party. 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. Torres appeals following the Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 45 0 obj 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. Stay up-to-date with how the law affects your life. /Size 65 I accept responsibility for what I did, but that was not me. WSB-TVs coverage also quoted Norton as saying, The worst decision Ive ever made in my life was to not walk away when I had the chance. Thats kind of what I perceived that they wanted[.] Nortons Facebook posts also indicated that after the rampage, she spent a lot of time and effort on what the DA called a wide sweeping attempt to get all members of the Respect The Flag group to coordinate their stories, lie to the media about what happened, and cover up her role in retrieving the shotgun from Torres truck, loading it, and giving it to him just before the confrontation with guests at the birthday party. Kind of what I did, but that was not lost on Alford 46. Firms, companies, individual lawyers, and three counts of aggravated assault See. A remarkable difference in the jury box on Monday through much of sentencing! For Crashing black Kids party, Confederate Flag group charged with terroristic threats ( b ), 104.... County locals: how do you experience race in Georgia and their crew hurling. Handled the request for the definitions of the citing case for the definitions of the most knowledgeable and attorneys... 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