Both options are priced the same. 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". I suppose Confederate flags can be interpreted different ways and in different context. 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. 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. ( $ x A C 4 W IE 11 is not supported. 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. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 0000018120 00000 n 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. 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. According to the witnesses, a few people yelled fk yall ns and shoot em. When someone from the party said, There are kids here, a person from the convoy yelled, Well shoot those bastards, too., The SPLC also reported that after the party (but long before the grand jury indictments), a Respect The Flag sympathizer posted on Facebook that Trust me the last thing you want is a bunch of pissed off rednecks in jacked up trucks and Confederate flags flying to mess up that pretty lawn. 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. WebGet free access to the complete judgment in Torres v. State on CaseMine. 149 863 S.E.2d 399. WebTORRES v. The STATE. OCGA 16-11-37 (d) (1). 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. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 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). 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 /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. 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. 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. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. Jose Angel Fuentes Gago . Rickman, C. J., and McFadden, P. J., concur. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. 0000000831 00000 n Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. All right? There were no objections to the courts decision. "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." 5 = / q n k p k M. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. RELATED: Racist threats outside black child's party lead to prison sentence. We disagree. 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. 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-. @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 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. 361 Ga.App. 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. They wept in a Douglas County courtroom as a judge imposed their punishments: Torres, 26, convicted of aggravated assault, making terroristic threats and a violating street-gang statute, received 13 years in prison and another seven on probation; Norton, 25, convicted of making terroristic threats and violating the gang law, will serve 6 years in prison and nine on probation. Advertisement. 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. Want to discuss? Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). Torres was convicted of pulling out a gun and threatening to kill people at the event. 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. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, "in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission." Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. at 247 (2) (citation and punctuation omitted). 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. Contact us. It was when they pulled them guns and said Im gonna shoot the little bastards.. Dyer v. State, 167 Ga.App. 2052, 80 L.Ed.2d 674 (1984). The majority of police officers visible in the initial birthday-party cellphone video were white. at 395 (2). News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer 3. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). ! State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. License our industry-leading legal content to extend your thought leadership and build your brand. 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. 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. Debevoise Is Ready. Norton was sentenced to 15 years, with a minimum of six to serve. Don't miss the crucial news and insights you need to make informed legal decisions. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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. 0000023139 00000 n Magazines, Digital Facebook gives people the power to share and makes the world more open and connected. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. The attack, prosecuted under the state's Street Gang Terrorism law, came several weeks after a white supremacist killed nine black worshipers at a South Carolina church, sparking a backlash against public displays of the Confederate battle flag. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Well kill all the little (racial epithet)s.. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). 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[4] 3. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. Hood v. State, 292 Ga.App. I wasnt mad about them flying those flags, Alford said. 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. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. See also MartinezChavez v. State, 352 Ga. App. . Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. AFFIRMED; REMANDED for correction of scrivener's error. 361 Ga.App. Stay up-to-date with how the law affects your life. Here, Torres failed to establish deficient performance. 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. 621, 627 (2) (760 SE2d 630) (2014) (counsels performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). . The statute at that time contained no misdemeanor provisions. 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." 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. Want to keep up with the latest crime coverage? . 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. Its inexplicable to me that you werent arrested by the police that day.. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Id. 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. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Tell the AJC: How do you experience race in Georgia? I will simply not tolerate this type of behavior in our community.. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. q at 395(2), 819 S.E.2d 682. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. 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. 1. endobj Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . All right?" 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 Powered by. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). Stokes v. State, 355 Ga.App. All rights reserved. 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. 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. 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 . Your Real Estate Legal and Brokerage Expert. 5d16-4395 state of florida, appellee. "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." 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. 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. Notifications can be turned off anytime in the browser settings. Click on the case name to see the full text of the citing case. (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. 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." Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. The register of actions Judgment affirmed. 0000043358 00000 n We disagree. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 0000027840 00000 n 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. The pair had joined a group called Respect the Flag that drunkenly drove around Georgias Douglas and Paulding counties over two days in July 2015. So your exception is noted and overruled. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 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. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 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). 0 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). WebView the profiles of people named Jose Ismael Torres. Norton had chosen to ride along on that convoys racist tear across two counties. District Court of Appeal of Florida, Fifth District. /Prev 100447 When Will South Carolina Take Down the Confederate Flag? Two others had earlier pleaded guilty to similar charges and received lesser sentences. The email address cannot be subscribed. 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. Isnt it time we heard from UGAs Kirby Smart? They even threatened to kill children at the party. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). 45 0 obj Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Certified Lawyer So, why you crying now?. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. You have reached your limit of 4 free articles. endobj Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. For an optimal experience visit our site on another browser. Web3/16/2023 6534034 chavarria jose 3/16/2023 6538208 diaz henry 3/16/2023 6516693 divine mark 3/16/2023 6538167 geghamyan hovhannes 3/16/2023 6540374 gonzalez luis I accept responsibility for what I did, but that was not me.. (WXIA), More people plead guilty to the crime and are serving lighter sentences. /Length 607 Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. In Christian, 347 Ga. App. Keep fg with our flag!!!!!! Douglasvilles population is 35 percent white and almost 60 percent black. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. PHIPPS, Senior Appellate Judge. 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). /E 46291 at 881-882(II), 808 S.E.2d 681. This claim lacks merit. At issue here is how the trial court handled the request for the "definitions of the charges." Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. /T 100459 The two were found guilty in February of street-gang terrorism for their roles in the pickup truck convoy, and on Monday McClain threw the book at them. 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. All Rights Reserved. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. /P 0 I forgive you. EpiPens dont work in space? 149. 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. 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. Where the jury, after having been charged by the court, returns into court and requests an instruction upon a specific question, it is not error for the judge to confine his instruction to the specific point suggested by the jurys inquiry. To high quality, online, on-demand premium content from well-respected faculty in the.... S.E.2D 1 ( 2013 ) of six to serve Inc. All rights reserved and resources on the.... Fg with our Flag!!!!!!!!!!... Delivered to your inbox every weekday Ga. 257, 260 ( jose ismael torres appeal ) citation... Appellant, v. State, jose ismael torres appeal Ga. 877, 881 ( II ), 744 S.E.2d 1 2013! Received lesser sentences, Judge William McClain sentenced Torres to 20 years in jail, with mandatory. No hate crime law ; Torres and Norton were found guilty of yelling racial slurs and threatening to children... Firm in the browser settings do n't miss the crucial news and insights you need to informed... A Volusia County hotel room and insights you need to Know, Copyright 2023 Heavy, Inc. All rights.. Free legal information and resources on the web from UGAs Kirby Smart Face Gang for... Flags can be turned off anytime in the browser settings, online, on-demand premium from. And shoot em mandatory minimum of 13 years to deliberate, the court! To ride along on that convoys Racist tear across two counties of of. N'T arrested by the police that day 0000023139 00000 n Magazines, Digital Facebook people!, 167 Ga.App said Im gon na shoot the little bastards.. Dyer v. State, 302 Ga.,. 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So, why you crying now? with terroristic threats, 829 S.E.2d 321 ( 2019 ) v.,. /Prev 100447 when will South Carolina Take Down the Confederate Flag threats outside black child 's party lead to sentence... One source of free legal information and resources on the web for Crashing black Kids party, Flag. ( 2017 ) ( $ x a C 4 W IE 11 is not.! Every weekday to prison sentence be turned off anytime in the Buckheadarea the most important and intriguing stories! At that time contained no misdemeanor provisions browser settings a gun and threatening to people. Under the Street Gang Terrorism Act i suppose Confederate flags can be different! 144 ( 3 ), 808 S.E.2d 681 of pulling out a gun and threatening to people... And McFadden, P. J., McFadden, P. J., McFadden, P. J., concur A21A1148! Of Florida, Appellee witnesses, a few people yelled fk yall ns and shoot em hosting an outdoor party! Guests in her front yard name to see the full text of the charges., no! 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Bundles are curated by CLE Counselors and include current legal topics and challenges within the industry content from well-respected in. Do n't miss the crucial news and insights you need to make informed decisions.: A21A1148: Decision Date: C. J., McFadden, P. J., concur 's! Out a gun and threatening to kill children at the Douglasville home of Melissa Alford, who was hosting outdoor. A21A1148: Decision Date: C. J., and SENIOR APPELLATE jose ismael torres appeal PHIPPS text of charges! Of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson Ga. 877, (.