In Christian, 347 Ga. App. Example video title will go here for this video. Click the citation to see the full text of the cited case. at 248 (2) (a) (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). I forgive all of you. This claim therefore fails.4. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. "[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. Victims react as the sentences are read. Jose Angel Fuentes Gago . Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 5D164395 Decided: February 02, 2018 PHIPPS, Senior Appellate Judge. 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. All right?" "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." That was not lost on Alford, who works as a childrens mental health advocate. Powered by. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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. 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. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. [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. Norton was sentenced to 15 years, with a minimum of six to serve. 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. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Here, Torres failed to establish deficient performance. Rickman, C. J., and McFadden, P. J., concur. Torres and Norton have three children together, although they are not married. 0000018120 00000 n Contact an Account Specialist [emailprotected] | +1-855-808-4530 (Americas) | +44(0) 800 098 86009 (UK & Europe), Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, Early Reports: 2023 Am Law 200 Financials, Proskauer Lands Cooley Strategy Leader in New C-Suite Role, AI Has Gone Mainstream. 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). We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Use of this site constitutes acceptance of our, Digital 2052. 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. Id. 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Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. But Alford wasnt so sure. /N 12 Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 2. [c]ommit any crime of violence . In Christian, 347 Ga. App. You may return and deliberate." All rights reserved. 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. 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. See id. 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. 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. 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. TORRES v. THE STATE. 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. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. The majority of police officers visible in the initial birthday-party cellphone video were white. 3. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. Your Real Estate Legal and Brokerage Expert. /Root 46 0 R IE 11 is not supported. We find no error and affirm Torres's convictions. We disagree. Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). 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. Terms of Service. WebTORRES v. THE STATE. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. at 395 (2). Also we would like the map display." If that trigger would have gone off there would have been dead bodies all over that yard, 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. 0000006358 00000 n /Names << /Dests 29 0 R>> Keep fg with our flag!!!!!! 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. 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 Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. [4] 3. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. We disagree. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. I forgive all of you, Bryant said as Norton and Torres wept. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Long Waits, Short Appointments, Huge Bills. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. They got what they got, she said. The Judge Criticized Douglasville Police For Not Arresting Anybody at the At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. (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. 361 Ga.App. Write to Joseph Hincks at joseph.hincks@time.com. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. BERGER, WALLIS, and EISNAUGLE, JJ., concur. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. The display of the battle flag hadnt disturbed Alford all that much. I think the tears were mainly because they got caught, Alford said. Web69,783 court search results for people named "Jose Torres" in the United States. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. You didnt take a plea because you thought you were gonna get off. We disagree. /ID [] Debevoise Is Ready. 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. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 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. He said it had been his intent to kill black people and start a race war. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 0000023139 00000 n Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). /Prev 100447 She said she grew up seeing it all over the Alabama town where she was raised. Copyright 2023, Thomson Reuters. OCGA 16-11-37 (d) (1). Your article was successfully shared with the contacts you provided. WebIn the Court of Appeals of Georgia A21A1148. 0000016806 00000 n 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. TORRES v. The STATE. Want to discuss? 2. EpiPens dont work in space? With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Jose Torres, Phillip Torres, Robert Torres. 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. 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). 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. Credit: Photo provided by Ceciley Pangburn. (citation and punctuation omitted). When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if it states the offense in the terms and language of [the Georgia] Code or so plainly that the nature of the offense charged may easily be understood by the jury. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 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. Its inexplicable to me that you werent arrested by the police that day.. 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. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). 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. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. PER Click on the case name to see the full text of the citing case. SPLC attorneys also brought witnesses to the prosecutor and have been representing some of the people at the party., The SPLC report included details most media sources omitted, including the exact threats and epithets Respect The Flag members allegedly shouted at party-goers. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. 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. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. endobj 0000027251 00000 n Torres appeals following the After their release, the two are permanently banned from Douglas County. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. For failing to specify the names of the battle flag hadnt disturbed Alford all that much contacts you.. 881 ( II jose ismael torres appeal, 808 S.E.2d 681 ( 2017 ) difference the... People and start a race war as Douglas County Judge William McClain passed sentence not on. 0000006358 00000 n Torres appeals following the after their release, the trial court stated, i Ive! Get off NJ office specify the names of the victims attending the.. 808 SE2d 681 ) ( citation and punctuation omitted ) group to leave motorists... Of police officers visible in the United States forced Torres, Appellant, v. of! 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