Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. 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. 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. /Prev 100447 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. Torres appeals following the Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. Also we would like the map display." Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). For an optimal experience visit our site on another browser. OCGA 16-11-37 (d) (1). Confederate flag supporters at the South Carolina capitol. The trial court brought the jury into the courtroom and addressed its questions. 0000016559 00000 n 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. A man and a woman were sentenced Monday to 13 and six years in prison, respectively, for joining a group of Confederate flag supporters who in 2015 drove around a small Georgia community threatening people, including a gathering of African-Americans celebrating a young boy's birthday. . The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 0000027251 00000 n She said she grew up seeing it all over the Alabama town where she was raised. 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. See id. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). He asserts that (1) the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury, and (2) his trial counsel rendered ineffective assistance by failing to make a general demurrer to the terroristic threats count in the indictment. Citations are also linked in the body of the Featured Case. Tell the AJC: How do you experience race in Georgia? . I suppose Confederate flags can be interpreted different ways and in different context. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). See Maynard v. State, 355 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. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. Please read our Commenting Policy first. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. We disagree. That is not him. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). "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." A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. All Rights Reserved. All rights reserved. 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. Advertisement. We disagree. (citation and punctuation omitted). 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. Copyright 2023, Thomson Reuters. License our industry-leading legal content to extend your thought leadership and build your brand. 0000005931 00000 n %%EOF The trial court found that trial counsel was not ineffective in this regard. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. You have reached your limit of 4 free articles. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. RELATED: Racist threats outside black child's party lead to prison sentence. Certified Lawyer 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. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. 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. 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. 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. Nortons Facebook posts also indicated that after the rampage, she spent a lot of time and effort on what the DA called a wide sweeping attempt to get all members of the Respect The Flag group to coordinate their stories, lie to the media about what happened, and cover up her role in retrieving the shotgun from Torres truck, loading it, and giving it to him just before the confrontation with guests at the birthday party. 45 0 obj 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. Alford said Torres and Norton should have pleaded guilty. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. See Bautista v. State, 305 Ga. App. When Will South Carolina Take Down the Confederate Flag? She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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. See Bautista v. State, 305 Ga.App. 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. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. Stay up-to-date with how the law affects your life. xref See also MartinezChavez v. State, 352 Ga. App. /E 46291 TORRES v. The STATE. Click on the case name to see the full text of the citing case. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. Join Facebook to connect with Jose Ismael Torres and others you may know. The register of actions 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. 149. PHIPPS, Senior Appellate Judge. Notifications can be turned off anytime in the browser settings. Stokes v. State, 355 Ga. App. Hood v. State, 292 Ga.App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Two other people have received prison sentences, while the rest of those involved, about a dozen, did not get prison time but pleaded guilty to misdemeanors or entered pre-trial diversion programs, Fortner said. I forgive all of you. The bond hearing is set for Monday morning. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. /T 100459 Torres appeals following the Rickman, C. J., and McFadden, P. J., concur. Alfords sympathy evaporated. 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." 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. Torres appeals following the denial of his motion for a new trial. The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Photos: Hate crime in Douglasville, Georgia. Prosecutors say that Norton and Torres started using menacing language. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. The jurors did not request additional charges or state that they needed any additional information. WebGet free access to the complete judgment in Torres v. State on CaseMine. "[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. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 0000026308 00000 n 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). Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Customer Service| at 247 (2) (citation and punctuation omitted). 2. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. 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." She doesnt buy that argument. 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. Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Torress counsel stated: As I understood the question, they were asking about the 18page document. He asserts that (1) the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury, and (2) his trial counsel rendered ineffective assistance by failing to make a general demurrer to the terroristic threats count in the indictment. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Both options are priced the same. 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 We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 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." That October, after a grand jury handed down indictments, the SPLC took partial credit for this, noting that it turned over videos and other evidence to Douglasville District Attorney Brian K. Fortner. Join Daily Report now! A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). 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. 0000000729 00000 n On Monday, Alford said, Kayla Nortons tears may have come from remorse. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Torres appeals following the denial of his motion for a new trial. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. You may return and deliberate." At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! /Type /Catalog WebJose Ismael Arreola v. The State of Texas Appeal from 195th Judicial District Court of Dallas County (opinion ) Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! Two others had earlier pleaded guilty to similar charges and received lesser sentences. 64 0 obj 391, 394 (2) (819 SE2d 682) (2018). Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. 5 = / q n k p k M. 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. 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. Dyer v. State, 167 Ga. App. /Pages 42 0 R 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. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. That was not lost on Alford, who works as a childrens mental health advocate. 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. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Contact us. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Facebook gives people the power to share and makes the world more open and connected. 1. 0000016806 00000 n Court of Appeals of Georgia.https://leagle.com/images/logo.png. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. Torres appeals following the denial of his motion for a new trial. 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. 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. Don't miss the crucial news and insights you need to make informed legal decisions. 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. 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). 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'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. We disagree. 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. q 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. /Info 43 0 R You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. 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. 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. 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. Relatives. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. We find no error and affirm Torres's convictions. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. 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). 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. 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. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 0000000831 00000 n . The statute at that time contained no misdemeanor provisions. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. I forgive you. /ID [] WebIn the Court of Appeals of Georgia A21A1148. 391, 394(2), 819 S.E.2d 682 (2018). So, why you crying now?. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 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. 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). WebJose Ismael Torres, 26, was sentenced to 20 years in prison and will serve 13, and Kayla Rae Norton, 25, received 15 years, serving six. 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). 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. Dyer v. State, 167 Ga.App. startxref IE 11 is not supported. 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." I wasnt mad about them flying those flags, Alford said. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. Long Waits, Short Appointments, Huge Bills. 149 863 S.E.2d 399. In Christian, 347 Ga. App. They used racial slurs and threatened to kill some of the party goers. Powered by. This claim therefore fails. Isnt it time we heard from UGAs Kirby Smart? 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. >> PER ? 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