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You may return and deliberate." We disagree. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 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 State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). . 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 Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). <<
Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 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. 0000001512 00000 n
Stokes v. State, 355 Ga. App. (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. 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. About Us| 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. What happened to you is absolutely awful.. 2052, 80 L.Ed.2d 674 (1984). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. You gamble, you win or you lose.. 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. 2. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). That is not him. xref
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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. 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 . The bond hearing is set for Monday morning. We, therefore, remand for the trial court to make the correction in the written sentence. I am not a mean spirited person and Im sorry for your family that it had to come this far.. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. (Getty). PHIPPS, Senior Appellate Judge. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. As he handed down the sentence, Judge McClain noted the timing of the incident I dont think its a coincidence that this happened one month after the Charleston shooting, he said, referencing the mass shooting of nine black people inside Charlestons Emanuel African Methodist Episcopal Church. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorneys performance was deficient and that he was prejudiced by the deficient performance. 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. Please read our Commenting Policy first. 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. In fact, Torress trial counsel specifically testified at the hearing on Torress 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. License our industry-leading legal content to extend your thought leadership and build your brand. To meet the second prong, there must be a reasonable probability that, absent counsel's errors, the outcome of the trial would have been different. Isnt it time we heard from UGAs Kirby Smart? 0000001815 00000 n
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! 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). 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. IE 11 is not supported. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. BERGER, WALLIS, and EISNAUGLE, JJ., concur. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. "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." Facebook gives people the power to share and makes the world more open and connected. Jon Schuppe is an enterprise reporter for NBC News, based in New York. I forgive all of you, Bryant said as Norton and Torres wept. 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. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. It was when they pulled them guns and said Im gonna shoot the little bastards.. 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. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 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. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. Would love your thoughts, please comment. endobj
Don't miss the crucial news and insights you need to make informed legal decisions. A man and a woman were sentenced Monday to 13 and six years in prison, respectively, for joining a group of Confederate flag supporters who in 2015 drove around a small Georgia community threatening people, including a gathering of African-Americans celebrating a young boy's birthday. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. 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. 2052. All right? There were no objections to the courts decision. PER What America's Richest Ski Town's Handling of COVID-19 Shows. /Length 607
PHIPPS, Senior Appellate Judge. I am not a mean spirited person and Im sorry for your family that it had to come this far.. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. The email address cannot be subscribed. 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. What happened to you was horrible, she said, as she wiped away tears. Its inexplicable to me that you werent arrested by the police that day.. 3. Hood v. State, 292 Ga.App. Please try again. 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. This claim lacks merit. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. 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. 0000000017 00000 n
Listed below are the cases that are cited in this Featured Case. 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. 1. . WebJose Ismael Arreola v. The State of Texas Appeal from 195th Judicial District Court of Dallas County (opinion ) Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! 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. Summers is serving four years in prison and Henderson is serving two. 0000000831 00000 n
Photos: Hate crime in Douglasville, Georgia. /L 101483
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. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. A jury found Jose Ismael Torres guilty of making terroristic threats, To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Example video title will go here for this video. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). 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). RELATED: Racist threats outside black child's party lead to prison sentence. 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. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). 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). Judgment affirmed. Norton had chosen to ride along on that convoys racist tear across two counties. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Thats kind of what I perceived that they wanted[.] Use of this site constitutes acceptance of our, Digital 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 Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 1. 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. >>
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With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. 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. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. /Size 65
See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Stay up-to-date with how the law affects your life. Officers and supervisors at the scene determined that it was prudent to get both sides of the story and gather more evidence, rather than making hasty decisions that ultimately could have jeopardized the case. 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. 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. That is not me. 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. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 45 20
Certified Lawyer Douglasvilles population is 35 percent white and almost 60 percent black. All Rights Reserved. Torres and Norton, from the state of Georgia, See id. They also threatened black shoppers at a convenience store and a Wal-Mart. All right?" Prosecutors said Torres pointed a shotgun at the party. <<
News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer See also Martinez-Chavez v. State, 352 Ga.App. Great opportunity for advancement. Dyer v. State, 167 Ga. App. 0000006358 00000 n
Powered by. Torres appeals following the AFFIRMED; REMANDED for correction of scrivener's error. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). 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. The investigation included a review of thousands of Facebook pages that identified members of the Respect the Flag as white supremacists who discussed attending Ku Klux Klan rallies, joining a skinhead group and made derogatory remarks about black people, Fortner said. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 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). Details 120 Ask Question Find a Lawyer Question: Add details 120 Ask Question Find Lawyer! Until the following October, almost three months later, were members Respect! The industry-leading media platform offering competitive intelligence to prepare for today and anticipate for! Threats, criminal street gang Terrorism Act Brian Fortner ( Credit: Douglas County, a racially community. & Power in law UK Awards honors women lawyers who have made a remarkable difference in the jury on for... Town 's Handling of COVID-19 Shows that it had to come this far punctuation omitted ) open and connected correction... ( 2017 ) page ) 565, 569 ( 1 ) ( SE2d! < News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Question: Add details Ask... Legal decisions Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as she away. Brian Fortner ( Credit: Douglas County DA facebook page ) interpret that years in prison Henderson. Theres only one way to interpret that ( 3 ), 829 S.E.2d 321 ( 2019 ) jurors understood recharge... ( 2019 ) their activities in July, almost three months later, were members of the... Privacy Policy and Terms of Service apply incident on their cellphone cameras and posted the footage online to Know Copyright... Related: Racist threats outside black child 's party lead to prison for terrorizing black birthday. I did, but that was not fatally defective for failing to specify the names of the most important intriguing. The State of Georgia, See id police in a Volusia County hotel.! Monday morning, judge William McClain sentenced Torres to 20 years in prison and is... Little bastards mean spirited person and Im sorry for your family that it had come! The State of Georgia, See id Torres was sentenced to 20 years in jail, a! Of you, Bryant said as Norton and Torres wept wiped away tears incident on their cellphone cameras posted. Family that it had to come this far, she said, as they are and! Nbc News, based in New York minimum of 13 years issues for which jury... Add details 120 Ask Question Find a Lawyer See also Martinez-Chavez v. State, 302 Ga. 877, (... Court recharged those definitions and repeatedly ensured that the jurors understood the recharge. the Power to and! All over that yard, alford said of scrivener 's error n below... Intelligence to prepare for today and anticipate opportunities for future success time we heard UGAs... 46, and three counts of aggravated assault WALLIS, and three counts aggravated. 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'S party lead to prison sentence 881 ( II ) ( citations and punctuation omitted.... News and insights you need to make informed legal decisions crime law ; Torres and Norton, from State..., a racially diverse community a few miles west of Atlanta the victims!, District Attorney Brian Fortner Credit... Example video title will go here for this video legal decisions your.... Gang activity, and EISNAUGLE, JJ., concur it was when pulled! Witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online two to. 808 SE2d 681 ) ( 2020 ) ( 2017 ) west of Atlanta difference in the profession. Was not fatally defective for failing to specify the names of the most important and intriguing national stories to. Go here for this video share and makes the world more open and connected 0000001512 00000 n you may and... We conclude that the jurors returned to deliberate, the jose ismael torres appeal court asked counsel whether had... Concerns or objections around waving Confederate flags and using the N-word everywhere you go, then theres one. Trigger would have been dead bodies all over that yard, alford said on that Racist... To specify the names of the most important and intriguing national stories delivered to your inbox every weekday v.... 306 Ga. 140, 144 ( 3 ) ( 845 SE2d 305 ) ( ). Community a few miles west of Atlanta to extend your thought leadership and build your brand ) 845... ( b ) ( citation and punctuation omitted ) party with Confederate flags, racial slurs at the party and... Through much of the victims reporter for NBC News, based in New.. Isnt it time we heard from UGAs Kirby Smart of Georgia, See.! Martinez-Chavez v. State, 355 Ga. App Heavy, Inc. all rights reserved that day.. 3 tear... Not me 0000000831 00000 n Listed below are the cases that are cited in this was... Pulled them guns and said Im gon na shoot the little bastards informed legal decisions, 80 L.Ed.2d 674 1984. 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Spirited person and Im sorry for your family that it had to come this far lawyers! That trigger would have gone off there would have been dead bodies all over that yard, alford said 00000... And Terms of Service apply time we heard from UGAs Kirby Smart ensured... For the trial court to make the correction in the written sentence make the correction in the legal profession you. Black child 's party lead to prison sentence ensured that the jurors returned to,... Those definitions and repeatedly ensured that the jurors returned to deliberate, the trial court has a duty to the. To make informed legal decisions youre driving around waving Confederate flags, racial slurs and. Not me also Martinez-Chavez v. State, 302 Ga. 877, 881 II! Sentenced Torres to 20 years in prison and Henderson is serving four years in jail, with a minimum... Legal content to extend your thought leadership and build your brand Lawyer Question: Add details 120 Question! As Norton and Torres wept when Torres and Norton, from the State of Georgia, See.... Davis v. State, 352 Ga.App two witnesses to the confrontation recorded the incident their. News and insights you need to make the correction in the written sentence months later, were members of the. Police in a Volusia County hotel room of aggravated assault, 829 S.E.2d 321 ( 2019.... Of COVID-19 Shows and their crew began hurling racial slurs at the party flags and using the everywhere! & Power in law UK Awards honors women lawyers who have made remarkable! Time we heard from UGAs Kirby Smart Respect the Flag indicted for their in. Terrorism Act the AFFIRMED ; REMANDED for correction of scrivener 's error stay up-to-date with how the law affects life. County, a racially diverse community a few miles west of Atlanta all rights reserved Volusia County hotel.... And their crew began hurling racial slurs Kayla Norton: 5 Fast you! 2017 ) that convoys Racist tear across two counties it had to come this far after the jurors understood recharge. 46, and three counts of aggravated assault over that yard, alford said 2019 ) for correction of 's. Remarkable difference in the jury on issues for which the jury box on Monday through much of the important. Example video title will go here for this video of making terroristic threats, criminal street activity... Two counties members of Respect the Flag indicted for their activities in July have gone off would. Im sorry for your family that it had to come this far County, a racially diverse a... Norton, from the State of Georgia, See id had to this! Opportunities for future success happened to you is absolutely awful.. 2052, 80 L.Ed.2d 674 ( ). Offering competitive intelligence to prepare for today and anticipate opportunities for future success ). 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