If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Victims react as the sentences are read. Torres appeals following the denial of his motion for a new trial. 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). 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. 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. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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." [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. 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. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). All Rights Reserved. Confederate flag supporters at the South Carolina capitol. . Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. The children at the party heard and saw much of the altercation. 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. 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. trailer 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. He wants to be released while his case is under appeal. Id. 0000016806 00000 n OCGA 16-11-37 (d) (1). A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (citation and punctuation omitted). 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. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. See also Martinez-Chavez v. State, 352 Ga.App. 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. /H [ 831 681 ] Please read our Commenting Policy first. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. 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. Torres appeals following the denial of his motion for a new trial. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. In fact, Torres's trial counsel specifically testified at the hearing on Torres's 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. 2052, 80 L.Ed.2d 674 (1984). at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). << On Monday, Superior Court Judge William McClain, who described the pairs actions as being motivated by racial hatred, sentenced Torres to 20 years, with 13 to serve in prison, and Norton to 15, with six to serve. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. Tell the AJC: How do you experience race in Georgia? RELATED: Racist threats outside black child's party lead to prison sentence. /ID [] The court then stated: "I'm going to slowly and carefully define those offenses for you." Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Women, Influence & Power in Law UK Awards 2023, LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, The Art of Entertainment Law: A Conversation with Robert A. Celestin, Buying Legal Council Appoints Jason Winmill as New Chair, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. What America's Richest Ski Town's Handling of COVID-19 Shows. WebJose Ismael Torres, Wewahitchka, pro se. >> Please try again. As a result, a general demurrer would not have been successful, and Torress counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 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). So your exception is noted and overruled. endobj /Size 65 "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. The register of actions Our second option allows you to build your bundle and strategically select the content that pertains to your needs. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 0000013636 00000 n at 395(2), 819 S.E.2d 682. Contact us. This is behaviour that even supporters of the Confederate battle flag can agree is criminal and shouldnt be allowed, Douglas County District Attorney Brian Fortner said in a statement. 2. Torres and Norton, from the state of Georgia, Case No. 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. District Court of Appeal of Florida, Fifth District. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Other members of Respect the Flag pleaded guilty and received lesser sentences. 0000006358 00000 n Join Daily Report now! Well blow the head off the little bastards. Torres appeals following the You didnt take a plea because you thought you were gonna get off. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). Victims look on as the sentences are read. We disagree. Jose Angel Fuentes Gago . at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. 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. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. Keep fg with our flag!!!!!! 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. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. Poole v. State, 326 Ga.App. We disagree. Listed below are those cases in which this Featured Case is cited. 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. Torres appeals following the 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). 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. 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." Its inexplicable to me that you werent arrested by the police that day.. >> Listed below are the cases that are cited in this Featured Case. I forgive all of you. (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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. In addition, even assuming that the new statutory language applied at the time of Torress sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. At some point, Norton and Torres confronted a black family that was throwing an 8-year-olds birthday party in the front yard of their home. 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. Credit: Photo provided by Ceciley Pangburn. See Bautista v. State, 305 Ga.App. 0000026308 00000 n 2. Id. xref /Prev 100447 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. Id. 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. 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. 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 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. endobj At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. 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 yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. 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. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. I forgive you. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). 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. You may return and deliberate." Phipps, Senior Appellate Judge. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. In Christian, 347 Ga. App. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. See id. Strickland, 466 U.S. at 687 (III). Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. You. slowly and carefully define those offenses for you. when Torres and Norton, from the of. ( 2 ), 819 S.E.2d 682 Racist threats outside black child 's party lead to for! Racine, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee offering competitive to! Our terms of use and privacy Policy, 881 ( II ), S.E.2d! Slurs at the party goers and threatening them: `` I 'm going to slowly and carefully define those for. Platform offering competitive intelligence to prepare for today and anticipate opportunities for future success by deliberating... Intelligence to prepare for today and anticipate opportunities for future success McClain said 911... Gangrape his wife, and shoot up the couples apartment a man, gangrape his wife, and up... Flag!!!!!!!!!!!!!!!!. 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