The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). ? That is not him. This claim therefore fails.4. What happened to you is absolutely awful.. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 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. DOUGLASVILLE, Ga. A Georgia judge sentenced two people to lengthy prison terms for their role in the disruption of a black childs birthday party with Confederate flags, racial slurs and armed threats. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. This claim therefore fails. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). endobj /E 46291 Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. The court then stated: "I'm going to slowly and carefully define those offenses for you." A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Photos: Hate crime in Douglasville, Georgia. The Judge Criticized Douglasville Police For Not Arresting Anybody at the 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. Keep fg with our flag!!!!!! A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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." Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. The judge ordered the two permanently banished from Douglas County once they are released. After Torres and Nortons sentencing, Douglasville police defended their delayed response in a statement saying that Because of the seriousness of this case to our community, we wanted to get this case right the first time. /H [ 831 681 ] Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. TORRES v. The STATE. Rickman, C. J., and McFadden, P. J., concur. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. [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.[1] Poole, 326 Ga. App. She doesnt buy that argument. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 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. /P 0 WebView the profiles of people named Jose Ismael Torres. A jury found Jose Ismael Torres guilty of making terroristic threats, Stay up-to-date with how the law affects your life. (Getty). 0000043358 00000 n 45 20 IE 11 is not supported. Prosecutors said Torres pointed a shotgun at the party. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. at 881-882(II), 808 S.E.2d 681. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). /Size 65 Credit: Photo provided by Ceciley Pangburn. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). stream 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. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). I think the tears were mainly because they got caught, Alford said. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Torress counsel stated: As I understood the question, they were asking about the 18page document. Victims react as the sentences are read. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. %%EOF Also we would like the map display." WebTORRES v. THE STATE. 84, 88-89(3), 842 S.E.2d 532 (2020). 0000026062 00000 n 5d16-4395 state of florida, appellee. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. Notifications can be turned off anytime in the browser settings. 46 0 obj 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. Both wept as the sentences were handed Before sentencing, Norton spoke directly to the family members who were at the party. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. 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. 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. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). 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. 0000006358 00000 n (citation and punctuation omitted). Web69,783 court search results for people named "Jose Torres" in the United States. . Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 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. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. Torres appeals following the denial of his motion for a new trial. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). Your article was successfully shared with the contacts you provided. 0000016806 00000 n Here, Torres failed to establish deficient performance. Torres and Norton have three children together, although they are not married. 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. 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 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. 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. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 0000004985 00000 n Torres and Norton, from the state of Georgia, /T 100459 The bond hearing is set for Monday morning. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. See id. That was not lost on Alford, who works as a childrens mental health advocate. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). 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. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. . . 2. EpiPens dont work in space? Magazines, Digital "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. "[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. >> Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 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 pair had joined a group called Respect the Flag that drunkenly drove around Georgias Douglas and Paulding counties over two days in July 2015. WebGet free access to the complete judgment in Torres v. State on CaseMine. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Jose Torres, Phillip Torres, Robert Torres. To meet the second prong, there must be a reasonable probability that, absent counsel's errors, the outcome of the trial would have been different. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. 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. I will simply not tolerate this type of behavior in our community.. The two are the last of 15 people charged in the confrontation at the 8-year-olds party, which took place in Douglasville in July 2015. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. 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. 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 Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 1. 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. My understanding was that the Court was going to read the same thing that you read to them in [the full jury] charge, rather than just the charges themselves. Confederate flag supporters at the South Carolina capitol. 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. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. You gamble, you win or you lose.. % 391, 394(2), 819 S.E.2d 682 (2018). This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. PER 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". 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. 0000027251 00000 n Rickman, C. J., and McFadden, P. J., concur. In fact, Torress trial counsel specifically testified at the hearing on Torress motion for a new trial that he did not file a general demurrer because although the indictment did not name a specific person, one or more video recordings showed several persons at the party. Only four were charged with felonies. The email address cannot be subscribed. 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. 0000013636 00000 n Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. "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. . /Pages 42 0 R He wants to be released while his case is under appeal. 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. Well blow the head off the little bastards. 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 Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Id. Torres, 26, and Norton, 25, have three children between them. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. As he sentenced the duo, judge McClain castigated them for their behavior. 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. The children at the party heard and saw much of the altercation. xref Powered by. 142, 143 (1) (834 SE2d 139) (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). I forgive you. 0000005931 00000 n at 395(2), 819 S.E.2d 682. at 394(2), 819 S.E.2d 682, the defendant threatened to stab a man, gang-rape his wife, and shoot up the couple's apartment. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Your Real Estate Legal and Brokerage Expert. 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. So, why you crying now?. 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. 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. She was even used to hearing the type of slurs hurled at her and her guests. 584, 587 (6) (666 SE2d 674) (2008). at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. They also threatened black shoppers at a convenience store and a Wal-Mart. 0000004744 00000 n Please read our Commenting Policy first. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. I wasnt mad about them flying those flags, Alford said. Other members of Respect the Flag pleaded guilty and received lesser sentences. 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. They got what they got, she said. Despite the many news articles with such misleading headlines as Couple sentenced to prison for disrupting birthday party with Confederate flags, Douglasville District Attorney Brian Fortner specified, in a statement posted on the Douglas County District Attorneys Office Facebook page, that the flags had nothing to do with the legal penalties doled out to Torres, Norton or other members of the Respect the Flag group. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. 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. 5D164395 Decided: February 02, 2018 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. Torres appeals following the denial of his motion for a new trial. 361 Ga.App. The sentencing comes in the aftermath of the recent sentencing of white supremacist, Dylan Roof who had massacred nine African-Americans at a Charleston church, with the youth using the Confederate flag as a symbol on his WebJose Ismael Torres, 26, was sentenced to 20 years in prison and will serve 13, and Kayla Rae Norton, 25, received 15 years, serving six. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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! 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. 1. (citation and punctuation omitted). [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. OCGA 16-11-37 (d) (1). Torres appeals following the Contact Us| 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. All rights reserved. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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. 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. He said it had been his intent to kill black people and start a race war. Phipps, Senior Appellate Judge. endobj This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Some members pointed guns at the group. Customer Service| What happened to you was horrible, she said, as she wiped away tears. The trial court brought the jury into the courtroom and addressed its questions. Victims look on as the sentences are read. 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." Alfords sympathy evaporated. 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. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. We find no reversible error in the trial courts response to the question. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. 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). The display of the battle flag hadnt disturbed Alford all that much. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. (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. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. [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. 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. WebIn the Court of Appeals of Georgia A21A1148. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. >> Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. /ID [] Here, Torres failed to establish deficient performance. 0000018120 00000 n 2. I forgive all of you, Bryant said as Norton and Torres wept. Write to Joseph Hincks at joseph.hincks@time.com. Relatives. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. /Info 43 0 R The other two pleaded guilty and are serving shorter prison terms. You didnt take a plea because you thought you were gonna get off. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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."