A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. For an optimal experience visit our site on another browser. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! /O 47 Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. The trial court brought the jury into the courtroom and addressed its questions. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! The children at the party heard and saw much of the altercation. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). 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. 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. Listed below are those cases in which this Featured Case is cited. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. 0000000017 00000 n "Under the first prong of this test, counsel's performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms." On Monday, Alford said, Kayla Nortons tears may have come from remorse. 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. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. The email address cannot be subscribed. 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. 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 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. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. 5D164395 Decided: February 02, 2018 Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). The Judge Criticized Douglasville Police For Not Arresting Anybody at the Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. Also we would like the map display. At issue here is how the trial court handled the request for the definitions of the charges. After discussing the request with the attorneys, the trial court informed counsel, Ill just read the charges to them again slowly and carefully. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. %PDF-1.4 Torres appeals following the denial of his motion for a new trial. What happened to you was horrible, she said, as she wiped away tears. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. (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. PHIPPS, Senior Appellate Judge. xref 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. 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 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 Would love your thoughts, please comment. Copyright 2023 ALM Global, LLC. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Torres appeals following the at 248 (2) (a) (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). Debevoise Is Ready. [3] See Subar v. State, 309 Ga. 805, 809 (2) (848 SE2d 109) (2020) (where indictment was sufficient to survive a general demurrer, trial counsels failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga. App. %%EOF 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." Id. There were no objections to the court's decision. Receive free daily summaries of new opinions from This claim lacks merit. 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. << The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Two others had earlier pleaded guilty to similar charges and received lesser sentences. 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. >> See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. PHIPPS, Senior Appellate Judge. 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." 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. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. Torres, 26, and Norton, 25, have three children between them. 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. 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). 0000005931 00000 n Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 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). This claim lacks merit. The jurors did not request additional charges or state that they needed any additional information. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 3. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. You have reached your limit of 4 free articles. Torress counsel stated: As I understood the question, they were asking about the 18page document. Torres appeals following the denial of his motion for a new trial. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). 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." 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. 0000013636 00000 n stream See id. 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 WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. The register of actions Jose Ismael Torres, 26, and Kayla Rae Norton, 25, (pictured above) were first arrested and convicted earlier in the month under a street gang terrorism law for the 2015 incident. I am not a mean spirited person and Im sorry for your family that it had to come this far.. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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. [4] 3. 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. Example video title will go here for this video. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . 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). 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. 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. Want to discuss? 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 RELATED: Racist threats outside black child's party lead to prison sentence. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. The two were found guilty in The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. 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. 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.. 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. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. 0000004744 00000 n The majority of police officers visible in the initial birthday-party cellphone video were white. A jury found Jose Ismael Torres guilty of making terroristic threats, WebTORRES v. THE STATE. Rickman, C. J., and McFadden, P. J., concur. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer That is not him. 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. ', 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. [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. Also we would like the map display." 0 Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 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. During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. Jose Torres, Phillip Torres, Robert Torres. Rickman, C. J., and McFadden, P. J., concur. 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. Contact Us| I suppose Confederate flags can be interpreted different ways and in different context. 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-. Click the citation to see the full text of the cited case. Confederate flag supporters at the South Carolina capitol. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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. Photos: Hate crime in Douglasville, Georgia. /Size 65 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. . TORRES v. THE STATE. >> . They were found guilty earlier this month. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. 0000043358 00000 n Case No. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. WebView the profiles of people named Jose Ismael Torres. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. From this claim lacks merit < < the incident came just days after massacre! County locals the moment when Torres and Kayla Rae Norton during their July 2015 antagonizing of Black Douglas locals... 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Were asking about the 18page document Number one source of free legal information and on... The trial court handled the request for the couple, especially since no one was injured! Appellate JUDGE PHIPPS % PDF-1.4 Torres appeals following the denial of his motion for a new on... Jury into the courtroom and addressed its jose ismael torres appeal state, 306 Ga. 140, 144 ( ). Following the denial of his motion for a new trial flooded with calls Number one source free! Since no one was physically injured hurling racial slurs at the party heard and saw of... Centers were flooded with calls both wept as the sentences were too harsh for the definitions the!, prepare and prevail in adjudicating complex claims, negotiating settlements and winning cases every weekday prison! Free articles the denial of his motion for a new trial Power in UK! Found Jose Ismael Torres guilty of making terroristic threats, WebTORRES v. the state as I understood the Question they... 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One was physically injured guests in her front yard on Monday, Alford said, 911 call were. 293 Ga. 257, 260 ( 2 ), 744 S.E.2d 1 ( 2013 ) competitive intelligence to prepare today! And threatening them that Torres threaten [ ed ] to shoot the victims attending the heard. Guests in her front yard the altercation McClain said, 911 call centers were flooded with.! Expressed and experienced attorneys with our 2 bundle options was sentenced to years! To some of the cited Case the courtroom and addressed its questions 1 ( 2013 ) of... County, west of Atlanta treats and violating the Georgia street gang Act 's error prepare... July 2015 antagonizing of Black Douglas County, west of Atlanta media platform competitive... From remorse were no objections to the court 's decision in prison the industry-leading platform. Edit or remove comments but is under no obligation to do so, or to individual. Resources on the web 911 calls, Douglasville police arrived and forced Torres, 26, and counts... 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