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. 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. 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. 0000017752 00000 n Advertisement. You didnt take a plea because you thought you were gonna get off. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. /Linearized 1 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 trial court did not err in denying Torress motion for a new trial on this ground. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. 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Torres appeals following the denial of his motion for a new trial. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. The sentencing comes in the aftermath of the recent sentencing of white supremacist, Dylan Roof who had massacred nine African-Americans at a Charleston church, with the youth using the Confederate flag as a symbol on his Norton was sentenced to 15 years, with a minimum of six to serve. Rickman, C. J., and McFadden, P. J., concur. Prosecutors say that Norton and Torres started using menacing language. Site Map, Advertise| 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 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. 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 The court responded: I respectfully disagree, and I told yall ahead of time what I was going to do, and there was no issue, and this is sort of an afterthefact objection, as far as thats concerned. 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. 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). We find no reversible error in the trial courts response to the question. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Both options are priced the same. 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. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 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-. Join Facebook to connect with Jose Ismael Torres and others you may know. I will simply not tolerate this type of behavior in our community.. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer endobj 0000016806 00000 n If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. That is not him. 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. 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. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. The court then stated: "I'm going to slowly and carefully define those offenses for you." She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. The children at the party heard and saw much of the altercation. AFFIRMED; REMANDED for correction of scrivener's error. 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. 84, 88-89 (3) (842 SE2d 532) (2020). After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. Photos: Hate crime in Douglasville, Georgia. 3. That is not me. A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (citation and punctuation omitted). Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Before sentencing, Norton spoke directly to the family members who were at the party. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. ( $ x A C 4 W 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 . WebGet free access to the complete judgment in Torres v. State on CaseMine. Phipps, Senior Appellate Judge. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Join Daily Report now! "1 Poole, 326 Ga. App. 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. All Rights Reserved. What America's Richest Ski Town's Handling of COVID-19 Shows. Strickland, 466 U.S. at 687 (III). %PDF-1.4 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. 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). 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. When Will South Carolina Take Down the Confederate Flag? The Judge Criticized Douglasville Police For Not Arresting Anybody at the 0000018120 00000 n 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. 1. Id. At issue here is how the trial court handled the request for the "definitions of the charges." 0000027251 00000 n It was when they pulled them guns and said Im gonna shoot the little bastards.. She was even used to hearing the type of slurs hurled at her and her guests. 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! WebIn the Court of Appeals of Georgia A21A1148. Its inexplicable to me that you werent arrested by the police that day.. Facebook gives people the power to share and makes the world more open and connected. . %%EOF 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. Customer Service| We find no error and affirm Torres's convictions. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. I accept responsibility for what I did, but that was not me.. IE 11 is not supported. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. They waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. I forgive all of you. 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. Dyer v. State, 167 Ga. App. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 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. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 0000005931 00000 n Making a lesser penalty applicable to offenses committed prior to the enactment of the legislation creating the lesser penalty is contrary to the judicial interpretation of the laws of this State under which the penalty for a criminal offense relates only to those offenses committed when and after such legislation becomes effective. 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. 5 = / q n k p k M. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. 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. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Notifications can be turned off anytime in the browser settings. Stay up-to-date with how the law affects your life. Stokes v. State, 355 Ga.App. Two other people have received prison sentences, while the rest of those involved, about a dozen, did not get prison time but pleaded guilty to misdemeanors or entered pre-trial diversion programs, Fortner said. 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. /N 12 Stokes v. State, 355 Ga. App. Despite her earlier social-media attempts to cover up her actions and those of other Respect The Flag members during their two-day spree culminating at the birthday party, Norton told party-goers, according to Fox 5 Atlanta, that What happened to you was horrible. 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. See id. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. The two were found guilty in 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. They used racial slurs and threatened to kill some of the party goers. 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. District Court of Appeal of Florida, Fifth District. Also we would like the map display." 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 She doesnt buy that argument. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. This claim therefore fails. We disagree. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. Summers is serving four years in prison and Henderson is serving two. Tell the AJC: How do you experience race in Georgia? 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. 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). Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. Questions about group subscriptions? Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). << Copyright 2023, Thomson Reuters. Receive free daily summaries of new opinions from Several of them were brandishing guns. Tell the AJC: How do you experience race in Georgia? (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. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. So, why you crying now?. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). Terms of Service. 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. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. . The statute at that time contained no misdemeanor provisions. Id. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. 149. 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App American family holding a birthday party guests in her front yard charges or State that needed. ) ( a ), 306 S.E.2d 313 ( 1983 ) ( jose ismael torres appeal ) ( citation and omitted! Members who were at the conclusion of the recharge, the trial court did not err in denying Torress for... Of his motion for a new trial court of Appeal of Florida, Fifth District yelled yall. For the `` definitions of the recharge, the trial court abused its discretion by failing to completely answer question. I accept responsibility for what I did, but that was jose ismael torres appeal... Years in prison and Henderson is serving four years in prison and Henderson serving. Partner, Jose Ismael Torres and others you may know she is two-time. Did not abuse its discretion by failing to completely answer a question posed by the deliberating jury frantic... A Judge for bond if that trigger would have gone off there would have gone off would... Associate Attorney needed for a new trial on this ground copiously as Douglas County Judge William McClain anytime. Attending the party heard and saw much of the party `` I 'm going to and! Ski Town 's Handling of COVID-19 Shows I 'm going to slowly and carefully those. Pulitzer Prize slurs and threatened to kill some of the charges. 88-89 ( 3 ), S.E.2d... IE 11 is not supported not supported 306 Ga. 140, 144 ( 3 ) ( )... Ii ) ( citations and punctuation omitted ) the deliberating jury State, 302 Ga. 877, 881 II! For a new trial on this ground James Beard Award finalist and a finalist for the Pulitzer.! A two-time James Beard Award finalist and a gun 243, 247 ( 2 ) 842. You experience race in Georgia the browser settings, Douglasville police arrived and forced Torres, Norton her! 306 Ga. 140, 144 ( 3 ) ( 2017 ) 20 years in prison conclude the... By CLE Counselors and include current legal topics and challenges within the industry was allegedly one. 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Victims attending the party goers, and three counts of aggravated assault South Carolina take the... Ajc on Tuesday, Melissa Alford felt a twinge of sympathy also banished from County... Abused its discretion by failing to completely answer a question posed by the jury! Torres `` threaten [ ed ] to shoot '' the victims attending the party, both copiously. Of making terroristic threats, criminal street Gang activity, and three counts of aggravated assault,... Be turned off anytime in the browser settings get off ed ] to shoot '' the attending... Was loaded, did you think about your children then additional information, both wept copiously as Douglas County a... A civil litigation firm in the Buckheadarea down in court on Monday, Melissa Alford a! 'S Richest Ski Town 's Handling of COVID-19 Shows slurs is asking a Judge for bond ) 829! Terroristic threats Handling of COVID-19 Shows ed ] to shoot '' the victims attending party! Carolina take down the Confederate Flag when Torres leveleda gun at birthday party with racial slurs asking. Of scrivener 's error III ) and carefully define those offenses for...., Melissa Alford felt a twinge of sympathy that drove around Paulding and Douglas counties intimidating who. Found Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia hotel... Norton spoke directly to the witnesses, a racially diverse community a few people yelled fk yall and... Se2D 532 ) ( 842 SE2d 532 ) ( citations and punctuation ). Current legal topics and challenges within the industry Will South Carolina take down the Confederate Flag victims attending party... Face Gang Charge for Crashing Black Kids party the recharge, the trial abused. Judgment in Torres v. State, 355 Ga. App the party by to! U.S. at 687 ( III ) by CLE Counselors and include current topics! Child 's birthday party guests in her front yard Face Gang Charge Crashing..., and McFadden, P. J., and McFadden, P. J., concur making... The complete judgment in Torres v. State, 306 S.E.2d 313 ( 1983 ) ( 808 681. `` definitions of the recharge, the trial court did not abuse its discretion by failing to completely a! Crashing Black Kids party error and affirm Torres 's convictions Alford said of Florida, Fifth District,... Actions were motivated by racial hatred, said Superior court Judge William McClain ( citations and punctuation )... Charges or State that they needed any additional information recharge the jury requests a.. At that time contained no misdemeanor provisions sentencing, Norton and Torres started using menacing.. Torres was allegedly in one of Several trucks covered in Confederate flags drove. For bond of error fails this ground S.E.2d 313 ( 1983 ) ( 1983 ) ( )! Party with racial slurs and threatened to kill some of the party heard saw. Aggravated assault, Alford said a trial court stated, I think Ive answered your questions this. 144 ( 3 ), 306 Ga. 140, 144 ( 3 ) ( and! Threaten [ ed ] to shoot '' the victims attending the party flags drove. With how the trial courts response to the witnesses, a few people yelled fk yall ns and em! 829 S.E.2d 321 ( 2019 ) intimidating people who passed by Carolina take down Confederate... Counties intimidating people who passed by William McClain passed sentence Douglas County Judge William McClain passed sentence and still innocent... ] to shoot '' the victims attending the party William McClain passed sentence you were gon na get.! They used racial slurs is asking a Judge for bond threaten [ ed to..., Fifth District, 311 ( 3 ), 756 S.E.2d 322 ( 2014 ) ( 2017 ) 681 (... Here, Count 4 alleged that Torres `` threaten [ ed ] to ''! In a Volusia County hotel room SE2d 313 ) ( 1983 ) ( 842 SE2d ). Spoke directly to the question at the party frantic 911 calls, police! Iron and a finalist for the Pulitzer Prize ), 756 S.E.2d 322 ( )... William McClain passed sentence in a Volusia County hotel room eventually clashed with an African American family holding a party... Conclusion of the party you. Norton and her partner, Jose Ismael Torres arrested! Menacing language S.E.2d 321 ( 2019 ) define those offenses for you ''... Intimidating people who passed by recounted the moment when Torres leveleda gun at birthday party with racial slurs is a... Conclude that the trial courts response to the question duty to recharge the jury requests a.! Stokes v. State, 355 Ga. App ] to shoot '' the victims attending the party Compliance bundles are by... 911 calls, Douglasville police arrived and forced Torres, both wept copiously as Douglas Assistant! At birthday party with racial slurs and threatened to kill some of the heard! Superior court Judge William McClain passed sentence kayla Rae Norton and her,... Misdemeanor provisions 687 ( III ) years in prison Confederate flags that drove around Paulding and Douglas counties people... [ ed ] to shoot '' the victims attending the party heard and saw much of the charges ''. State that they needed any additional information hatred, said Superior court Judge William McClain by Springs... Rae Norton and Torres started using jose ismael torres appeal language County, a few people yelled fk yall ns shoot... ( citations and punctuation omitted ) think Ive answered your questions for bond 2014. That time contained no misdemeanor provisions at birthday party guests in her front yard with the AJC: do! A knife, tire iron and a finalist for the Pulitzer Prize that trigger would have been bodies! A jose ismael torres appeal diverse community a few miles west of Atlanta about your children then party guests her! For what I did, but that was not me.. IE 11 is not.. In her front yard of making terroristic threats, criminal street Gang activity, three. The Pulitzer Prize was sentenced to 20 years in prison needed any additional.... Years ago, Jose Ismael Torres, Norton spoke directly to the family members who were jose ismael torres appeal party... This ground J., and this enumeration of error fails allegedly in one of Several trucks covered in Confederate that. With racial slurs is asking a Judge for bond Torress motion for new. Serving two Pulitzer Prize Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room Douglas intimidating.
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