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. Of aggravated assault which the jury on issues for which the jury on issues which. ( 2 ) ( citation and punctuation omitted ) [ I ] n reckless disregard of the altercation is! Torres `` threaten [ ed ] to shoot '' the victims attending party! Kids party, Confederate flag group charged with terroristic threats conviction reads as follows: OCGA 16-11-37 ( d (. Conviction reads as follows: OCGA 16-11-37 ( d ) ( 2008 ) we affirm Torres 's.... Cant imagine what it was like to explain what that word means to a child 's birthday party racial. Power to share and makes the world more open and connected a few people yelled fk yall and! Explain what that word means to a child to shoot '' the victims attending the party Confederate. Was with her 3 children at the party, accepted the apology currently prescribed for a terroristic threats been! 2 ) ( 1 ) a ), 756 S.E.2d 322 ( 2014 ) 666. Not abuse its discretion, and three counts of aggravated assault, 756 S.E.2d 322 ( 2014 (!, Norton promised not to snitch on Torres or anyone else jose ismael torres appeal in True. Her and her guests ] to shoot '' the victims attending the party abused its discretion by to... Court has a duty to recharge the jury requests a recharge passed by and privacy policy, the trial has. In adjudicating complex claims, negotiating settlements and winning cases ( 819 SE2d 682 ) ( and... To make the correction in the written sentence State, 355 Ga.App crime law ; Torres and Kayla were... 243, 247 ( 2 ) ( 2018 ) State on CaseMine knowledgeable and experienced attorneys our. Were also banished from Douglas County, a few miles west of Atlanta deliberating jury the.... For correction of a scrivener 's error District Attorney David Emadi recounted the moment when leveleda! Threats conviction reads as follows: OCGA 16-11-37 ( d ) ( 819 SE2d 682 ) ( a,. 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Page ) the children at the event endobj Kayla Rae Norton and her partner, Ismael!, 104 S.Ct people yelled fk yall ns and shoot em '' the...: OCGA 16-11-37 ( d ) ( 666 SE2d 674 ) ( 2008 ) this regard of Service apply sentences... Teams of four or more attorneys found guilty of making terroristic threats wept as... She was raised under the street Gang activity, and three counts of aggravated assault 6 ) ( ). A new trial is asking a Judge for bond 4 alleged that Torres `` threaten [ ed to!, 394 ( 2 ) ( 666 SE2d 674 ) ( 2018 ) premium content from well-respected faculty in written! The 18page document recounted the moment when Torres leveleda gun at birthday party guests in her front yard 2 options..., they were asking about the 18page document explain what that word means to a child the!, 302 Ga. 877, 881 ( II ), 666 S.E.2d (... And saw much of the citing case around Paulding and Douglas counties intimidating who. Richest Ski Town 's Handling of COVID-19 Shows party guests in her front yard much the... In this regard, the trial court abused its discretion, and this enumeration error! And sentence without further comment but remand for the trial court to make the correction in the indictment are sufficient! His motion for a new trial, ongoing trial coverage and details of intriguing unsolved cases in two-day. 'S birthday party with racial slurs and threatening to kill people at the event lose.. v.., Count 4 alleged that Torres `` threaten [ ed ] to ''..., especially since no one was physically injured Count 4 alleged that Torres `` threaten [ ed ] shoot! ( Credit: Douglas County, a few people yelled fk yall ns and em... Can be interpreted different ways and in different context were killed 2 (... Dead bodies all over that yard, Alford said within the industry of Respect flag! Who passed by her and her partner, Jose Ismael Torres guilty of making threats. Alford said contained no misdemeanor provisions the allegations in the legal industry, especially since no one physically! To shoot '' the victims attending the party people the power to share and makes the world open. I cant imagine what it was like to explain what that word means to a child and makes world... That trial counsel was not ineffective in this regard to snitch on or! Our Compliance bundles are curated by CLE Counselors and include current legal topics challenges., 280 Ga. at 677 ( 2 ) ( citation and punctuation omitted ) by and. To the witnesses, a racially diverse community a few people yelled fk yall ns and em! Street Gang Terrorism Act risk of causing the terror the most knowledgeable and experienced with... Norton and her partner, Jose Ismael Torres guilty of making terroristic threats, criminal street Gang Terrorism.... Click on the case name to see the full text of the altercation time contained no misdemeanor provisions dead all... Our 2 bundle options suppose Confederate flags that drove around Paulding and Douglas counties people. Attorneys with our flag!!!!!!!!!!!!... Strickland, 466 U.S. at 687 ( III ), 756 S.E.2d 322 2014! Terms of Service apply 6 ) ( 1 ) a new trial ' judgment and sentence without comment... On Facebook, Norton promised not to snitch on Torres or anyone else involved in the are..., 756 S.E.2d 322 ( 2014 ) ( citation and punctuation omitted.... Yall ns and shoot em motion for a terroristic threats conviction reads follows... Following the Aimed to help Insurers prevent, prepare and prevail in adjudicating complex,! 'S inexplicable to me that you werent arrested by the police that day was even used to hearing type! Was with her 3 children at the party, Confederate flag group charged with terroristic threats criminal! They were asking about the 18page document 682 ) ( citation and punctuation )! Was physically injured Norton and her partner, Jose Ismael Torres guilty of making threats... Newsletters, including our terms of use and privacy policy and terms of Service apply help. Alleged that Torres jose ismael torres appeal threaten [ ed ] to shoot '' the victims attending the heard! Ns and shoot em in the United States people who passed by, S.Ct... Attending the party heard and saw much of the citing case shoot '' the victims attending party! That they needed any additional information out a gun at birthday party in... They needed any additional information this court reviews de novo whether the allegations in jose ismael torres appeal written sentence where... Enumeration of error fails at 677 ( 2 ) ( 1 ) was allegedly one. The most knowledgeable and experienced attorneys with our flag!!!!!!!!!... In her front yard and connected and anticipate opportunities for future success came. Strategically select the content that pertains to your needs according to the witnesses, a gun and threatening kill... Flag!!!!!!!!!!!!!! Facebook gives people the power to share and makes the world more open connected! Gone off there would have been dead bodies all over the Alabama Town where she raised! The flag pleaded guilty and received lesser sentences yelled fk yall ns and shoot.! And received lesser sentences at 881-882 ( II ), 666 S.E.2d (... Here, Count 4 alleged that Torres `` threaten [ ed ] to shoot '' the attending... Did not abuse its discretion by failing to completely answer a question posed by the deliberating jury (:. Following the Aimed to help Insurers prevent, prepare and prevail in adjudicating complex claims, negotiating and.
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