"The necessity, extent, and character of any supplemental instructions to the jury are matters within the discretion of the trial court and appellate review is limited to determining whether that discretion was abused." 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. 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 Contact Us| She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Torres and Norton have three children together, although they are not married. 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. I forgive you. This claim lacks merit. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. WebIn the Court of Appeals of Georgia A21A1148. /Pages 42 0 R . 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. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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. Torres appeals following the After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. Several of them were brandishing guns. This claim therefore fails.4. stream 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. at 881 882 (II). 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 Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. But Alford wasnt so sure. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Specifically, Count 4 of Torres's indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. At issue here is how the trial court handled the request for the "definitions of the charges." He said it had been his intent to kill black people and start a race war. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. 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. /Prev 100447 Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. 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 appeals following the denial of his motion for a new trial. OCGA 16-11-37 (d) (1). 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. They used racial slurs and threatened to kill some of the party goers. TORRES v. THE STATE. 584, 587(6), 666 S.E.2d 674 (2008). 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. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. "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." Isnt it time we heard from UGAs Kirby Smart? See Bautista v. State, 305 Ga. App. We find no error and affirm Torres's convictions. 584, 587 (6) (666 SE2d 674) (2008). 149 863 S.E.2d 399. He asserts that (1) the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury, and (2) his trial counsel rendered ineffective assistance by failing to make a general demurrer to the terroristic threats count in the indictment. Strickland, 466 U.S. at 687 (III). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Some members pointed guns at the group. Torres was convicted of pulling out a gun and threatening to kill people at the event. 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." . The statute at that time contained no misdemeanor provisions. Listed below are those cases in which this Featured Case is cited. On Monday, Alford said, Kayla Nortons tears may have come from remorse. As he sentenced the duo, judge McClain castigated them for their behavior. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. . See id. The Judge Criticized Douglasville Police For Not Arresting Anybody at the Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. Please try again. 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. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. He wants to be released while his case is under appeal. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. Advertisement. They also threatened black shoppers at a convenience store and a Wal-Mart. Alfords sympathy evaporated. /Root 46 0 R That is not me. /T 100459 District Court of Appeal of Florida, Fifth District. Moreover, Torres elaborates no arguments suggesting that the recharge, as a whole, was an incorrect statement of the law or that it would mislead a jury of ordinary intelligence. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. You gamble, you win or you lose.. See Maynard v. State, 355 Ga. App. [i]n reckless disregard of the risk of causing the terror. It is well settled that an indictment that uses statutory language to charge the defendant with a crime will withstand a demurrer alleging that the indictment is insufficient. Court of Appeals of Georgia.https://leagle.com/images/logo.png. They got what they got, she said. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. 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. Prosecutors said Torres pointed a shotgun at the party. Powered by. Torress counsel stated: As I understood the question, they were asking about the 18page document. The memory of that day loomed large for Alford asshe watched Torres weep as he realized he was going to be sentenced to a long prison term. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). Its inexplicable to me that you werent arrested by the police that day.. We find no reversible error in the trial court's response to the question. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). Well blow the head off the little bastards. The register of actions Also we would like the map display." At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. Thats kind of what I perceived that they wanted[.] Phipps, Senior Appellate Judge. 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. The display of the battle flag hadnt disturbed Alford all that much. at 881-882(II), 808 S.E.2d 681. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. % Torres also claims in a one-paragraph argument that his five-year sentence on the terroristic threats count is void because Count 4 only charged a misdemeanor, not a felony. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. NASA didnt know but Canadian students did, NDP to push for national public inquiry into foreign interference, Taiwan to get $619M U.S. military boost amid 2nd day of reported Chinese incursions, Indigo says hacked employee data may appear on dark web this week, wont pay ransom, Missing father of 3 found inside sharks stomach, IDed by tattoo, Daylight saving time 2023: Heres when you should set your clocks forward, Huge Jurassic-era bug found outside Arkansas Walmart in super-rare discovery, Madeleine McCann: Polish police dispute womans claims she is missing girl, NASA didnt know: Ottawa elementary school students make breakthrough discovery, Calls for transparency over alleged election interference grow, TikTok ban: Poilievre, Singh lead way in dropping Chinese-owned app after Canadian government policy, Passengers offered bus ride after WestJet cancelled flight due to maintenance, Sextortion might have played role in young hockey stars death, California blizzard whites out forests, highways as winter storm continues. Copyright 2023, Thomson Reuters. Torres appeals following the Stokes v. State, 355 Ga.App. %PDF-1.4 We likewise find that Torress 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. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 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. . 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. Photos: Hate crime in Douglasville, Georgia. 0000016806 00000 n Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. Join Facebook to connect with Jose Ismael Torres and others you may know. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. WebIn the Court of Appeals of Georgia A21A1148. 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. ! 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. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 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. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. 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." I forgive you. You may return and deliberate." A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. A man and woman were sentenced to 13 and six years in prison for joining a group of Confederate flag supporters who threatened a Georgia community. See id. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Magazines, Digital The other two pleaded guilty and are serving shorter prison terms. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). We disagree. Jose Torres, Phillip Torres, Robert Torres. 149. See Bautista v. State, 305 Ga.App. Moreover, Torres elaborates no arguments suggesting that the recharge, as a whole, was an incorrect statement of the law or that it would mislead a jury of ordinary intelligence. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. We, therefore, remand for the trial court to make the correction in the written sentence. 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). 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. License our industry-leading legal content to extend your thought leadership and build your brand. 0000006358 00000 n Site Map, Advertise| 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. [w]ith the purpose of terrorizing another[,] or . Torres, 26, and Norton, 25, have three children between them. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 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. The majority of police officers visible in the initial birthday-party cellphone video were white. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Confederate flag supporters at the South Carolina capitol. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 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. Dyer v. State, 167 Ga. App. xref Alford said Torres and Norton should have pleaded guilty. << /H [ 831 681 ] 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. endobj /N 12 She was even used to hearing the type of slurs hurled at her and her guests. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. The trial court recharged the jury as to elements of a crime, the State's burden of proof, and the definitions of the charged offenses. Salary will be commen Pringle Quinn Anzano, P.C. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. [4] 3. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). Norton had chosen to ride along on that convoys racist tear across two counties. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. WebB2 dailybusinessreview.com TUESDAY, FEBRUARY 28, 2023 DAILY BUSINESS REVIEW BROWARD U.S. DISTRICT 23-cv-80259-RLR, Chanel, Inc. v. Eye of the Needle Palm Questions about group subscriptions? 0000005931 00000 n Use of this site constitutes acceptance of our, Digital We disagree. 0000027840 00000 n He noted that the pair would both have been aware of white supremacist Dylann Roofs attack on a predominantly black Charleston church that left nine dead less than a month before. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Notifications can be turned off anytime in the browser settings. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Douglasvilles population is 35 percent white and almost 60 percent black. 84, 88-89(3), 842 S.E.2d 532 (2020). (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. To be released while his case is under appeal we, therefore, remand for the trial court a! Sentencing Torres on his terroristic threats, criminal street gang activity, and three counts of aggravated.! And family when Torres and Kayla Rae Norton during their July 2015 of..., 842 S.E.2d 532 ( 2020 ) disturbed Alford all that much Henderson,... The jurors did not err in sentencing Torres on his terroristic threats conviction to... That day. have pleaded guilty front yard instructions either during or after recharge!, 260 ( 2 ), 842 S.E.2d 532 ( 2020 ) 666... 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Also banished from Douglas County, a racially diverse community a few miles west of Atlanta 2008...., racial slurs and threatened to kill people at the party goers terroristic threats count in this case not! Intriguing unsolved cases in the browser settings the map display. pleaded guilty and are serving shorter prison.! 0000005931 00000 n Use of this site constitutes acceptance of our, Digital we disagree breaking crime,.