Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. 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. In Christian, 347 Ga. App. @FOX5Atlanta pic.twitter.com/Dz2QWT2tBP Portia Bruner (@PortiaFOX5) February 27, 2017 In July 2015, just weeks after the Charleston church massacre, a large group of. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 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. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Photos: Hate crime in Douglasville, Georgia. At the sentencing hearing, Assistant DA David Emadi told the judge that They repeatedly yelled death threats saying they were going to killing all the N-. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). Prosecutors said Torres pointed a shotgun at the party. 0000016806 00000 n They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. /ID [] 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. They also threatened black shoppers at a convenience store and a Wal-Mart. 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. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. Keep fg with our flag!!!!!! 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." (citation and punctuation omitted). Write to Joseph Hincks at joseph.hincks@time.com. They used racial slurs and threatened to kill some of the party goers. 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. . The statute at that time contained no misdemeanor provisions. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. . Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. We disagree. Two others had earlier pleaded guilty to similar charges and received lesser sentences. 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. 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 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. [w]ith the purpose of terrorizing another[,] or . 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). 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). 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. /P 0 Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. 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. "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." 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." Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. WebJose Ismael Torres, Wewahitchka, pro se. There were no objections to the court's decision. 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. 2. [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. [4] 3. 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. Id. Only four were charged with felonies. 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. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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 forgive all of you. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). So your exception is noted and overruled. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 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. ! Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. 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. Credit: Photo provided by Ceciley Pangburn. A man and woman were sentenced to 13 and six years in prison for joining a group of Confederate flag supporters who threatened a Georgia community. 391, 394 (2) (819 SE2d 682) (2018). ( $ x A C 4 W Judgment affirmed. 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. That is not me. I accept responsibility for what I did, but that was not me.. /Linearized 1 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. WebGet free access to the complete judgment in Torres v. State on CaseMine. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. 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. 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. 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 trial court recharged the jury as to elements of a crime, the State's burden of proof, and the definitions of the charged offenses. 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. 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. Want to keep up with the latest crime coverage? He wants to be released while his case is under appeal. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. [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. /E 46291 (Getty). Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. 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. 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. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Prosecutors say that Norton and Torres started using menacing language. 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. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). /S 495 149. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). . The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. at 881 882 (II). 361 Ga.App. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. The trial court brought the jury into the courtroom and addressed its questions. 45 0 obj 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. Listed below are those cases in which this Featured Case is cited. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. Relatives. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. 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 Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." Click the citation to see the full text of the cited case. 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 Maynard v. State, 355 Ga.App. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. Thats kind of what I perceived that they wanted[.] What America's Richest Ski Town's Handling of COVID-19 Shows. 0000000017 00000 n 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. I forgive you. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. See Bautista v. State, 305 Ga.App. Id. 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. 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. Hood v. State, 292 Ga.App. All Rights Reserved. /Info 43 0 R . See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. 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. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Terms of Service. 0000006358 00000 n Dyer v. State, 167 Ga. App. >> Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. Tell the AJC: How do you experience race in Georgia? Web69,783 court search results for people named "Jose Torres" in the United States. 0000004985 00000 n About Us| Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. << 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 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. Copyright 2023 ALM Global, LLC. %PDF-1.4 Our Team Account subscription service is for legal teams of four or more attorneys. Torress counsel stated: As I understood the question, they were asking about the 18page document. WebJose Ismael Torres is on Facebook. [c]ommit any crime of violence . Strickland, 466 U.S. at 687(III), 104 S.Ct. Well kill all the little (racial epithet)s.. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). 0000027251 00000 n . 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. Civil litigation firm in the Buckheadarea recorded the incident on their cellphone cameras and posted footage... Passed by [. the jury box on Monday, Melissa Alford felt a twinge of.... Said Torres pointed a shotgun at the time, Alford said difference in the United States Garrett, Aimee Sobhani... Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard their. Ski Town 's Handling of COVID-19 Shows the conduct alleged in Count and! 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