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. Assistant District Attorney David 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. %
She doesnt buy that argument. 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. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Facebook gives people the power to share and makes the world more open and connected. Victims look on as the sentences are read. The display of the battle flag hadnt disturbed Alford all that much. Two others had earlier pleaded guilty to similar charges and received lesser sentences. 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. 5d16-4395 state of florida, appellee. 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. 0000000831 00000 n
Jose Ismael Torres and Kayla Rae Norton Douglas County Sheriff's Office The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a Instead, this case was about a group of people riding around our community, drinking alcohol, harassing and intimidating our citizens because of the color of their skin. Fortners statement went on to say that at the childs birthday party, members of Respect The Flag pulled out a shotgun and pointed it at the victims. Id. We find no error and affirm Torress convictions. 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. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. 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. 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. at 248(2)(a), 756 S.E.2d 322 (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). ? After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. He said it had been his intent to kill black people and start a race war. This claim therefore fails. ( $ x A
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W The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Contact an Account Specialist [emailprotected] | +1-855-808-4530 (Americas) | +44(0) 800 098 86009 (UK & Europe), Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, Early Reports: 2023 Am Law 200 Financials, Proskauer Lands Cooley Strategy Leader in New C-Suite Role, AI Has Gone Mainstream. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. 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." Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. But Alford wasnt so sure. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Addressing several of the victims who had come to court to witness the sentencing, Norton expressed remorse, saying: I do accept responsibility for what Ive done. 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. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. (citation and punctuation omitted). However, it [is] within the courts discretion whether to recharge the jury in full or only upon the point or points requested by the jury. Barnes v. State, 305 Ga. 18, 23 (3) (823 SE2d 302) (2019) (citation and punctuation omitted). The trial court found that trial counsel was not ineffective in this regard. 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 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. She was even used to hearing the type of slurs hurled at her and her guests. 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. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. Summers is serving four years in prison and Henderson is serving two. (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. You have reached your limit of 4 free articles. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. Prosecutors say that Norton and Torres started using menacing language. 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). /L 101483
584, 587(6), 666 S.E.2d 674 (2008). The jurors did not request additional charges or state that they needed any additional information. Here, Torres failed to establish deficient performance. Torres, 26, and Norton, 25, have three children between them. Would love your thoughts, please comment. Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a 149 863 S.E.2d 399. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. 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. 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. 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. 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. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. Write to Joseph Hincks at joseph.hincks@time.com. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer 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. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. BERGER, WALLIS, and EISNAUGLE, JJ., concur. 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. District Court of Appeal of Florida, Fifth District. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. See also Martinez-Chavez v. State, 352 Ga.App. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. I forgive all of you. This claim lacks merit. "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." Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. TORRES v. The STATE. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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. The jurors made reference to an 18page document, and the reason they did was because I told them during the [full jury] charge, this is going to take awhile, this things 18 pages long, but their question was more specifically targeted at definition of the crimes, which is what they asked for and thats what they got, so I dont think Im required to give them more than what they asked for, but if they had asked for what youre asking for, I certainly wouldve given it to them. Phipps, Senior Appellate Judge. Alford said Torres and Norton should have pleaded guilty. Despite the many news articles with such misleading headlines as Couple sentenced to prison for disrupting birthday party with Confederate flags, Douglasville District Attorney Brian Fortner specified, in a statement posted on the Douglas County District Attorneys Office Facebook page, that the flags had nothing to do with the legal penalties doled out to Torres, Norton or other members of the Respect the Flag group. 2052, 80 L.Ed.2d 674 (1984). Well kill all the little (racial epithet)s.. Want to discuss? 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 Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. On Monday, Alford said, Kayla Nortons tears may have come from remorse. It was when they pulled them guns and said Im gonna shoot the little bastards.. at 247 (2) (citation and punctuation omitted). The court then stated: "I'm going to slowly and carefully define those offenses for you." The record here shows that while the jury was deliberating, the jurors sent the following note to the trial court: Your Honor, We would like the definitions of the charges (18 pg document)[.] 0000026062 00000 n
So, why you crying now?. 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). >>
AFFIRMED; REMANDED for correction of scrivener's error. Stokes v. State, 355 Ga.App. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. After their release, the two are permanently banned from Douglas County. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. WebIn the Court of Appeals of Georgia A21A1148. 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. Notifications can be turned off anytime in the browser settings. EpiPens dont work in space? 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. 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. WebJose Ismael Torres is on Facebook. The majority of police officers visible in the initial birthday-party cellphone video were white. 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." The statute at that time contained no misdemeanor provisions. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). I forgive all of you, Bryant said as Norton and Torres wept. Certified Lawyer 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. Strickland, 466 U.S. at 687(III), 104 S.Ct. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. At the sentencing hearing, Assistant DA David Emadi told the judge that They repeatedly yelled death threats saying they were going to killing all the N-. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Terms of Service. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. . 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). at 247(2), 756 S.E.2d 322 (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. 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." 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. Also we would like the map display." (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. 2. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 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. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 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 Web69,783 court search results for people named "Jose Torres" in the United States. 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." Relatives. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. Poole v. State, 326 Ga.App. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. In Christian, 347 Ga. App. We find no error and affirm Torres's convictions. PHIPPS, Senior Appellate Judge. Here, Torres failed to establish deficient performance. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. The register of actions See id. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). Douglasvilles population is 35 percent white and almost 60 percent black. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 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For additional instructions either during or after the recharge, the trial court stated, I... For correction of scrivener 's error a civil litigation firm in the initial birthday-party cellphone video were white > ;... On one Count of making terroristic threats conviction of a group of people! Platform offering competitive intelligence to prepare for today and anticipate opportunities for future success Paulding County the.! Both wept copiously as Douglas County Judge William McClain passed sentence, Fortner said rampage through neighboring Paulding County defendant. Reserves the right to edit or remove comments but is under no obligation to do So, you... Group threatened black motorists and walked up to one of their cars with gun..., on 2015, they began a rampage through neighboring Paulding County WALLIS, and Norton, 25 have! Slurs hurled at her and her partner, jose Ismael Torres was sentenced on Count... Inc. all rights reserved Judge William McClain passed sentence STATE, 306 Ga. 140 144. Not to arrest any of the charges against him Torres v. the STATE Douglas County Appeal of,! No obligation to do So, why you crying now? Ga. 140, 144 ( 3 ) ( SE2d. Gives people the power to share and makes the world more open and connected, Fifth district Beach, Appellee... Decisions 2021 jose Torres v. the STATE, 587 ( 6 ), S.E.2d!