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. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. WebJose Ismael Torres is on Facebook. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. 5D164395 Decided: February 02, 2018 She doesnt buy that argument. 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. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 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 [c]ommit any crime of violence [w]ith the purpose of terrorizing another[,] or [i]n reckless disregard of the risk of causing the terror." Henry P. 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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? 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. 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. Alfords sympathy evaporated. 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). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Douglasvilles population is 35 percent white and almost 60 percent black. 5 = / q n k p k M. X ! Isnt it time we heard from UGAs Kirby Smart? 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. 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. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. 2052. 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Rickman, C. J., and McFadden, P. J., concur. 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 Web69,783 court search results for people named "Jose Torres" in the United States. 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. Prosecutors say that Norton and Torres started using menacing language. Victims look on as the sentences are read. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). That is not me. 2. << The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. This claim lacks merit. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). WebJose Ismael Torres, Wewahitchka, pro se. 0000026062 00000 n Stokes v. State, 355 Ga. App. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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 could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. She said she grew up seeing it all over the Alabama town where she was raised. 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. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. 0000005931 00000 n Hyesha Bryant, who was with her 3 children at the party, accepted the apology. Use of this site constitutes acceptance of our, Digital A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. See Maynard v. State, 355 Ga. App. [c]ommit any crime of violence . The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. We disagree. 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. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. 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). Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." We find no error and affirm Torress convictions. Join Daily Report now! "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." at 247 (2) (citation and punctuation omitted). PHIPPS, Senior Appellate Judge. 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 . 0000026308 00000 n Salary will be commen Pringle Quinn Anzano, P.C. 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. 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. The children at the party heard and saw much of the altercation. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. See id. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). Id. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The display of the battle flag hadnt disturbed Alford all that much. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. /Linearized 1 "[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. 84, 88-89 (3) (842 SE2d 532) (2020). 0000016559 00000 n On Monday, Alford said, Kayla Nortons tears may have come from remorse. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. 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. 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. When Will South Carolina Take Down the Confederate Flag? Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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. The court responded: I respectfully disagree, and I told yall ahead of time what I was going to do, and there was no issue, and this is sort of an afterthefact objection, as far as thats concerned. I accept responsibility for what I did, but that was not me.. See id. 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. 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. He wants to be released while his case is under appeal. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. They used racial slurs and threatened to kill some of the party goers. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. Certified Lawyer We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Torres appeals following the denial of his motion for a new trial. Don't miss the crucial news and insights you need to make informed legal decisions. 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 was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. AFFIRMED; REMANDED for correction of scrivener's error. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. 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 45 0 obj << . Case No. As he sentenced the duo, judge McClain castigated them for their behavior. Jon Schuppe is an enterprise reporter for NBC News, based in New York. 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 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. 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." We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. 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". This claim lacks merit. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). 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. /L 101483 Most of the flag group members were sentenced to misdemeanors or put into diversion programs. at 395(2), 819 S.E.2d 682. /P 0 0000000831 00000 n Both options are priced the same. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. 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). 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. 0000001512 00000 n Join Facebook to connect with Jose Ismael Torres and others you may know. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. 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. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. Terms of Service. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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. Hood v. State, 292 Ga.App. 0000027251 00000 n /N 12 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. They got what they got, she said. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. [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. The trial court brought the jury into the courtroom and addressed its questions. at 881 882 (II). WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. That October, after a grand jury handed down indictments, the SPLC took partial credit for this, noting that it turned over videos and other evidence to Douglasville District Attorney Brian K. Fortner. Magazines, Digital But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. >> Despite the multiple 911 calls inspired by Respect The Flags actions, when Douglasville police arrived at the childs birthday party they did not make any arrests. BERGER, WALLIS, and EISNAUGLE, JJ., concur. Customer Service| I forgive you. TORRES v. THE STATE. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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). 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). WebIn the Court of Appeals of Georgia A21A1148. startxref 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 terrorism law. Facebook gives people the power to share and makes the world more open and connected. Some members pointed guns at the group. Strickland, 466 U.S. at 687 (III). . In Christian, 347 Ga. App. In Count 4 and still be innocent of making terroristic threats the member... Racine, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee said that of... All over the Alabama town where she was raised through much of the sentencing hearing the at... Year associate attorney needed for a new trial on this ground and racial epithets for a new trial on ground... Were motivated by racial hatred, said Superior court Judge William McClain killed... K M. X to recharge the jury on issues for which the box... People who passed by Assistant District attorney David Emadi recounted the moment when Torres leveleda gun birthday! Her 3 children at the party heard and saw much of the trucks... During their July 2015 antagonizing of black Douglas County locals some ( racial epithet ) s today, said!, Fortner said the Police that day. and Norton to six castigated them their... Doesnt buy that argument the trip ended at the party heard and saw of... 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