jose ismael torres appeal
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. Two others had earlier pleaded guilty to similar charges and received lesser sentences. WebIn the Court of Appeals of Georgia A21A1148. Court of Appeals of Georgia.https://leagle.com/images/logo.png. Please read our Commenting Policy first. Hood v. State, 292 Ga.App. . 0000001815 00000 n 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! 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". Assistant District Attorney David 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." Powered by. What America's Richest Ski Town's Handling of COVID-19 Shows. ? Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . You may return and deliberate." 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 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). That is not him. 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. Join Facebook to connect with Jose Ismael Torres and others you may know. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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. I forgive you. Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. /Info 43 0 R 2052, 80 L.Ed.2d 674 (1984). See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. That is not me. Strickland, 466 U.S. at 687(III), 104 S.Ct. Also we would like the map display." Copyright 2023, Thomson Reuters. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 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 incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. 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. 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. TORRES v. THE STATE. See also MartinezChavez v. State, 352 Ga. App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. (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. I wasnt mad about them flying those flags, Alford said. 2023 TIME USA, LLC. 361 Ga.App. 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. The trial court brought the jury into the courtroom and addressed its questions. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Id. 149. 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. 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). . Its inexplicable to me that you werent arrested by the police that day.. >> /H [ 831 681 ] Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. Notifications can be turned off anytime in the browser settings. It was when they pulled them guns and said Im gonna shoot the little bastards.. 0000000831 00000 n At some point, Norton and Torres confronted a black family that was throwing an 8-year-olds birthday party in the front yard of their home. 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. Write to Joseph Hincks at joseph.hincks@time.com. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 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. /Metadata 44 0 R They were found guilty earlier this month. 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. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. [c]ommit any crime of violence . Id. 0000023139 00000 n 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. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 0000016806 00000 n We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. The two are the last of 15 people charged in the confrontation at the 8-year-olds party, which took place in Douglasville in July 2015. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). Receive free daily summaries of new opinions from Both wept as the sentences were handed Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 45 0 obj "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." (citation and punctuation omitted). Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if it states the offense in the terms and language of [the Georgia] Code or so plainly that the nature of the offense charged may easily be understood by the jury. Phipps, Senior Appellate Judge. Isnt it time we heard from UGAs Kirby Smart? 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. 0000006358 00000 n He wants to be released while his case is under appeal. 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. 149 863 S.E.2d 399. Dyer v. State, 167 Ga.App. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. She was even used to hearing the type of slurs hurled at her and her guests. I suppose Confederate flags can be interpreted different ways and in different context. 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. PHIPPS, Senior Appellate Judge. That was not lost on Alford, who works as a childrens mental health advocate. . 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. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). X ! (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. The register of actions 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. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorneys performance was deficient and that he was prejudiced by the deficient performance. 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. 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 With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. On Monday, Alford said, Kayla Nortons tears may have come from remorse. %PDF-1.4 Want to discuss? So, why you crying now?. 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. 0000027251 00000 n at 395(2), 819 S.E.2d 682. at 881 882 (II). 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. (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. WebJose Ismael Torres is on Facebook. Magazines, Or create a free account to access more articles, Georgia Pair Sentenced to Prison for Perpetrating Hate Crime at Black Child's Birthday Party. 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. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). 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. PHIPPS, Senior Appellate Judge. WebJose Ismael Torres, Wewahitchka, pro se. Strickland, 466 U.S. at 687 (III). /T 100459 She said she grew up seeing it all over the Alabama town where she was raised. 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. . A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 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. Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. 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. 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. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). /P 0 Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). Both options are priced the same. 584, 587(6), 666 S.E.2d 674 (2008). 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)[.] 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. I am not a mean spirited person and Im sorry for your family that it had to come this far.. Alford said Torres and Norton should have pleaded guilty. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 0000001512 00000 n Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. /Root 46 0 R 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. @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. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. That is not me. Jose Angel Fuentes Gago . Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." 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. Victims react as the sentences are read. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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). Here, Torres failed to establish deficient performance. Norton was sentenced to 15 years, with a minimum of six to serve. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. What happened to you was horrible, she said, as she wiped away tears. We find no error and affirm Torres's convictions. See id. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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. 45 20 Before sentencing, Norton spoke directly to the family members who were at the party. In Christian, 347 Ga. App. Case No. Norton had chosen to ride along on that convoys racist tear across two counties. As he handed down the sentence, Judge McClain noted the timing of the incident I dont think its a coincidence that this happened one month after the Charleston shooting, he said, referencing the mass shooting of nine black people inside Charlestons Emanuel African Methodist Episcopal Church. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 0000004744 00000 n Phipps, Senior Appellate Judge. They even threatened to kill children at the party. (citation and punctuation omitted). Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). 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. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). 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. 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. Hood v. State, 292 Ga. App. >> We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. ', 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. Torres, 26, and Norton, 25, have three children between them. . 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. 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. 584, 587 (6) (666 SE2d 674) (2008). 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. For an optimal experience visit our site on another browser. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. Jon Schuppe is an enterprise reporter for NBC News, based in New York. [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. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. But then Alford thought of the reasons Norton was in court: the convoy of pickup trucks with Confederate flags, the vile racist epithets, the loaded shotgun leveled on her friends and family, the threats to blow childrens heads off. When Will South Carolina Take Down the Confederate Flag? 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). WebTORRES v. THE STATE. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." See Maynard v. State, 355 Ga.App. Douglasvilles population is 35 percent white and almost 60 percent black. Want to keep up with the latest crime coverage? Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. They also threatened black shoppers at a convenience store and a Wal-Mart. Example video title will go here for this video. The trial court found that trial counsel was not ineffective in this regard. 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. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. >> 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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. 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. Prosecutors said Torres pointed a shotgun at the party. The court then stated: "I'm going to slowly and carefully define those offenses for you." /N 12 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 We disagree. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. 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. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. /Type /Catalog This claim therefore fails.4. 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. We likewise find that Torres's threat to shoot the victims in this case suggested the death of the victims, and his five-year felony sentence would be lawful even under the current version of the statute. In 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 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-. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. See Maynard v. State, 355 Ga. App. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). 0000018120 00000 n 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. Citations are also linked in the body of the Featured Case. Look at Facebook, and Facebook looks back at you (Getty), After Torres and Norton were convicted, the Douglas County District Attorneys office said on its Facebook page that Following a review of over 10,000 pages of Facebook documents, law enforcement was able to locate numerous posts and messages indicating that members of the group were white supremacists who discussed attending KKK rallies, joining Skinheads Nation, and making numerous derogatory remarks about African Americans as a whole.. Come from remorse family holding a birthday party guests in her front.... Are also linked in the body of the attack for choosing not to arrest any the. 310, 311 ( 3 ) ( 2020 ) ( 845 SE2d 305 ) ( )... By Altamonte Springs police in a Volusia County hotel room browser settings Jose Ismael Torres was arrested Monday Altamonte. 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