You didnt take a plea because you thought you were gonna get off. @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. 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. 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! 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. "[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. . My understanding was that the Court was going to read the same thing that you read to them in [the full jury] charge, rather than just the charges themselves. Also we would like the map display. At issue here is how the trial court handled the request for the definitions of the charges. After discussing the request with the attorneys, the trial court informed counsel, Ill just read the charges to them again slowly and carefully. 0000026062 00000 n 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). I will simply not tolerate this type of behavior in our community.. See id. 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. We find no error and affirm Torres's convictions. q On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. 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 See id. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. TORRES v. THE STATE. We disagree. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 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. They got what they got, she said. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). 2052. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. When Will South Carolina Take Down the Confederate Flag? Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Id. Tell the AJC: How do you experience race in Georgia? That is not him. WebTORRES v. THE STATE. 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. 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. at 247 (2) (citation and punctuation omitted). Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). Join Daily Report now! This is behaviour that even supporters of the Confederate battle flag can agree is criminal and shouldnt be allowed, Douglas County District Attorney Brian Fortner said in a statement. WebView the profiles of people named Jose Ismael Torres. 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. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. Id. Isnt it time we heard from UGAs Kirby Smart? at 881 882 (II). << The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. Jose Torres, Phillip Torres, Robert Torres. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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." 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. Would love your thoughts, please comment. We disagree. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. 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. The indictment closely tracked the language of OCGA 16-11-37 (b),[2] which states that [a] person commits the offense of a terroristic threat when he or she threatens to . Only four were charged with felonies. >> I am not a mean spirited person and Im sorry for your family that it had to come this far.. Please read our Commenting Policy first. 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. %%EOF 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. Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). 46 0 obj This claim lacks merit. 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. 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. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. Two others had earlier pleaded guilty to similar charges and received lesser sentences. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. 0000017752 00000 n 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Join Facebook to connect with Jose Ismael Torres and others you may know. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). 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. It was when they pulled them guns and said Im gonna shoot the little bastards.. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. 1. I forgive all of you. Torress counsel stated: As I understood the question, they were asking about the 18page document. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 0000004985 00000 n /Length 607 Prosecutors said Torres pointed a shotgun at the party. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). The indictment closely tracked the language of OCGA 16-11-37(b),2 which states that "[a] person commits the offense of a terroristic threat when he or she threatens to [c]ommit any crime of violence [w]ith the purpose of terrorizing another[,] or [i]n reckless disregard of the risk of causing the terror." She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. << Prosecutors say that Norton and Torres started using menacing language. Its inexplicable to me that you werent arrested by the police that day.. 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). 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. 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. Your article was successfully shared with the contacts you provided. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 0000013636 00000 n 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. Questions about group subscriptions? Hyesha Bryant, who was with her 3 children at the party, accepted the apology. /T 100459 Copyright 2023, Thomson Reuters. 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. Want to keep up with the latest crime coverage? In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 0000027251 00000 n Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. 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. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). 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. Court of Appeals of Georgia.https://leagle.com/images/logo.png. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 361 Ga.App. License our industry-leading legal content to extend your thought leadership and build your brand. A jury found Jose Ismael Torres guilty of making terroristic threats, The majority of police officers visible in the initial birthday-party cellphone video were white. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 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. 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. She was even used to hearing the type of slurs hurled at her and her guests. 0000000017 00000 n Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. Well kill all the little (racial epithet)s.. TORRES v. The STATE. at 395(2), 819 S.E.2d 682. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. 391, 394(2), 819 S.E.2d 682 (2018). Click on the case name to see the full text of the citing case. 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). /Names << /Dests 29 0 R>> 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. WebJose Ismael Torres is on Facebook. Copyright 2023 ALM Global, LLC. WebIn the Court of Appeals of Georgia A21A1148. stream Click the citation to see the full text of the cited case. 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. X ! Alford said Torres and Norton should have pleaded guilty. 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. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. 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." We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). Powered by. This claim therefore fails. 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. 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." 0000000729 00000 n IE 11 is not supported. Strickland, 466 U.S. at 687(III), 104 S.Ct. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Credit: Photo provided by Ceciley Pangburn. 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 0000004744 00000 n I accept responsibility for what I did, but that was not me.. 0000018120 00000 n Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). She said she grew up seeing it all over the Alabama town where she was raised. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. Jose Angel Fuentes Gago . We find no reversible error in the trial courts response to the question. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). (citation and punctuation omitted). We disagree. In Christian, 347 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. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. There were no objections to the court's decision. 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