Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. 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. /ID [] Torres appeals following the 2. 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. Copyright 2023 ALM Global, LLC. All right?" 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." Rickman, C. J., and McFadden, P. J., concur. 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. 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. 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. 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". See id. I will simply not tolerate this type of behavior in our community.. The display of the battle flag hadnt disturbed Alford all that much. 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. 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." /Size 65 /O 47 /Info 43 0 R We find no reversible error in the trial courts response to the question. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. AFFIRMED; REMANDED for correction of scrivener's error. 0000023139 00000 n With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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 Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. Notifications can be turned off anytime in the browser settings. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. The two were found guilty in Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). 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. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Torres and Norton, from the state of Georgia, 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. That is not me. Its inexplicable to me that you werent arrested by the police that day.. WebJose Ismael Torres is on Facebook. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). Use of this site constitutes acceptance of our, Digital << at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). q /Pages 42 0 R 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. We find no error and affirm Torress convictions. They were found guilty earlier this month. Case No. All rights reserved. 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. 5 = / q n k p k M. 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. 46 0 obj 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. 0000027251 00000 n PHIPPS, Senior Appellate Judge. We disagree. 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. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). Torres appeals following the denial of his motion for a new trial. The children at the party heard and saw much of the altercation. 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 0000006358 00000 n Keep fg with our flag!!!!!! 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. Phipps, Senior Appellate Judge. Stay up-to-date with how the law affects your life. 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. WebJose Ismael Arreola v. The State of Texas Appeal from 195th Judicial District Court of Dallas County (opinion ) Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 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. The two sentenced Monday, Jose Torres and Kayla Norton, who authorities said yelled racist slurs and threatened the birthday revelers with a shotgun, were the last of the group to be sentenced. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 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. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). All Rights Reserved. They said, Well blow the heads off all the little b and the little n can get one too., But at Torres and Nortons sentencing, party-goers accepted Nortons apology and offered forgiveness. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Listed below are those cases in which this Featured Case is cited. 2052, 80 L.Ed.2d 674 (1984). Phipps, Senior Appellate Judge. %PDF-1.4 Your article was successfully shared with the contacts you provided. 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. %%EOF Judgment affirmed. This claim therefore fails.4. Credit: Photo provided by Ceciley Pangburn. 2. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. 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." A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. at 881 882 (II). Torres appeals following the denial of his motion for a new trial. What happened to you is absolutely awful.. WebGet free access to the complete judgment in Torres v. State on CaseMine. But Alford wasnt so sure. 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. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. Georgia residents Jose Ismael Torres and Kayla Rae Norton were sentenced to lengthy prison terms February 26 for their participation in a two-day-long series of hate crimes that terrorized minorities throughout Douglas and Paulding counties in July 2015, one month after white supremacist (and Confederate battle flag admirer) Dylann Roof murdered nine African-American churchgoers in Charleston, South Carolina, in hopes of starting a race war. 3. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. /E 46291 >> << 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). Two others had earlier pleaded guilty to similar charges and received lesser sentences. (Getty). 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. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. See id. They got what they got, she said. 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. at 248(2)(a), 756 S.E.2d 322 (an indictment charging terroristic threats without specifying the "crime of violence" that had been threatened tracked the language of the statute and was not fatally defective). Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. PHIPPS, Senior Appellate Judge. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. >> endobj Torres appeals following the denial of his motion for a new trial. We find no error and affirm Torres's convictions. (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. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. at 881-882(II), 808 S.E.2d 681. 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." 84, 88-89 (3) (842 SE2d 532) (2020). /T 100459 Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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. That was not lost on Alford, who works as a childrens mental health advocate. I wasnt mad about them flying those flags, Alford said. In addition, even assuming that the new statutory language applied at the time of Torres's sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. TORRES v. The STATE. 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. Dyer v. State, 167 Ga.App. See Hulett v. State, 296 Ga. 49, 60(5), 766 S.E.2d 1 (2014) (an ineffective-assistance claim is a mixed question of law and fact, and we accept the trial court's 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 S.Ct. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. 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. Isnt it time we heard from UGAs Kirby Smart? 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)[.] Site Map, Advertise| Long Waits, Short Appointments, Huge Bills. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 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. What happened to you was horrible, she said, as she wiped away tears. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. Join Facebook to connect with Jose Ismael Torres and others you may know. Write to Joseph Hincks at joseph.hincks@time.com. Court of Appeals of Georgia.https://leagle.com/images/logo.png. /Type /Catalog Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! PER Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Example video title will go here for this video. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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). When Will South Carolina Take Down the Confederate Flag? Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. 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. PHIPPS, Senior Appellate Judge. 0000026308 00000 n Also we would like the map display." Please try again. (citation and punctuation omitted). We disagree. "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." 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. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Powered by. He wants to be released while his case is under appeal. They used racial slurs and threatened to kill some of the party goers. trailer TORRES v. THE STATE. 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. 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. For an optimal experience visit our site on another browser. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. 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. 0000001815 00000 n Copyright 2023, Thomson Reuters. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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