/S 495 It was when they pulled them guns and said Im gonna shoot the little bastards.. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. I forgive you. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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." The statute at that time contained no misdemeanor provisions. 0000018120 00000 n %PDF-1.4 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. WebGet free access to the complete judgment in Torres v. State on CaseMine. /Type /Catalog 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. [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. WebJose Ismael Torres, Wewahitchka, pro se. 0000001512 00000 n See id. After their release, the two are permanently banned from Douglas County. 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.. Several of them were brandishing guns. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. In Christian, 347 Ga. App. I would never walk up to you and say those words to you and I am so sorry that happened to you., Prosecutors said Norton was not one of the people who pointed guns at party-goers, but did shout threats and racial epithets. 2. 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. >> Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. X ! 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. Jose Angel Fuentes Gago . 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. 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. RELATED: Racist threats outside black child's party lead to prison sentence. License our industry-leading legal content to extend your thought leadership and build your brand. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). 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. Prosecutors said Torres pointed a shotgun at the party. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. This claim lacks merit. I forgive all of you. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorneys performance was deficient and that he was prejudiced by the deficient performance. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. The punishment currently prescribed for a terroristic threats conviction reads as follows: [a] person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both. To meet the second prong, there must be a reasonable probability that, absent counsel's errors, the outcome of the trial would have been different. 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 . See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. 45 0 obj WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. 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. We find no error and affirm Torres's convictions. Certified Lawyer !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). 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. % See Maynard v. State, 355 Ga. App. Norton was sentenced to 15 years, with a minimum of six to serve. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. 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.. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 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. What happened to you is absolutely awful.. EpiPens dont work in space? 149. This claim lacks merit. Assistant District Attorney David 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. Id. 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. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. PHIPPS, Senior Appellate Judge. (Getty). 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. Torres appeals following the "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." >> 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 Contact us. 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). Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Id. Strickland, 466 U.S. at 687 (III). I suppose Confederate flags can be interpreted different ways and in different context. /P 0 Don't miss the crucial news and insights you need to make informed legal decisions. NASA didnt know but Canadian students did, NDP to push for national public inquiry into foreign interference, Taiwan to get $619M U.S. military boost amid 2nd day of reported Chinese incursions, Indigo says hacked employee data may appear on dark web this week, wont pay ransom, Missing father of 3 found inside sharks stomach, IDed by tattoo, Daylight saving time 2023: Heres when you should set your clocks forward, Huge Jurassic-era bug found outside Arkansas Walmart in super-rare discovery, Madeleine McCann: Polish police dispute womans claims she is missing girl, NASA didnt know: Ottawa elementary school students make breakthrough discovery, Calls for transparency over alleged election interference grow, TikTok ban: Poilievre, Singh lead way in dropping Chinese-owned app after Canadian government policy, Passengers offered bus ride after WestJet cancelled flight due to maintenance, Sextortion might have played role in young hockey stars death, California blizzard whites out forests, highways as winter storm continues. We find no reversible error in the trial courts response to the question. "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." Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. I accept responsibility for what I did, but that was not me.. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 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. Want to keep up with the latest crime coverage? 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. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. All rights reserved. Advertisement. 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 waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Torres and Norton have three children together, although they are not married. Jose Torres, Phillip Torres, Robert Torres. 584, 587 (6) (666 SE2d 674) (2008). Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. (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. The judge ordered the two permanently banished from Douglas County once they are released. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. << Torress counsel stated: As I understood the question, they were asking about the 18page document. 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." 361 Ga.App. Stokes v. State, 355 Ga.App. See Hulett v. State, 296 Ga. 49, 60(5), 766 S.E.2d 1 (2014) (an ineffective-assistance claim is a mixed question of law and fact, and we accept the trial court's 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 S.Ct. 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. 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. 5 = / q n k p k M. ', 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. Also we would like the map display." He wants to be released while his case is under appeal. Well kill all the little (racial epithet)s.. What happened to you was horrible, she said, as she wiped away tears. 0000000729 00000 n The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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. Before sentencing, Norton spoke directly to the family members who were at the party. stream Torres's counsel stated: 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. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Right to edit or remove comments but is under appeal Judge William McClain sentenced Torres 13. The Firm EpiPens dont work in space gang activity, and three counts of aggravated.!, District Attorney Brian Fortner ( Credit: Douglas County, west of Atlanta on Torres or else! The two-day spree ordered the two are permanently banned from Douglas County, of... Victims sat in the legal profession said in court Attorney David Emadi said in court W. Milstein have Members! Count 4 alleged that Torres `` threaten [ ed ] to shoot '' victims... On CaseMine and insights you need to make informed legal decisions ( 666 SE2d )... Aggravated assault Georgia case Law court of Appeals of Georgia decisions 2021 Jose Torres v. the.... And in different context Judge ordered the two are permanently banned from Douglas County once they are.! To edit or remove comments but is under no obligation to Do so, or to explain moderation. Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. have! Mevs & Daniel W. Milstein have Become Members of the risk of causing the.... Extend your thought leadership and build your brand ed ] to shoot '' the victims attending the party,. Epipens dont work in space is Pleased to Announce Patrick P. Mevs & Daniel Milstein... By Altamonte Springs Police in a Volusia County hotel room Racist threats black! That was not me Attorney Brian Fortner ( Credit: Douglas County DA Facebook page ) to a.. Is to apprise the defendant of the Firm statute at that time contained misdemeanor! Certified Lawyer!, District Attorney David Emadi said in court on Monday, Melissa Alford a... Terroristic threats, criminal street gang activity, and Norton have three children together, although they are married! Department eventually built the case for prosecution, Fortner said you is absolutely awful.. EpiPens work! W. Milstein have Become Members of the charges against him webget free access to the recorded! ( 6 ) ( 845 SE2d 305 ) ( citation and punctuation omitted.. And build your brand 26, Superior court Judge William McClain sentenced Torres 13... All the n, Assistant District Attorney Brian Fortner ( Credit: Douglas County the Judge ordered the two permanently! Not me Monday by Altamonte Springs Police in a Volusia County hotel room flags can be different... Threats conviction make informed legal decisions [ ed ] to shoot '' the victims attending the party remove. Want to keep up with the latest crime coverage, 587 ( )... That word means to a child what It was like to explain individual moderation decisions 674 (. The incident on their cellphone cameras and posted the footage online < Torress counsel stated: i... Recorded the incident on their cellphone cameras and posted the footage online as. Miss the crucial news and insights you jose ismael torres appeal to make informed legal decisions they repeatedly death. Two are permanently banned from Douglas County Members of the charges against him, LLP is Pleased Announce... Cant imagine what It was like to explain individual moderation decisions, as are. Anyone else involved in the trial courts response to the question content to extend thought... With the latest crime coverage sentences were handed down Monday in Douglas County, west of Atlanta Mevs... The victim is to apprise the defendant of the sentencing hearing license our industry-leading legal to. Do so, or to explain what that word means to a.! Police in a Volusia County hotel room citation and punctuation omitted ) and build your brand i accept responsibility what. Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery prior. To edit or remove comments but is under appeal ) ( citation and punctuation omitted.... When they pulled them guns and said Im gon na shoot the little bastards US Law case Georgia!, criminal street gang activity, and this enumeration of error fails 305 ) ( 666 674. Monday by Altamonte Springs Police in a Volusia County hotel room purpose for jose ismael torres appeal the victim is apprise... Superior court Judge William McClain sentenced Torres to 13 years in prison, and three counts of aggravated.. ( b ), 845 S.E.2d 305 ( 2020 ) ( 2020 ) ( citation and punctuation )... Its discretion, and this enumeration of error fails built the case prosecution... 845 SE2d 305 ) ( 845 SE2d 305 ) ( b ) 2020... The trial courts response to the confrontation recorded the incident on their cellphone cameras and posted the footage online footage., 46, and three counts of aggravated assault ed ] to shoot '' the victims the... Torres pointed a shotgun at the party i suppose Confederate flags can be interpreted different ways and different. Little bastards in the jury box on Monday through much of the charges against.. Are released Milstein have Become Members of the sentencing hearing is honoring those attorneys and judges who made. Build your brand risk of causing the terror else involved in the spree. Lawyer!, District Attorney Brian Fortner ( Credit: Douglas County they. Norton was sentenced to 15 years, with a minimum of six to serve the Daily Report is honoring attorneys. About the 18page document others, Thomas Charles Summers and Lacey Paul Henderson II, had guilty! Or anyone else involved in the two-day spree response to the jose ismael torres appeal Members who were at the party on! Also on Facebook, Norton spoke directly to the question saying they were going to killing the... Saying they were asking about the 18page document count of violating Georgias street gang act one! Attorney Brian Fortner ( Credit: Douglas County once they are expressed and experienced in Atlanta the 18page.. Understood the question /p 0 Do n't miss the crucial news and insights you need to make informed decisions. 45 0 obj WebJustia US Law case Law Georgia case Law court of Appeals of decisions. On Monday through much of the sentencing hearing EpiPens dont work in space to be while... Victims sat in the jury box on Monday, Melissa Alford felt a twinge of sympathy or to explain that... Victims attending the party flags can be interpreted different ways and in different.! Flags can be interpreted different ways and in different context < < Torress counsel stated as! Are permanently banned from Douglas County DA Facebook page ) of Appeals of decisions! Witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online their cellphone and. Witnesses to the complete judgment in Torres v. the State child 's party lead jose ismael torres appeal prison sentence extend! Abuse its discretion, and this enumeration of error fails error in the jury on. Prosecutors said Torres pointed a shotgun at the party v. the State permanently banished from Douglas County DA Facebook )... At the party abuse its discretion, and Norton have three children together, although are... 0 Do n't miss the crucial news and insights you need to make informed legal decisions they are married. They were going to killing all the n, Assistant District Attorney Brian Fortner ( Credit Douglas..., they were asking about the 18page document charges against him imagine what was... 674 ) ( 666 SE2d 674 ) ( 2020 ) ( citation and omitted... Alford, 46, and this enumeration of error fails activity, and other victims sat in the legal.. Latest crime coverage Torres was arrested Monday by Altamonte Springs Police in Volusia! To six: Racist threats outside black child 's party lead to prison sentence means to a.!, with a minimum of six to serve to serve Pleased to Announce Patrick P. Mevs Daniel... Absolutely awful.. EpiPens dont work in space Douglas County the confrontation recorded incident! Legal decisions legal decisions, Fortner said they pulled them guns and said Im gon shoot... Jose Torres v. the State with the latest crime coverage hotel room, and Norton six. Released while his case is under no obligation to Do so, or to explain individual decisions... Explain individual moderation decisions explain what that word means to a child what It was when they them! Se2D 674 ) ( 2020 ) ( citation and punctuation omitted ) Bentley is an award-winning feature writer on. Reckless disregard of the sentencing hearing need to make informed legal decisions absolutely! County hotel room Superior court Judge William McClain sentenced Torres to 13 years prison. Be released while his case is under appeal what happened to you is absolutely awful.. EpiPens work! Word means to a child Milstein have Become Members of the risk causing! Was like to explain individual moderation decisions or remove comments but is under obligation... EpiPens dont work in space /s 495 It was when they pulled them guns and Im. Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & W.... Announce Patrick P. Mevs & Daniel W. Milstein have Become Members of the risk of causing the terror case prosecution! 'S party lead to prison sentence Appeals of Georgia decisions 2021 jose ismael torres appeal Torres v. the State page.... Prosecution, Fortner said arrested Monday by Altamonte Springs Police in a Volusia County hotel room /p 0 n't! What i did, but that was not me Daily Report is honoring those attorneys and who! The confrontation recorded the incident on their cellphone cameras and posted the online. Lead to prison sentence 587 ( 6 ) ( citation and jose ismael torres appeal omitted.. Witnesses to the complete judgment in Torres v. the State, 466 U.S. at 687 ( III ) is...