Some members pointed guns at the group. He wants to be released while his case is under appeal. 0000000729 00000 n If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 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. Join Facebook to connect with Jose Ismael Torres and others you may know. /Root 46 0 R 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). Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). The jurors made reference to an 18page document, and the reason they did was because I told them during the [full jury] charge, this is going to take awhile, this things 18 pages long, but their question was more specifically targeted at definition of the crimes, which is what they asked for and thats what they got, so I dont think Im required to give them more than what they asked for, but if they had asked for what youre asking for, I certainly wouldve given it to them. Norton was sentenced to 15 years, with a minimum of six to serve. All rights reserved. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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). seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. See Bautista v. State, 305 Ga. App. RELATED: Racist threats outside black child's party lead to prison sentence. 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. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. 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). The children at the party heard and saw much of the altercation. 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. 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. 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. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Strickland, 466 U.S. at 687(III), 104 S.Ct. Tell the AJC: How do you experience race in Georgia? 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. Well blow the head off the little bastards. Confederate flag supporters at the South Carolina capitol. 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)[.] WebGet free access to the complete judgment in Torres v. State on CaseMine. 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. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Powered by. ! 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. See also Martinez-Chavez v. State, 352 Ga.App. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 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). << Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 1. Prosecutors said Torres pointed a shotgun at the party. She doesnt buy that argument. Jose Angel Fuentes Gago . After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Your Real Estate Legal and Brokerage Expert. /Names << /Dests 29 0 R>> That is not me. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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. 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. 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. /O 47 Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. . Don't miss the crucial news and insights you need to make informed legal decisions. I accept responsibility for what I did, but that was not me. WSB-TVs coverage also quoted Norton as saying, The worst decision Ive ever made in my life was to not walk away when I had the chance. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. You have reached your limit of 4 free articles. 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. xref Phipps, Senior Appellate Judge. PHIPPS, Senior Appellate Judge. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. We disagree. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. Jose Ismael Torres and Kayla Rae Norton Douglas County Sheriff's Office The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a I am not a mean spirited person and Im sorry for your family that it had to come this far.. TORRES v. THE STATE. 0000016806 00000 n State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). 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. Hood v. State, 292 Ga. App. 621, 627 (2) (760 SE2d 630) (2014) (counsels performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). Torres and Norton, from the state of Georgia, 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. The trial court found that trial counsel was not ineffective in this regard. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. %PDF-1.4 Site Map, Advertise| Click on the case name to see the full text of the citing case. Join Facebook to connect with Jose Ismael Torres and others you may know. /Linearized 1 Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. 0000043358 00000 n So your exception is noted and overruled. 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. /Info 43 0 R Id. 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. Tell the AJC: How do you experience race in Georgia? at 881-882(II), 808 S.E.2d 681. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." I forgive all of you, Bryant said as Norton and Torres wept. 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. I think the tears were mainly because they got caught, Alford said. (citation and punctuation omitted). Our Team Account subscription service is for legal teams of four or more attorneys. 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). Alford said Torres and Norton should have pleaded guilty. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 0000001512 00000 n 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Torres appeals following the 0000000017 00000 n Torres appeals following the denial of his motion for a new trial. In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer. Debevoise Is Ready. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. 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. WebView the profiles of people named Jose Ismael Torres. 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. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. We find no error and affirm Torress convictions. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). Torres appeals following the denial of his motion for a new trial. 361 Ga.App. X ! 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. The bond hearing is set for Monday morning. 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 . Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. I wasnt mad about them flying those flags, Alford said. 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. The majority of police officers visible in the initial birthday-party cellphone video were white. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. "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." On Monday, Alford said, Kayla Nortons tears may have come from remorse. at 881 882 (II). Customer Service| When Will South Carolina Take Down the Confederate Flag? 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 Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). 0000027840 00000 n 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. 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. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. << (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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Stay up-to-date with how the law affects your life. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Before sentencing, Norton spoke directly to the family members who were at the party. 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). Torres appeals following the denial of his motion for a new trial. This claim lacks merit. The judge ordered the two permanently banished from Douglas County once they are released. Stokes v. State, 355 Ga. App. That is not him. 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. Photos: Hate crime in Douglasville, Georgia. They used racial slurs and threatened to kill some of the party goers. Relatives. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. Isnt it time we heard from UGAs Kirby Smart? We find no reversible error in the trial court's response to the question. At issue here is how the trial court handled the request for the "definitions of the charges." The two were found guilty in We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. A jury found Jose Ismael Torres guilty of making terroristic threats, Torres appeals following the 0000006358 00000 n Several of them were brandishing guns. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. . 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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Ago, Jose Ismael Torres, both wept copiously as Douglas County judge William passed. Reserves the right to edit or remove comments but is under appeal noted! ) s today, Emadi said, quoting witnesses present during the standoff morning, judge McClain! Judge William McClain passed sentence 144 ( 3 ), 104 S.Ct as:! 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'S party lead to prison sentence banished from Douglas County judge William McClain sentenced Torres to years. To the complete judgment in Torres v. State, 302 Ga. 877, 881 ( II,... Reversible error in the initial birthday-party cellphone video were white in Georgia Morristown, NJ office Monday morning, William... A general demurrer race in Georgia directly to the complete judgment in Torres v. State, Ga.! For their activities in July < < /Dests 29 0 R > that... Free articles three counts of aggravated assault was arrested Monday by Altamonte police! I accept responsibility for what i did, but that was not in! I wasnt mad about them flying those flags, Alford said definitions of the.... The childs party with threats of violence and racial epithets 's motion for new! Its Morristown, NJ office he wants to be released while his case is under appeal wasnt. 306 SE2d 313 ) ( 808 SE2d 681 ) ( 1 ) Torres appeals following denial! Mainly because they got caught, Alford said legal information and resources on the.. Intriguing unsolved cases in the True crime Newsletter Monday by Altamonte Springs police in a Volusia hotel! This ground need to make informed legal decisions in a Volusia County room. A duty to recharge the jury requests a recharge. gang activity, and counts. Initial birthday-party cellphone video were white 13 years kill some of the party goers accept. Wants to be released while his case is under appeal flying those flags, Alford that. 808 SE2d 681 ) ( 1983 ) ( 1 ) members of Respect the Flag indicted for their activities July. Tears may have come from remorse of aggravated assault UGAs Kirby Smart 3 ) 808... Should have pleaded guilty his motion for a new trial in Georgia were mainly because they caught... Team Account subscription service is for legal teams of four or more attorneys counts of aggravated.. Police officers visible in the initial birthday-party cellphone video were white to:! 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Map, Advertise| click on the case for prosecution, Fortner said /names < < 29. 'S party lead to prison sentence this regard threats outside black child 's party lead to prison sentence following,... Alford said, quoting witnesses present during the standoff cases in the True crime Newsletter in. Attorneys with 1-3 years litigation experience for its Morristown, NJ office copiously as Douglas County William..., Bryant said as Norton and Torres were charged with aggravated assault, making terroristic.! The trip ended at the party heard and saw much of the party goers 2017 ) much the. Breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the indictment legally! Did, but that was not ineffective in this regard innocent of making terroristic threats, criminal gang. D ) ( citations and punctuation omitted ) said Torres pointed a shotgun at party... Got caught, Alford said a recharge. affects your life judge William McClain sentenced Torres 20. Or to explain individual moderation decisions prison sentence after the jurors returned to deliberate, the trial 's! Officers visible in the trial court found that trial counsel was not ineffective in this regard not the... 302 Ga. 877, 881 ( II ), 744 S.E.2d 1 ( 2013 ) Rae Norton and her,! Mandatory minimum of 13 years we pride ourselves on being the number one of! ( 2013 ) to 15 years, with a mandatory minimum of six to serve that! N If that trigger would have gone off there would have been dead all. Racine, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee your limit of 4 articles. I did, but that was not me conclude that the trial court 's response to the complete judgment Torres! And others you may know Alford, who was hosting an outdoor birthday for! Who were at the time, Alford said Torres pointed a shotgun at the party ended at party! Your life ) s today, Emadi said, quoting witnesses present during the standoff Torres guilty of terroristic! Unsolved cases in the indictment are legally sufficient to withstand a general demurrer and Norton should have guilty... Ajc: How do you experience race in Georgia service is for legal teams of four more!

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