jose ismael torres appeal

Instead, this case was about a group of people riding around our community, drinking alcohol, harassing and intimidating our citizens because of the color of their skin. Fortners statement went on to say that at the childs birthday party, members of Respect The Flag pulled out a shotgun and pointed it at the victims. 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. Please read our Commenting Policy first. TORRES v. The STATE. q With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. stream Advertisement. WebTORRES v. THE STATE. 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. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. >> Some members pointed guns at the group. Here, Torres failed to establish deficient performance. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Want to discuss? Terms of Service. Id. We disagree. 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). Rickman, C. J., and McFadden, P. J., concur. 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. Its inexplicable to me that you werent arrested by the police that day.. 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. Your article was successfully shared with the contacts you provided. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. 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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 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Keep fg with our flag!!!!!! 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). See Bautista v. State, 305 Ga. App. 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). 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. 1. /Pages 42 0 R 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. 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. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. I am not a mean spirited person and Im sorry for your family that it had to come this far.. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. Want to keep up with the latest crime coverage? 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. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The judge ordered the two permanently banished from Douglas County once they are released. Facebook gives people the power to share and makes the world more open and connected. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Join Facebook to connect with Jose Ismael Torres and others you may know. Receive free daily summaries of new opinions from "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." All right?" 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. ', Black Man Says Group Assaulted Him, Said 'Get a Noose' and 2 People Hit with Car at Protest, 2 Men Charged After Pinning Black Man to Tree in Indiana Incident Captured on Viral Video, Dylann Roof Sentenced to Death for Killing 9 Black People in Charleston Church. 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. [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. The trial court brought the jury into the courtroom and addressed its questions. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 2023 TIME USA, LLC. Torres appeals following the denial of his motion for a new trial. PHIPPS, Senior Appellate Judge. 5d16-4395 state of florida, appellee. Copyright 2023, Thomson Reuters. Alford said Torres and Norton should have pleaded guilty. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. . The statute at that time contained no misdemeanor provisions. 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. That was not lost on Alford, who works as a childrens mental health advocate. 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 Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. However, it [is] within the courts discretion whether to recharge the jury in full or only upon the point or points requested by the jury. Barnes v. State, 305 Ga. 18, 23 (3) (823 SE2d 302) (2019) (citation and punctuation omitted). Photos: Hate crime in Douglasville, Georgia. /S 495 You gamble, you win or you lose.. They used racial slurs and threatened to kill some of the party goers. 0000027251 00000 n Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. Torres appeals following the at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. Our Team Account subscription service is for legal teams of four or more attorneys. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). All Rights Reserved. Contact us. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 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. 2052. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 0000001512 00000 n Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 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. An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if it states the offense in the terms and language of [the Georgia] Code or so plainly that the nature of the offense charged may easily be understood by the jury. Click the citation to see the full text of the cited case. Credit: Photo provided by Ceciley Pangburn. 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. Salary will be commen Pringle Quinn Anzano, P.C. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). Jose Torres, Phillip Torres, Robert Torres. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 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To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. The next day they kept up their campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old grandson. See Bautista v. State, 305 Ga.App. 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 . I think the tears were mainly because they got caught, Alford said. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Contact Us| I forgive you. When Will South Carolina Take Down the Confederate Flag? 1. >> endobj The other two pleaded guilty and are serving shorter prison terms. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 149 863 S.E.2d 399. Torres and Norton have three children together, although they are not married. She was even used to hearing the type of slurs hurled at her and her guests. I wasnt mad about them flying those flags, Alford said. On Monday, Alford said, Kayla Nortons tears may have come from remorse. /Size 65 Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. /Names << /Dests 29 0 R>> Summers is serving four years in prison and Henderson is serving two. He said it had been his intent to kill black people and start a race war. We disagree. OCGA 16-11-37 (d) (1). Before sentencing, Norton spoke directly to the family members who were 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.. /N 12 Customer Service| Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. 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). It is within the courts discretion to recharge the jury in full or only upon the point or points requested. For an optimal experience visit our site on another browser. 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. Tell the AJC: How do you experience race in Georgia? 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. You didnt take a plea because you thought you were gonna get off. 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 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. See Hulett v. State, 296 Ga. 49, 60 (5) (766 SE2d 1) (2014) (an ineffectiveassistance claim is a mixed question of law and fact, and we accept the trial courts factual findings unless clearly erroneous and independently apply the law to those facts); see also Strickland v. Washington, 466 U. S. 668, 698 (IV) (104 SCt 2052, 80 LE2d 674) (1984). /Info 43 0 R They caused so much mayhem, McClain said, 911 call centers were flooded with calls. 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)[.] 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). /Prev 100447 0000013636 00000 n 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. The email address cannot be subscribed. The display of the battle flag hadnt disturbed Alford all that much. 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. trailer (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. 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Dyer v. State, 167 Ga.App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 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. xref At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. In Christian, 347 Ga. App. Web69,783 court search results for people named "Jose Torres" in the United States. 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. 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. Rickman, C. J., and McFadden, P. J., concur. Long Waits, Short Appointments, Huge Bills. 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. That is not him. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. They even threatened to kill children at the party. I will simply not tolerate this type of behavior in our community.. Confederate flag supporters at the South Carolina capitol. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Assistant District Attorney David They also threatened black shoppers at a convenience store and a Wal-Mart. ! She said she grew up seeing it all over the Alabama town where she was raised. 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. Torres appeals following the 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. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 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. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. 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." 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
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