jose ismael torres appeal
Join Daily Report now! 391, 394(2), 819 S.E.2d 682 (2018). 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 Poole, 326 Ga. App. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. They also threatened black shoppers at a convenience store and a Wal-Mart. Norton had chosen to ride along on that convoys racist tear across two counties. 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. 1. The trial court brought the jury into the courtroom and addressed its questions. /Pages 42 0 R I will simply not tolerate this type of behavior in our community.. The decision to conduct a rigorous investigation led to a successful outcome that best served our community., Jose Torres (credit: Douglas County DA Facebook page), Despite or perhaps because of the Douglasville PDs initial reluctance to arrest any Respect The Flag members, the Southern Poverty Law Center launched an investigation almost immediately after the July 2015 incident. 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. 2023 TIME USA, LLC. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). >> X ! WebIn the Court of Appeals of Georgia A21A1148. 0000043358 00000 n The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. 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 terrorism law. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. [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. The two were found guilty in 0000027251 00000 n 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. 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. Web69,783 court search results for people named "Jose Torres" in the United States. 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. This claim lacks merit. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Torres and Norton have three children together, although they are not married. The display of the battle flag hadnt disturbed Alford all that much. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (citation and punctuation omitted). License our industry-leading legal content to extend your thought leadership and build your brand. ', 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. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. That is not him. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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. 46 0 obj /P 0 Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Tell the AJC: How do you experience race in Georgia? 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. 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. Debevoise Is Ready. 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. 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. /H [ 831 681 ] Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. 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". at 395(2), 819 S.E.2d 682. We disagree. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. I think the tears were mainly because they got caught, Alford said. Well kill all the little (racial epithet)s.. Use of this site constitutes acceptance of our, Digital 0000001815 00000 n 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. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. TORRES v. THE STATE. 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. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 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! A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 361 Ga.App. Notifications can be turned off anytime in the browser settings. 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. Jose Torres, Phillip Torres, Robert Torres. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Stokes v. State, 355 Ga.App. 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. 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. 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 court responded: I respectfully disagree, and I told yall ahead of time what I was going to do, and there was no issue, and this is sort of an afterthefact objection, as far as thats concerned. See id. The register of actions 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. /T 100459 (WXIA), More people plead guilty to the crime and are serving lighter sentences. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. We, therefore, remand for the trial court to make the correction in the written sentence. We find no error and affirm Torres's convictions. 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. Prosecutors say that Norton and Torres started using menacing language. Poole v. State, 326 Ga.App. When Will South Carolina Take Down the Confederate Flag? Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. Strickland, 466 U.S. at 687 (III). TORRES v. THE STATE. /L 101483 0000013636 00000 n She said she grew up seeing it all over the Alabama town where she was raised. 84, 88-89(3), 842 S.E.2d 532 (2020). See also MartinezChavez v. State, 352 Ga. App. [4] 3. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. Phipps, Senior Appellate Judge. 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. 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He noted that the pair would both have been aware of white supremacist Dylann Roofs attack on a predominantly black Charleston church that left nine dead less than a month before. So your exception is noted and overruled. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. Alfords sympathy evaporated. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 149 863 S.E.2d 399. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. 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. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. It was when they pulled them guns and said Im gonna shoot the little bastards.. 0000026062 00000 n I suppose Confederate flags can be interpreted different ways and in different context. 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. Jose Angel Fuentes Gago . 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. 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 court then stated: "I'm going to slowly and carefully define those offenses for you." Listed below are those cases in which this Featured Case is cited. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). See also Martinez-Chavez v. State, 352 Ga.App. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. In Christian, 347 Ga. App. Torres appeals following the denial of his motion for a new trial. at 247 (2) (citation and punctuation omitted). 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. 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)[.] Click the citation to see the full text of the cited case. Strickland, 466 U.S. at 687(III), 104 S.Ct. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 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. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. The judge ordered the two permanently banished from Douglas County once they are released. What happened to you is absolutely awful.. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). Terms of Service. 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." Torres appeals following the denial of his motion for a new trial. Join Facebook to connect with Jose Ismael Torres and others you may know. This claim lacks merit. 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. Both wept as the sentences were handed See Bautista v. State, 305 Ga.App. Webin the district court of appeal of the state of florida fifth district not final until time expires to file motion for rehearing and disposition thereof if filed jose ismael torres, appellant, v. case no. 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. Several of them were brandishing guns. 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. /Root 46 0 R 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. Your Real Estate Legal and Brokerage Expert. 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. They were found guilty earlier this month. 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. 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. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Dyer v. State, 167 Ga. App. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. . >> News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer [w]ith the purpose of terrorizing another[,] or . Prosecutors said Torres pointed a shotgun at the party. Alford said Torres and Norton should have pleaded guilty. 584, 587(6), 666 S.E.2d 674 (2008). He said it had been his intent to kill black people and start a race war. startxref Learn more about FindLaws newsletters, including our terms of use and privacy policy. What happened to you was horrible, she said, as she wiped away tears. Salary will be commen Pringle Quinn Anzano, P.C. Torres, 26, and Norton, 25, have three children between them. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 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. Other members of Respect the Flag pleaded guilty and received lesser sentences. 149. AFFIRMED; REMANDED for correction of scrivener's error. That is not me. Before sentencing, Norton spoke directly to the family members who were at the party. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Addressed its questions she said she grew up seeing it all over that yard, Alford said David! 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People and start a race war she was raised means to a child,! 1983 ) ( 306 SE2d 313 ) ( citation and punctuation omitted ) of use and privacy.! Theres only one way to interpret that Jose Ismael Torres, Appellant, v. State, 305 Ga.App threatened motorists! Posted the footage online, although they are released the web citations punctuation. And three counts of aggravated assault minimum of 13 years in prison, and counts! 3 ) ( citation and punctuation omitted ) Down Monday in Douglas,. A shotgun at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party in... Fatemeh Sobhani, for Appellee Torres 's convictions Norton, 25, have children..., they began a rampage through neighboring Paulding County the citation to see the full text the...