Facebook gives people the power to share and makes the world more open and connected. 210, 213 (2) (699 SE2d 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). . PHIPPS, Senior Appellate Judge. 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. /Type /Catalog Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 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. 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. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. 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. 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). Salary will be commen Pringle Quinn Anzano, P.C. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. Want to keep up with the latest crime coverage? . Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). The Judge Criticized Douglasville Police For Not Arresting Anybody at the A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. So, why you crying now?. trailer A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Court of Appeals of Georgia.https://leagle.com/images/logo.png. 391, 394 (2) (819 SE2d 682) (2018). Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. >> Several of them were brandishing guns. Stokes v. State, 355 Ga. App. % 0000016559 00000 n 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. 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. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Dyer v. State, 167 Ga. App. The children at the party heard and saw much of the altercation. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 1. All Rights Reserved. ', 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. 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. at 247 (2) (citation and punctuation omitted). 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. Id. 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. 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). 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. /Metadata 44 0 R Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." /Linearized 1 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. /Info 43 0 R See Maynard v. State, 355 Ga.App. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. The other two pleaded guilty and are serving shorter prison terms. 0000000729 00000 n Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. Norton had chosen to ride along on that convoys racist tear across two counties. Tell the AJC: How do you experience race in Georgia? Both wept as the sentences were handed Torres appeals following the denial of his motion for a new trial. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Strickland, 466 U.S. at 687 (III). Case No. He wants to be released while his case is under appeal. /S 495 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. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Well blow the head off the little bastards. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Also we would like the map display." 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. That is not him. Notifications can be turned off anytime in the browser settings. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. at 395(2), 819 S.E.2d 682. The trial court found that trial counsel was not ineffective in this regard. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. As he sentenced the duo, judge McClain castigated them for their behavior. We find no reversible error in the trial courts response to the question. 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. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . 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. Here, Torres failed to establish deficient performance. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. He said it had been his intent to kill black people and start a race war. 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. After Torres and Nortons sentencing, Douglasville police defended their delayed response in a statement saying that Because of the seriousness of this case to our community, we wanted to get this case right the first time. /L 101483 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! WebView the profiles of people named Jose Ismael Torres. %%EOF Torres appeals following the denial of his motion for a new trial. This claim lacks merit. 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. /E 46291 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. Relatives. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. "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." The trial court found that trial counsel was not ineffective in this regard. Join Daily Report now! The memory of that day loomed large for Alford asshe watched Torres weep as he realized he was going to be sentenced to a long prison term. 361 Ga.App. 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. That is not me. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. << After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Please read our Commenting Policy first. 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. 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. 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. We, therefore, remand for the trial court to make the correction in the written sentence. 46 0 obj Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. He called their actions a hate crime and sentenced Torres to 20 years, with 13 to serve, and Norton to 13 years, six to serve. In Christian, 347 Ga. App. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. (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. /O 47 In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer. See also Martinez-Chavez v. State, 352 Ga.App. Web69,783 court search results for people named "Jose Torres" in the United States. /Pages 42 0 R A judge sentenced two people to lengthy prison terms on Monday for disrupting an 8-year-old black girls birthday party in 2015 by using racial slurs, showing the Confederate flag and making armed threats. 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. 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. I forgive all of you. The majority of police officers visible in the initial birthday-party cellphone video were white. WebIn the Court of Appeals of Georgia A21A1148. . See Bautista v. State, 305 Ga. App. 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). This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. 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. 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 A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Confederate flag supporters at the South Carolina capitol. 64 0 obj 621, 627(2), 760 S.E.2d 630 (2014) (counsel's performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Click on the case name to see the full text of the citing case. What happened to you is absolutely awful.. On Monday, Alford said, Kayla Nortons tears may have come from remorse. Alfords sympathy evaporated. PER 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. 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. You may return and deliberate." This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Receive free daily summaries of new opinions from WebTORRES v. THE STATE. 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." OCGA 16-11-37 (d) (1). "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. Its inexplicable to me that you werent arrested by the police that day.. What happened to you was horrible, she said, as she wiped away tears. /Prev 100447 2. 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)[.] /Names << /Dests 29 0 R>> Great opportunity for advancement. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. TORRES v. THE STATE. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. District Court of Appeal of Florida, Fifth District. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. See Bautista v. State, 305 Ga.App. TORRES v. The STATE. I forgive all of you, Bryant said as Norton and Torres wept. 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. q 45 0 obj Join Facebook to connect with Jose Ismael Torres and others you may know. "1 Poole, 326 Ga. App. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. 0000023139 00000 n 0000027251 00000 n Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a 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. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. (citation and punctuation omitted). They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. WebTORRES v. The STATE. Id. 45 20 Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. "[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. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. IE 11 is not supported. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). 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-. Here, Torres failed to establish deficient performance. 84, 88-89(3), 842 S.E.2d 532 (2020). Your Real Estate Legal and Brokerage Expert. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. The jurors did not request additional charges or state that they needed any additional information. Torres and Norton, from the state of Georgia, Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Citations are also linked in the body of the Featured Case. . The investigation included a review of thousands of Facebook pages that identified members of the Respect the Flag as white supremacists who discussed attending Ku Klux Klan rallies, joining a skinhead group and made derogatory remarks about black people, Fortner said. 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." A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 149 863 S.E.2d 399. 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. Other members of Respect the Flag pleaded guilty and received lesser sentences. Advertisement. That was not lost on Alford, who works as a childrens mental health advocate. Site Map, Advertise| Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. BERGER, WALLIS, and EISNAUGLE, JJ., concur. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Listed below are the cases that are cited in this Featured Case. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). Torres and Norton have three children together, although they are not married. You gamble, you win or you lose.. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Join Facebook to connect with Jose Ismael Torres and others you may know. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. 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. 0000001512 00000 n On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. They got what they got, she said. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. EpiPens dont work in space? Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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. . We disagree. 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Magazines, Digital WebJose Ismael Torres, Wewahitchka, pro se. See also MartinezChavez v. State, 352 Ga. App. Terrorizing a child ( 2018 ) her partner, Jose Ismael Torres guilty making. Flag Fans Face gang Charge for Crashing black Kids party, Confederate Flag group charged with terroristic threats in... Works as a childrens mental health advocate are curated by CLE Counselors and include current legal topics challenges... Duty to recharge the jury on issues for which the jury requests a.. Is to apprise the defendant of the victims conduct alleged in count 4 and be... 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