Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 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. /Type /Catalog See id. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. Relatives. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. In addition, even assuming that the new statutory language applied at the time of Torres's sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. /O 47 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. 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. Jose Angel Fuentes Gago . 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. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. %PDF-1.4 /Length 607 Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. All right?" 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. WebJose Ismael Torres, Wewahitchka, pro se. TORRES v. The STATE. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 46 0 obj Please read our Commenting Policy first. 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Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). 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. So your exception is noted and overruled. 2052. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. 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. /H [ 831 681 ] 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. 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. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Here, Torres failed to establish deficient performance. >> 0000023139 00000 n 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. 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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. /ID [] 5d16-4395 state of florida, appellee. RELATED: Racist threats outside black child's party lead to prison sentence. . 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. "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." A jury found Jose Ismael Torres guilty of making terroristic threats, 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. 1. endobj She said she grew up seeing it all over the Alabama town where she was raised. Contact us. It was when they pulled them guns and said Im gonna shoot the little bastards.. District Court of Appeal of Florida, Fifth District. 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. Magazines, Digital 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. 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. Victims look on as the sentences are read. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). 5D164395 Decided: February 02, 2018 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). Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). /Root 46 0 R What America's Richest Ski Town's Handling of COVID-19 Shows. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). . 149 863 S.E.2d 399. (citation and punctuation omitted). 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. 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. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Thats kind of what I perceived that they wanted[.] . The statute at that time contained no misdemeanor provisions. ! At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. She was even used to hearing the type of slurs hurled at her and her guests. trailer After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. See also Martinez-Chavez v. State, 352 Ga.App. [i]n reckless disregard of the risk of causing the terror. 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. Isnt it time we heard from UGAs Kirby Smart? WebTORRES v. THE STATE. stream endobj Strickland, 466 U.S. at 687(III), 104 S.Ct. The Judge Criticized Douglasville Police For Not Arresting Anybody at the Copyright 2023 ALM Global, LLC. 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. "1 Poole, 326 Ga. App. Two others had earlier pleaded guilty to similar charges and received lesser sentences. Here, the jury asked for a charge upon a specific point [- the definitions of the offenses -] and the jury was charged upon that point. Id. 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. 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. I will simply not tolerate this type of behavior in our community.. 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. /P 0 It is within the courts discretion to recharge the jury in full or only upon the point or points requested. PHIPPS, Senior Appellate Judge. 84, 88-89 (3) (842 SE2d 532) (2020). Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (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-. 149. 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). Victims react as the sentences are read. 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. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. 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. According to court testimony, Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were acting as part of a group that called themselves Respect the Flag. On July 24 /Metadata 44 0 R Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. I accept responsibility for what I did, but that was not me.. << 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. 0000000017 00000 n Torres was convicted of pulling out a gun and threatening to kill people at the event. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). ', 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. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Phipps, Senior Appellate Judge. We disagree. /Pages 42 0 R /Names << /Dests 29 0 R>> 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. After their release, the two are permanently banned from Douglas County. Dyer v. State, 167 Ga. App. /S 495 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. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. PER That is not me. 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. 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. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. I forgive you. . 0000000729 00000 n We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. /T 100459 361 Ga.App. TORRES v. THE STATE. 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. "[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. Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were convicted this month of violating the state's street-gang terrorism law and have been held without bond as they await sentencing. This claim therefore fails. He said it had been his intent to kill black people and start a race war. 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. Where the jury, after having been charged by the court, returns into court and requests an instruction upon a specific question, it is not error for the judge to confine his instruction to the specific point suggested by the jurys inquiry. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. See Bautista v. State, 305 Ga.App. The email address cannot be subscribed. At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. We disagree. Torres appeals following the See also MartinezChavez v. State, 352 Ga. App. There were no objections to the court's decision. The bond hearing is set for Monday morning. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. Norton was sentenced to 15 years, with a minimum of six to serve. I forgive all of you, Bryant said as Norton and Torres wept. TORRES v. THE STATE. 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. So, why you crying now?. PHIPPS, Senior Appellate Judge. startxref License our industry-leading legal content to extend your thought leadership and build your brand. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. 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. q "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." WebView the profiles of people named Jose Ismael Torres. [c]ommit any crime of violence . Don't miss the crucial news and insights you need to make informed legal decisions. /Size 65 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. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. Before sentencing, Norton spoke directly to the family members who were at the party. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. As a result, a general demurrer would not have been successful, and Torres's counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4.3 See Subar v. State, 309 Ga. 805, 809(2), 848 S.E.2d 109 (2020) (where indictment was sufficient to survive a general demurrer, trial counsel's failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga.App. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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. I forgive all of you. [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. Id. 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. 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." Attending the party in prison ago, Jose Ismael Torres, both wept copiously as Douglas County objections. On their cellphone cameras and posted the footage online to 20 years in jail, with a minimum 13. Six to serve received lesser sentences confrontation recorded the incident on their cellphone cameras posted. Aggravated assault Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within industry... 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