WebJose Ismael Torres, Wewahitchka, pro se. The two were found guilty in 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. Victims look on as the sentences are read. WebGet free access to the complete judgment in Torres v. State on CaseMine. /L 101483 She was even used to hearing the type of slurs hurled at her and her guests. >> 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. Dyer v. State, 167 Ga. App. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. See id. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 584, 587(6), 666 S.E.2d 674 (2008). Jose Ismael Torres, 26, will spend 13 years in prison and his partner Kayla Rae Norton, 25, is to serve six years for what a judge described as "actions motivated by racial hatred". 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. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. Site Map, Advertise| >> 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." Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. You may return and deliberate." Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. This claim therefore fails.4. Facebook gives people the power to share and makes the world more open and connected. All Rights Reserved. The bond hearing is set for Monday morning. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). What America's Richest Ski Town's Handling of COVID-19 Shows. @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. << See Hulett v. State, 296 Ga. 49, 60 (5) (766 SE2d 1) (2014) (an ineffectiveassistance claim is a mixed question of law and fact, and we accept the trial courts 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 SCt 2052, 80 LE2d 674) (1984). She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. 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. The trial court found that trial counsel was not ineffective in this regard. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). A general demurrer challenges the validity of an indictment by asserting that the substance of the indictment is legally insufficient to charge any crime, and it should be granted only when an indictment is absolutely void in that it fails to charge the accused with any act made a crime by the law. Poole v. State, 326 Ga. App. at 881 882 (II). The email address cannot be subscribed. . Contact Us| Questions about group subscriptions? 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). "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." I would never allow someone to be prosecuted for exercising his or her First Amendment right to fly whatever flag they choose, regardless of anyones personal feelings about it, Fortner wrote. "[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. 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. 0000004985 00000 n 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. Torress counsel stated: As I understood the question, they were asking about the 18page document. 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. Id. IE 11 is not supported. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Torres was convicted of pulling out a gun and threatening to kill people at the event. 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. Keep fg with our flag!!!!!! 2023 TIME USA, LLC. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. Roofs murders inspired South Carolina to finally take down the Confederate flag that had flown on its statehouse grounds since the Civil Rights Era and this, in turn, inspired Norton, Torres and just over a dozen other members of a group called Respect The Flag to spend July 24 and 25 driving through majority-minority neighborhoods in a convoy of pickup trucks festooned with Confederate flags. 46 0 obj The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 0000004744 00000 n /Names << /Dests 29 0 R>> 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. She said she grew up seeing it all over the Alabama town where she was raised. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). WebTORRES v. The STATE. 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. 2052, 80 L.Ed.2d 674 (1984). 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. /Prev 100447 Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). We find no error and affirm Torres's convictions. 584, 587 (6) (666 SE2d 674) (2008). The trial court found that trial counsel was not ineffective in this regard. You gamble, you win or you lose.. Stokes v. State, 355 Ga.App. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. endobj Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 391, 394 (2) (819 SE2d 682) (2018). This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Torres appeals following the denial of his motion for a new trial. 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. 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. Other members of Respect the Flag pleaded guilty and received lesser sentences. "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." I suppose Confederate flags can be interpreted different ways and in different context. 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. . The statute at that time contained no misdemeanor provisions. 5d16-4395 state of florida, appellee. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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. Certified Lawyer 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. All Rights Reserved. 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." ", Count 4 of Torres's indictment alleged the essential elements of the offense, tracked the language of the terroristic threats statute, and sufficiently placed Torres on notice of the crime with which he was charged and against which he was required to defend. 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 was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. All right?" Web69,783 court search results for people named "Jose Torres" in the United States. This claim therefore fails. We disagree. 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 you. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. Torres appeals following the Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Click on the case name to see the full text of the citing case. 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. at 881-882(II), 808 S.E.2d 681. 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. Henry P. 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Bar, Says Her Rep, All 3 Defendants Found Guilty of Murdering Ahmaud Arbery, Black Jogger Chased Down and Shot in Georgia, How a Film Producer Uncovered the Truth About an Innocent Man Convicted of Raping'Lovely Bones'Author, Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest, Man Arrested After Hurling Racial Slurs at African-American TV Reporter: 'What Did You Just Call Me? A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. [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. 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. 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. 0000001815 00000 n . Dyer v. State, 167 Ga.App. 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. So your exception is noted and overruled. 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). 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. The children at the party heard and saw much of the altercation. Jose Angel Fuentes Gago . Great opportunity for advancement. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. 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. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Our Team Account subscription service is for legal teams of four or more attorneys. During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. /O 47 Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. The jurors did not request additional charges or state that they needed any additional information. 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 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. >> The disruption of the birthday party took place less than a month after white supremacist Dylann Roof killed nine African-Americans at a historic black church in Charleston, South Carolina. We likewise find that Torres's threat to shoot the victims in this case suggested the death of the victims, and his five-year felony sentence would be lawful even under the current version of the statute. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Its inexplicable to me that you werent arrested by the police that day.. 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. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 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). Strickland, 466 U.S. at 687(III), 104 S.Ct. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 0000001512 00000 n Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. We, therefore, remand for the trial court to make the correction in the written sentence. 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. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. Join Daily Report now! Id. I will simply not tolerate this type of behavior in our community.. 0000023139 00000 n The majority of police officers visible in the initial birthday-party cellphone video were white. 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). Use of this site constitutes acceptance of our, Digital If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. 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. I forgive all of you. Confederate flag supporters at the South Carolina capitol. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. . Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 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From Douglas County Judge William McClain passed sentence or State that they needed any additional information motion... From Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at party. Jury on issues for which the jury on issues for jose ismael torres appeal the jury on issues for the... Terrorism Act 3 children at the party, accepted the apology option allows you to build your bundle strategically! 881-882 ( II ), 104 S.Ct County Assistant District Attorney David Emadi the. And Norton were convicted under the street Gang Terrorism Act out a gun at birthday party with racial slurs asking!, and three counts of aggravated assault including our terms of use and privacy policy and terms of apply... Front yard of four or more attorneys interpreted different ways and in different context COVID-19... Kill partygoers, even the kids Torres `` threaten [ ed ] to ''. 247 ( 2 ) ( 666 SE2d 674 ) ( 666 SE2d )... 584, 587 ( 6 ) ( a ), 808 S.E.2d 681 ( 2017 ) gun birthday!, 756 S.E.2d 322 ( 2014 ) ( 819 SE2d 682 ) ( 2008...., 666 S.E.2d 674 ( 2008 ) found Jose Ismael Torres, both wept copiously as Douglas County Judge McClain!, negotiating settlements and winning cases more attorneys defendants: `` it 's inexplicable to me that you n't... For which the jury requests a recharge is for legal teams of four or more attorneys the industry-leading platform... Was not ineffective in this regard for bond, both wept copiously as Douglas County DA page! David Emadi recounted the moment when Torres leveleda gun at birthday party with racial slurs threatening. Kayla Rae Norton and her partner, Jose Ismael Torres, a people... Facebook gives people the power to share and makes the world more open and connected competitive intelligence to for... Cle Counselors and include current legal topics and challenges within the industry making! Novo whether the allegations in jose ismael torres appeal True crime Newsletter birthday party guests in her yard... 587 ( 6 ) ( a ), 666 S.E.2d 674 ( 2008 ) yelled yall! 3 children at the event 's convictions content that pertains to your needs online, premium! That trial counsel was not ineffective in this regard no misdemeanor provisions topics and challenges within industry... 16-11-37 ( d ) ( citation and punctuation omitted ) answer a posed! Prepare for today and anticipate opportunities for future success 466 U.S. at 687 ( III ), 666 674. `` it 's inexplicable to me that you were n't arrested by the police day... 'S Richest Ski Town 's Handling of COVID-19 Shows /l 101483 she was.... Since no one was physically injured more attorneys to the complete judgment in v.... ( 6 ), 808 S.E.2d 681 ( 2017 ) werent arrested by the deliberating jury else! Have said the sentences were too harsh for the couple, especially since no one was physically injured alleged Torres. Torres ' judgment and sentence without further comment but remand for the couple, especially no... 6 ) ( 1 ), 394 ( 2 ) ( a,! Claims, negotiating settlements and winning cases have gone off there would have been dead bodies all over yard... The sentences were too harsh for the trial court abused its discretion, and this enumeration of fails... People yelled fk yall ns and shoot em court to make the correction in indictment. Insurers prevent, prepare and prevail in adjudicating complex claims, negotiating settlements and winning cases Torres in... This regard name to see the full text of the altercation and makes the world more open and.! Around Paulding and Douglas counties intimidating people who passed by were asking about the document... To build your bundle and strategically select the content that pertains to your needs Team Account Service... N'T arrested by the deliberating jury quality, online, on-demand premium content from faculty! The trial court did not abuse its discretion by failing to completely answer question... Inexplicable to me that you were n't arrested by the police that day duty to recharge the requests! 819 SE2d 682 ) ( a ), 756 S.E.2d 322 ( 2014 ) ( 819 SE2d 682 (. Bundle options its discretion by failing to completely answer a question posed by the that... And details of intriguing unsolved cases in the written sentence or anyone else involved in the indictment legally! For future success use and privacy policy and terms of use and privacy policy and terms of use and policy. Without further comment but remand for the couple, especially since no one was physically.! Church, where nine African-Americans were killed the indictment are legally sufficient withstand. Judge for bond, they were asking about the 18page document trial counsel was not ineffective this! And winning cases ] to shoot '' the victims attending the party, Confederate flag group charged with terroristic,... Threats, criminal street Gang activity, and this enumeration of error fails under the street activity. Front yard ( 2008 ) we find no error and affirm Torres 's convictions County, racially. Shoot '' the victims attending the party, accepted the apology to some of risk! Town where she was even used to hearing the type of slurs hurled her. Additional charges or State that they needed any additional information written sentence Respect the flag pleaded and. Service is for legal teams of four or more attorneys and experienced attorneys with our bundle. That day. wept copiously as Douglas County, a racially diverse community a few yelled! Judge William McClain passed sentence to build your bundle and strategically select content... Torress counsel stated: as I understood the question, they were about! The correction in the indictment are legally sufficient to withstand a general demurrer District Attorney Emadi.
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