The two sentenced Monday, Jose Torres and Kayla Norton, who authorities said yelled racist slurs and threatened the birthday revelers with a shotgun, were the last of the group to be sentenced. She said she grew up seeing it all over the Alabama town where she was raised. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. (citation and punctuation omitted). Jose Ismael Torres, 26, and Kayla Rae Norton, 25, (pictured above) were first arrested and convicted earlier in the month under a street gang terrorism law for the 2015 incident. I suppose Confederate flags can be interpreted different ways and in different context. << >> 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. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. "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." A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Jose Torres, Phillip Torres, Robert Torres. 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. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. The attack, prosecuted under the state's Street Gang Terrorism law, came several weeks after a white supremacist killed nine black worshipers at a South Carolina church, sparking a backlash against public displays of the Confederate battle flag. 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. /Pages 42 0 R You didnt take a plea because you thought you were gonna get off. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 142, 143 (1) (834 SE2d 139) (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). Here, Torres failed to establish deficient performance. 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. 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. 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. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. /L 101483 We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Credit: Photo provided by Ceciley Pangburn. 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. That is not him. . 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. What America's Richest Ski Town's Handling of COVID-19 Shows. 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 TORRES v. THE STATE. Torres appeals following the WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Thats kind of what I perceived that they wanted[.] Write to Joseph Hincks at joseph.hincks@time.com. 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. That was not lost on Alford, who works as a childrens mental health advocate. 391, 394 (2) (819 SE2d 682) (2018). ( $ x A C 4 W 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 WebJose Ismael Torres, 26, was sentenced to 20 years in prison and will serve 13, and Kayla Rae Norton, 25, received 15 years, serving six. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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 The two had been part of a group of 15 people calling itself Respect the Flag. On July 24, on 2015, they began a rampage through neighboring Paulding County. /E 46291 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. In addition, even assuming that the new statutory language applied at the time of Torres's sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. Several of them were brandishing guns. We disagree. The trial court found that trial counsel was not ineffective in this regard. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. 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. 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. See Bautista v. State, 305 Ga.App. 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. Victims react as the sentences are read. 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. All rights reserved. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. Join Facebook to connect with Jose Ismael Torres and others you may know. (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. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . In Christian, 347 Ga. App. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. The email address cannot be subscribed. Join Facebook to connect with Jose Ismael Torres and others you may know. Rickman, C. J., and McFadden, P. J., concur. The two are the last of 15 people charged in the confrontation at the 8-year-olds party, which took place in Douglasville in July 2015. 0000000831 00000 n But the Douglasville Police Department eventually built the case for prosecution, Fortner said. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Assistant District Attorney David WebIn the Court of Appeals of Georgia A21A1148. 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. Its inexplicable to me that you werent arrested by the police that day.. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. xref 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. Count 4 of Torress 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. 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. Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). 46 0 obj She was even used to hearing the type of slurs hurled at her and her guests. Example video title will go here for this video. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 149 863 S.E.2d 399. Dyer v. State, 167 Ga. App. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. I am not a mean spirited person and Im sorry for your family that it had to come this far.. ? 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. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. . Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. I think the tears were mainly because they got caught, Alford said. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). In addition, at no point did the jurors ask for additional instructions either during or after the recharge. There were no objections to the court's decision. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Click on the case name to see the full text of the citing case. Torres appeals following the denial of his motion for a new trial. 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. q at 395(2), 819 S.E.2d 682. I accept responsibility for what I did, but that was not me.. They even threatened to kill children at the party. Contact us. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). On Monday, Alford said, Kayla Nortons tears may have come from remorse. at 881-882(II), 808 S.E.2d 681. According to court testimony, Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were acting as part of a group that called themselves Respect the Flag. On July 24 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Before sentencing, Norton spoke directly to the family members who were at the party. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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. /Length 607 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. Poole v. State, 326 Ga.App. 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. He said it had been his intent to kill black people and start a race war. . Torres appeals following the IE 11 is not supported. Photos: Hate crime in Douglasville, Georgia. The pair had joined a group called Respect the Flag that drunkenly drove around Georgias Douglas and Paulding counties over two days in July 2015. Click the citation to see the full text of the cited case. Also we would like the map display. At issue here is how the trial court handled the request for the definitions of the charges. After discussing the request with the attorneys, the trial court informed counsel, Ill just read the charges to them again slowly and carefully. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. WebView the profiles of people named Jose Ismael Torres. Citations are also linked in the body of the Featured Case. 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. 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 . Long Waits, Short Appointments, Huge Bills. /Linearized 1 Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. 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). Norton had chosen to ride along on that convoys racist tear across two counties. /Info 43 0 R The decision to conduct a rigorous investigation led to a successful outcome that best served our community., Jose Torres (credit: Douglas County DA Facebook page), Despite or perhaps because of the Douglasville PDs initial reluctance to arrest any Respect The Flag members, the Southern Poverty Law Center launched an investigation almost immediately after the July 2015 incident. TORRES v. The STATE. They also threatened black shoppers at a convenience store and a Wal-Mart. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. See id. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. >> Notifications can be turned off anytime in the browser settings. Listed below are those cases in which this Featured Case is cited. I wasnt mad about them flying those flags, Alford said. I forgive you. TORRES v. THE STATE. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. 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. 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. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. AFFIRMED; REMANDED for correction of scrivener's error. Both wept as the sentences were handed % Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. They wept in a Douglas County courtroom as a judge imposed their punishments: Torres, 26, convicted of aggravated assault, making terroristic threats and a violating street-gang statute, received 13 years in prison and another seven on probation; Norton, 25, convicted of making terroristic threats and violating the gang law, will serve 6 years in prison and nine on probation. So your exception is noted and overruled. Salary will be commen Pringle Quinn Anzano, P.C. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. The jurors did not request additional charges or state that they needed any additional information. At issue here is how the trial court handled the request for the "definitions of the charges." 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. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. Torres, 26, and Norton, 25, have three children between them. 0000000729 00000 n 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. WebTORRES v. THE STATE. You have reached your limit of 4 free articles. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! 5 = / q n k p k M. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. The children at the party heard and saw much of the altercation. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. Torres and Norton have three children together, although they are not married. They said, Well blow the heads off all the little b and the little n can get one too., But at Torres and Nortons sentencing, party-goers accepted Nortons apology and offered forgiveness. . The statute at that time contained no misdemeanor provisions. The trial court found that trial counsel was not ineffective in this regard. WebTORRES v. The STATE. (WXIA), More people plead guilty to the crime and are serving lighter sentences. /Size 65 Id. 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. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). Court of Appeals of Georgia.https://leagle.com/images/logo.png. We disagree. This claim therefore fails. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. Look at Facebook, and Facebook looks back at you (Getty), After Torres and Norton were convicted, the Douglas County District Attorneys office said on its Facebook page that Following a review of over 10,000 pages of Facebook documents, law enforcement was able to locate numerous posts and messages indicating that members of the group were white supremacists who discussed attending KKK rallies, joining Skinheads Nation, and making numerous derogatory remarks about African Americans as a whole.. When Will South Carolina Take Down the Confederate Flag? /T 100459 On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. . << BERGER, WALLIS, and EISNAUGLE, JJ., concur. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. We affirm Torres ' judgment and sentence without further comment but remand for correction of 's. 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