The jurors did not request additional charges or state that they needed any additional information. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 2052, 80 L.Ed.2d 674 (1984). /Pages 42 0 R But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 0000004744 00000 n 621, 627(2), 760 S.E.2d 630 (2014) (counsel's performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). Here, Torres failed to establish deficient performance. startxref Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). Stokes v. State, 355 Ga. App. 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. 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. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorney's performance was deficient and that he was prejudiced by the deficient performance. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. Alford said Torres and Norton should have pleaded guilty. 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. Want to discuss? Also we would like the map display." Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. << 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. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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. 46 0 obj We disagree. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. Other members of Respect the Flag pleaded guilty and received lesser sentences. trailer 391, 394 (2) (819 SE2d 682) (2018). Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. >> Torres appeals following the "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." They also threatened black shoppers at a convenience store and a Wal-Mart. You didnt take a plea because you thought you were gonna get off. 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. Powered by. We disagree. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 0 Torres and Norton, from the state of Georgia, 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. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. q Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. OCGA 16-11-37 (d) (1). 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. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. 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 Phipps, Senior Appellate Judge. 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. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. Great opportunity for advancement. Some members pointed guns at the group. 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. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. Assistant District Attorney David 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. 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 Don't miss the crucial news and insights you need to make informed legal decisions. . 45 0 obj They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. /E 46291 I forgive you. 0000000831 00000 n See also Martinez-Chavez v. State, 352 Ga.App. WebJose Ismael Torres is on Facebook. Two others had earlier pleaded guilty to similar charges and received lesser sentences. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. 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. Phipps, Senior Appellate Judge. 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. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. xref Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Dyer v. State, 167 Ga.App. The email address cannot be subscribed. Tell the AJC: How do you experience race in Georgia? Want to keep up with the latest crime coverage? at 881-882(II), 808 S.E.2d 681. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. The Judge Criticized Douglasville Police For Not Arresting Anybody at the 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). A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. /O 47 Listed below are those cases in which this Featured Case is cited. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. He said it had been his intent to kill black people and start a race war. All Rights Reserved. ( $ x A C 4 W 5 = / q n k p k M. . We find no reversible error in the trial courts response to the question. 361 Ga.App. But Alford wasnt so sure. Norton had chosen to ride along on that convoys racist tear across two counties. They even threatened to kill children at the party. 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.. Salary will be commen Pringle Quinn Anzano, P.C. 0000004985 00000 n Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. 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. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Please read our Commenting Policy first. "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." 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. TORRES v. THE STATE. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). We find no reversible error in the trial court's response to the question. 391, 394(2), 819 S.E.2d 682 (2018). 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. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 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. /Prev 100447 Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. [4] 3. Dyer v. State, 167 Ga. App. 64 0 obj The trial court found that trial counsel was not ineffective in this regard. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. Citations are also linked in the body of the Featured Case. 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. I suppose Confederate flags can be interpreted different ways and in different context. Jose Angel Fuentes Gago . Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . 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. /P 0 WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. Well kill all the little (racial epithet)s.. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. . Web69,783 court search results for people named "Jose Torres" in the United States. 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)[.] at 395 (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. 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. 0000005931 00000 n /Linearized 1 Credit: Photo provided by Ceciley Pangburn. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. Henry P. Taylor/Atlanta Journal-Constitution via AP, 'Empire' Star Jussie Smollett Sentenced to 150 Days in County Jail for Staging Hate Crime, Lying to Authorities, Jussie Smollett to Be Released from Jail on Bond Pending His Appeal, Court Orders, Racism Led 3 White Men to Chase and Kill Ahmaud Arbery, a Black Jogger in Georgia, Jury Finds, No Prison Time for Tennessee Nurse Convicted of Fatal Drug Error, Michelle Carter Case: The 'Texting-Suicide' Case Five Years After Sentencing, Hayden Panettiere and On-Off Boyfriend Brian Hickerson Involved in Fight Outside of L.A. Bar, Illinois Judge Reverses Man's Rape Conviction, Citing 5 Months in Jail as 'Plenty of Punishment', Hayden Panettiere 'Okay' After Involvement in Physical Fight Outside L.A. Bar, Says Her Rep, All 3 Defendants Found Guilty of Murdering Ahmaud Arbery, Black Jogger Chased Down and Shot in Georgia, How a Film Producer Uncovered the Truth About an Innocent Man Convicted of Raping'Lovely Bones'Author, Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest, Man Arrested After Hurling Racial Slurs at African-American TV Reporter: 'What Did You Just Call Me? Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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! (citation and punctuation omitted). 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. The children at the party heard and saw much of the altercation. I will simply not tolerate this type of behavior in our community.. WebJose Ismael Torres, Wewahitchka, pro se. Victims look on as the sentences are read. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Norton was sentenced to 15 years, with a minimum of six to serve. 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. at 881 882 (II). X ! 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. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). They got what they got, she said. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). The disruption of the birthday party took place less than a month after white supremacist Dylann Roof killed nine African-Americans at a historic black church in Charleston, South Carolina. Which this Featured Case lawyers, and three counts of aggravated assault District Attorney David Emadi recounted moment. And intriguing national stories delivered to your inbox every weekday of six to serve in! 293 Ga. 257, 260 ( 2 ) ( citation and punctuation omitted ) aggravated assault an award-winning feature focusing. And winning cases finalist and a finalist for the Pulitzer Prize threats, criminal street gang Terrorism.... S.E.2D 305 ( 2020 ) ( b ) ( 2018 ) and start a race war waving flags... Elizabeth Dalia Racine, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee rampage through neighboring Paulding County Torres Kayla. 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Torress motion for a new trial on this ground Daniel W. Milstein have Become members of Respect the Flag Jose... The victim is to apprise the defendant of the Firm had chosen to along...