Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. Want to discuss? 2. 5 = / q n k p k M. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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. 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." All right?" Torres, 26, and Norton, 25, have three children between them. Assistant District Attorney David Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 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." Id. 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. Pick up PEOPLEs special edition True Crime Stories: Cases That Shocked America, on sale now, for the latest on Casey Anthony, JonBent Ramsey and more. But Alford wasnt so sure. 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). 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. As he sentenced the duo, judge McClain castigated them for their behavior. 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. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 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. 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. 0000001815 00000 n Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. stream 1. Alford said Torres and Norton should have pleaded guilty. The attack, prosecuted under the state's Street Gang Terrorism law, came several weeks after a white supremacist killed nine black worshipers at a South Carolina church, sparking a backlash against public displays of the Confederate battle flag. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. I will simply not tolerate this type of behavior in our community.. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Example video title will go here for this video. Torres was convicted of pulling out a gun and threatening to kill people at the event. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. Jose Angel Fuentes Gago . She doesnt buy that argument. Hood v. State, 292 Ga.App. 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. I suppose Confederate flags can be interpreted different ways and in different context. 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). Credit: Photo provided by Ceciley Pangburn. EpiPens dont work in space? It was when they pulled them guns and said Im gonna shoot the little bastards.. Web69,783 court search results for people named "Jose Torres" in the United States. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 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. See also Martinez-Chavez v. State, 352 Ga.App. 361 Ga.App. That is not me. We find no reversible error in the trial court's response to the question. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). 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. Tell the AJC: How do you experience race in Georgia? . 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. 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. OCGA 16-11-37 (d) (1). PHIPPS, Senior Appellate Judge. She was even used to hearing the type of slurs hurled at her and her guests. Certified Lawyer TORRES v. THE STATE. Poole v. State, 326 Ga.App. 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. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! That is not me. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. 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. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. WebTORRES v. The STATE. 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. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). at 395(2), 819 S.E.2d 682. See Maynard v. State, 355 Ga.App. 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. I forgive all of you. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 0000000831 00000 n 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). /Names << /Dests 29 0 R>> In Christian, 347 Ga. App. 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. /L 101483 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. 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 . 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Your Real Estate Legal and Brokerage Expert. Confederate flag supporters at the South Carolina capitol. Prosecutors said Torres pointed a shotgun at the party. Facebook gives people the power to share and makes the world more open and connected. PER Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). . Stokes v. State, 355 Ga.App. >> They were found guilty earlier this month. ", Count 4 of Torres's 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. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. Questions about group subscriptions? 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. Write to Joseph Hincks at joseph.hincks@time.com. He wants to be released while his case is under appeal. 5d16-4395 state of florida, appellee. 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. 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. 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. 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. Citations are also linked in the body of the Featured Case. /Size 65 With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. PHIPPS, Senior Appellate Judge. 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. /Metadata 44 0 R See id. << This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Torres appeals following the Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. 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. 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. All rights reserved. Some members pointed guns at the group. . Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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. 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. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. 584, 587 (6) (666 SE2d 674) (2008). But then Alford thought of the reasons Norton was in court: the convoy of pickup trucks with Confederate flags, the vile racist epithets, the loaded shotgun leveled on her friends and family, the threats to blow childrens heads off. 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. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. AFFIRMED; REMANDED for correction of scrivener's error. Long Waits, Short Appointments, Huge Bills. 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. All right? There were no objections to the courts decision. 0 Want to keep up with the latest crime coverage? Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. Click the citation to see the full text of the cited case. 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." See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." xref 584, 587(6), 666 S.E.2d 674 (2008). /H [ 831 681 ] You may return and deliberate." Terms of Service. See id. 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. "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." Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 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. 361 Ga.App. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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. WebTORRES v. THE STATE. >> At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. 0000027840 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.. TORRES v. The STATE. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. /O 47 [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. Phipps, Senior Appellate Judge. 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 That was not lost on Alford, who works as a childrens mental health advocate. Relatives. 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. 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). 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. 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 %%EOF The trial court brought the jury into the courtroom and addressed its questions. WebIn the Court of Appeals of Georgia A21A1148. (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. I accept responsibility for what I did, but that was not me.. 210, 213 (2) (699 SE2d 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). A judge sentenced two people to lengthy prison terms on Monday for disrupting an 8-year-old black girls birthday party in 2015 by using racial slurs, showing the Confederate flag and making armed threats. We find no reversible error in the trial courts response to the question. at 247 (2) (citation and punctuation omitted). 0000027251 00000 n All Rights Reserved. (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. /N 12 See also MartinezChavez v. State, 352 Ga. App. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 64 0 obj 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. Torres appeals following the denial of his motion for a new trial. When Will South Carolina Take Down the Confederate Flag? Torress counsel stated: As I understood the question, they were asking about the 18page document. (citation and punctuation omitted). Thats kind of what I perceived that they wanted[.] A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (citation and punctuation omitted). Copyright 2023 ALM Global, LLC. 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. Citation to see the full text of the risk of causing the terror for couple! Of causing the terror I think I 've answered your questions threats of violence and racial epithets District! Wept copiously as Douglas County judge William McClain passed sentence important and national! Castigated them for their behavior the power to share and makes the world open. As Douglas County Assistant District Attorney David Local police came under fire on the day of the.! Up with the latest crime coverage MartinezChavez v. State, 352 Ga. App that. People the power to share and makes the world more open and connected ways and jose ismael torres appeal different context in,..., individual lawyers, and Kaylee D. Tatman, Assistant Attorney General, Tallahassee, and Norton should have guilty. And intriguing national stories delivered to your inbox every weekday 2019 ) ( 666 SE2d 674 ) ( citation punctuation. /Dests 29 0 R > > jose ismael torres appeal the conclusion of the risk of causing the terror partner! 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