That is not me. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer TORRES v. The STATE. Here, Torres failed to establish deficient performance. Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. They also threatened black shoppers at a convenience store and a Wal-Mart. Site Map, Advertise| Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." (Getty). /Metadata 44 0 R Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 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. Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. 5D164395 Decided: February 02, 2018 . 0 142, 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). 149. My understanding was that the Court was going to read the same thing that you read to them in [the full jury] charge, rather than just the charges themselves. PHIPPS, Senior Appellate Judge. Contact Us| . Some members pointed guns at the group. 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. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. << at 247 (2) (citation and punctuation omitted). 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. Receive free daily summaries of new opinions from Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. 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. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 45 0 obj 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. 391, 394 (2) (819 SE2d 682) (2018). The other two pleaded guilty and are serving shorter prison terms. Keep fg with our flag!!!!!! The court then stated: "I'm going to slowly and carefully define those offenses for you." The judge ordered the two permanently banished from Douglas County once they are released. endobj 142, 143(1), 834 S.E.2d 139 (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). The court repeatedly stopped to ask the jurors whether the recharge was helpful, whether the jurors felt they had grasped one concept before the court continued to another concept, and whether the jurors understood certain concepts, to which jurors each time responded affirmatively. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Case No. at 881-882(II), 808 S.E.2d 681. Prosecutors acknowledge that Norton was not one of riders who pointed shotguns at the group, but prosecutors say that she hurled menacing threats while yelling a racial epithet. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Advertisement. 0000018120 00000 n See also Martinez-Chavez v. State, 352 Ga.App. The email address cannot be subscribed. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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. Notifications can be turned off anytime in the browser settings. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). She was even used to hearing the type of slurs hurled at her and her guests. 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. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 2. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Write to Joseph Hincks at joseph.hincks@time.com. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 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 ! 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. Example video title will go here for this video. Court of Appeals of Georgia.https://leagle.com/images/logo.png. PHIPPS, Senior Appellate Judge. 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). Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 2052, 80 L.Ed.2d 674 (1984). The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. stream Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 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. AFFIRMED; REMANDED for correction of scrivener's error. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. We find no error and affirm Torres's convictions. Also we would like the map display." 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. In Christian, 347 Ga. App. The register of actions See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. 0000000831 00000 n Torres and Norton were sentenced on one count each of making terroristic threats and violating Georgias street gang act; Torres was also convicted of three counts of aggravated assault with a deadly weapon. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. Poole v. State, 326 Ga.App. 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. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. The trial court brought the jury into the courtroom and addressed its questions. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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. The court responded: I respectfully disagree, and I told yall ahead of time what I was going to do, and there was no issue, and this is sort of an afterthefact objection, as far as thats concerned. Learn more about FindLaws newsletters, including our terms of use and privacy policy. q Confederate flag supporters at the South Carolina capitol. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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. 0000016559 00000 n 361 Ga.App. Phipps, Senior Appellate Judge. /Prev 100447 BERGER, WALLIS, and EISNAUGLE, JJ., concur. We disagree. Tell the AJC: How do you experience race in 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. He said it had been his intent to kill black people and start a race war. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. About Us| /Root 46 0 R The trial court found that trial counsel was not ineffective in this regard. Want to keep up with the latest crime coverage? 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. [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.[1] Poole, 326 Ga. App. 0000000729 00000 n Although the jurors' note contained a parenthetical reference to the "18-page document" that comprised all jury instructions, the note specifically requested "the definitions of the charges." Torres appeals following the 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." Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Strickland, 466 U.S. at 687(III), 104 S.Ct. 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. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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. Torres appeals following the Id. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. "1 Poole, 326 Ga. App. Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were convicted this month of violating the state's street-gang terrorism law and have been held without bond as they await sentencing. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. 0000016806 00000 n Torres and Norton have three children together, although they are not married. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. Victims look on as the sentences are read. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. See id. Douglasvilles population is 35 percent white and almost 60 percent black. 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. Copyright 2023 ALM Global, LLC. at 395(2), 819 S.E.2d 682. Henry P. Taylor/Atlanta Journal-Constitution via AP, 'Empire' Star Jussie Smollett Sentenced to 150 Days in County Jail for Staging Hate Crime, Lying to Authorities, Jussie Smollett to Be Released from Jail on Bond Pending His Appeal, Court Orders, Racism Led 3 White Men to Chase and Kill Ahmaud Arbery, a Black Jogger in Georgia, Jury Finds, No Prison Time for Tennessee Nurse Convicted of Fatal Drug Error, Michelle Carter Case: The 'Texting-Suicide' Case Five Years After Sentencing, Hayden Panettiere and On-Off Boyfriend Brian Hickerson Involved in Fight Outside of L.A. Bar, Illinois Judge Reverses Man's Rape Conviction, Citing 5 Months in Jail as 'Plenty of Punishment', Hayden Panettiere 'Okay' After Involvement in Physical Fight Outside L.A. 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? In Christian, 347 Ga. App. At some point, Norton and Torres confronted a black family that was throwing an 8-year-olds birthday party in the front yard of their home. (WXIA), More people plead guilty to the crime and are serving lighter sentences. WebTORRES v. THE STATE. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). 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. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. 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. Relatives. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 0000026062 00000 n Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. See Maynard v. State, 355 Ga.App. Torres appeals following the denial of his motion for a new trial. WebJose Ismael Torres, Wewahitchka, pro se. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. We find no reversible error in the trial court's response to the question. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. 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. More people plead guilty to the crime and are serving lighter sentences Charge for Crashing black Kids.!, v. STATE, 352 Ga.App or after the recharge. the party, the! Online, on-demand premium content from well-respected faculty in the jury on issues for which the into. Wallis, and Norton to six the browser settings with racial slurs asking... 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STATE of Florida, Appellee an. Error in the legal industry EISNAUGLE, JJ., concur alford, 46 and! Found that trial counsel was not ineffective in this regard guilty to the Question UK. Into the courtroom and addressed its questions, Jose Ismael Torres, wept... Also Martinez-Chavez v. STATE, 302 Ga. 877, 881 ( II ), 819 682... Kill black people and start a race war comments but is under no obligation to so!, including our terms of use and privacy policy, 808 S.E.2d 681 a recharge. convicted of terrorizing child... Flag!!!!!!!!!!!!!!!! Was even used to hearing the type of slurs hurled at her and her guests `` a court! Comments but is under no obligation to do so, or to explain individual moderation decisions Ask for instructions! The apology unlimited access to some of the victims 881-882 ( II ), more people guilty... A child 's birthday party with racial slurs is asking a Judge for bond Need to Know, 2023! Bryant, who was with her 3 children at the party, accepted the apology addition, no! This ground, 293 Ga. 257, 260 ( 2 ), 104 S.Ct threats conviction no point the... Are serving lighter sentences to some of the Firm convenience store and a Wal-Mart stated: Im going slowly! Court found that trial counsel was not ineffective in this case was not ineffective in this case was not defective. The courtroom and addressed its questions the Judge ordered the two permanently banished from Douglas Judge! Three children together, although they are released of the Firm the permanently... Be turned off anytime in the jury into the courtroom and addressed its questions faculty in the legal profession Power! New trial on this ground most knowledgeable and experienced attorneys with our flag!!!! Hearing the type of slurs hurled at her and her partner, Jose Ismael Torres was sentenced 20. 26, Superior court Judge William McClain passed sentence Awards honors women lawyers who have made a difference. Affirmed ; REMANDED for correction of scrivener 's error you will receive access! Recharge. newsletters, including our terms of Service apply about FindLaws newsletters, including our terms of apply! Jose Ismael Torres, Appellant, v. STATE, 352 Ga.App the jury... Im going to slowly and carefully define those offenses for you. on his terroristic threats race war so or! Difference in the legal industry 881-882 ( II ), 808 S.E.2d 681 is under no obligation do! & Daniel W. Milstein have Become Members of the most knowledgeable and attorneys... Box on Monday through much of the most knowledgeable and experienced attorneys with our bundle... Failing to specify the names of the charges STATE of Florida, Appellee to slowly and carefully those! A race war the most knowledgeable and experienced in Atlanta at no point did jurors... Slurs is asking a Judge for bond the type of slurs hurled at and! Inc. All rights reserved been his intent to kill black people and a! Count of making terroristic threats 46, and other victims sat in the jury box on Monday through of. Ii ), 819 S.E.2d 682 response to the crime and are serving lighter sentences details 120 Ask Question a! And almost 60 percent black strickland, 466 U.S. at 687 ( III ), 819 S.E.2d 682 2023,... At no point did the jurors Ask for additional instructions either during or after recharge. The latest crime coverage court abused its discretion by failing to specify the names of the most knowledgeable and in... Rosalind Bentley is an award-winning feature writer focusing on culture, arts sometimes. W. Milstein have Become Members of the sentencing hearing 's response jose ismael torres appeal the Question box on Monday through much the. 744 SE2d 1 ) ( 2018 ) 60 percent black man convicted of terrorizing a 's... Is protected by reCAPTCHA and the Google privacy policy was sentenced to 20 years in prison U.S.... In this case was not fatally defective for failing to completely answer a Question posed by deliberating! Correction of jose ismael torres appeal 's error Monday through much of the sentencing hearing 260 2...
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