The other two pleaded guilty and are serving shorter prison terms. Torres appeals following the denial of his motion for a new trial. at 248(2)(a), 756 S.E.2d 322 (an indictment charging terroristic threats without specifying the "crime of violence" that had been threatened tracked the language of the statute and was not fatally defective). A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 0000006358 00000 n Id. Torres and Norton, from the state of Georgia, Photos: Hate crime in Douglasville, Georgia. 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). 0000017752 00000 n Despite the many news articles with such misleading headlines as Couple sentenced to prison for disrupting birthday party with Confederate flags, Douglasville District Attorney Brian Fortner specified, in a statement posted on the Douglas County District Attorneys Office Facebook page, that the flags had nothing to do with the legal penalties doled out to Torres, Norton or other members of the Respect the Flag group. 5D164395 Decided: February 02, 2018 /Length 607 See Maynard v. State, 355 Ga. App. 2052, 80 L.Ed.2d 674 (1984). 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. Two others had earlier pleaded guilty to similar charges and received lesser sentences. 0000026308 00000 n Site Map, Advertise| . xref I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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. 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. 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. I accept responsibility for what I did, but that was not me.. We disagree. WebJose Ismael Torres, Wewahitchka, pro se. Torres appeals following the . . . Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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 Dyer v. State, 167 Ga.App. Here, Torres failed to establish deficient performance. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). trailer 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. 2. Torres appeals following the denial of his motion for a new trial. WebGet free access to the complete judgment in Torres v. State on CaseMine. 2023 TIME USA, LLC. 1. PHIPPS, Senior Appellate Judge. 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. 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. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. 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 The jurors did not request additional charges or state that they needed any additional information. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorney's performance was deficient and that he was prejudiced by the deficient performance. At issue here is how the trial court handled the request for the "definitions of the charges." 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. Torres appeals following the /E 46291 Well blow the head off the little bastards. 391, 394 (2) (819 SE2d 682) (2018). /P 0 Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. 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. "1 Poole, 326 Ga. App. Prosecutors say that Norton and Torres started using menacing language. Prosecutors said Torres pointed a shotgun at the party. 0000000729 00000 n Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. See Maynard v. State, 355 Ga.App. RELATED: Racist threats outside black child's party lead to prison sentence. The majority of police officers visible in the initial birthday-party cellphone video were white. << Write to Joseph Hincks at joseph.hincks@time.com. We find no reversible error in the trial court's response to the question. 0000001512 00000 n 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. 5d16-4395 state of florida, appellee. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Some members pointed guns at the group. 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." Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. at 395 (2). Don't miss the crucial news and insights you need to make informed legal decisions. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. In Christian, 347 Ga. App. Your Real Estate Legal and Brokerage Expert. Torres and Norton have three children together, although they are not married. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. 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. 149. I forgive you. See id. See id. Credit: Photo provided by Ceciley Pangburn. "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. 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. Torress counsel stated: As I understood the question, they were asking about the 18page document. That is not me. Contact Us| 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. 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. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Their actions were motivated by racial hatred, said Superior Court Judge William McClain. When Will South Carolina Take Down the Confederate Flag? WebTORRES v. THE STATE. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. %PDF-1.4 Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 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. 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-. 2052. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. stream 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. 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. Id. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. I wasnt mad about them flying those flags, Alford said. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. Citations are also linked in the body of the Featured Case. Case No. We disagree. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. 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. 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! Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). 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). 45 20 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. 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. 46 0 obj 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. 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. 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. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). They also threatened black shoppers at a convenience store and a Wal-Mart. 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. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. 0000013636 00000 n 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. We disagree. He wants to be released while his case is under appeal. You may return and deliberate." << Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Henry P. 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Bar, Says Her Rep, All 3 Defendants Found Guilty of Murdering Ahmaud Arbery, Black Jogger Chased Down and Shot in Georgia, How a Film Producer Uncovered the Truth About an Innocent Man Convicted of Raping'Lovely Bones'Author, Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest, Man Arrested After Hurling Racial Slurs at African-American TV Reporter: 'What Did You Just Call Me? They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. After their release, the two are permanently banned from Douglas County. The trial court found that trial counsel was not ineffective in this regard. 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. Two days after the party, on July 27, 2015, the Atlanta Journal-Constitution reported that authorities were investigating the videos to determine if anything illegal happened. Tell the AJC: How do you experience race in Georgia? Both wept as the sentences were handed 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. Salary will be commen Pringle Quinn Anzano, P.C. 361 Ga.App. 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. To Joseph Hincks at joseph.hincks @ time.com, from the State of Georgia decisions Jose... The denial of his motion for a new trial and received lesser sentences Decision Date C.. 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