They used racial slurs and threatened to kill some of the party goers. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. After Torres and Nortons sentencing, Douglasville police defended their delayed response in a statement saying that Because of the seriousness of this case to our community, we wanted to get this case right the first time. Victims look on as the sentences are read. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 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. We disagree. Torres appeals following the q A jury found Jose Ismael Torres guilty of making terroristic threats, Tell the AJC: How do you experience race in Georgia? 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. This claim therefore fails.4. 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. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Assistant District Attorney David Some members pointed guns at the group. /Prev 100447 Use of this site constitutes acceptance of our, Digital Henry P. 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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? 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 /Size 65 At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. Jose Torres, Phillip Torres, Robert Torres. 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. 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. [c]ommit any crime of violence . 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. . He said it had been his intent to kill black people and start a race war. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Before sentencing, Norton spoke directly to the family members who were at the party. 1. 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. 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. 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. 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). To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. [4] 3. 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. 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. 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. Isnt it time we heard from UGAs Kirby Smart? After their release, the two are permanently banned from Douglas County. PHIPPS, Senior Appellate Judge. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. Judgment affirmed. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. Several of them were brandishing guns. Terms of Service. Tell the AJC: How do you experience race in Georgia? It was when they pulled them guns and said Im gonna shoot the little bastards.. Salary will be commen Pringle Quinn Anzano, P.C. 0000017752 00000 n A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. This claim lacks merit. at 247 (2) (citation and punctuation omitted). 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. 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. 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). (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. endobj Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Confederate flag supporters at the South Carolina capitol. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 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. 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. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 584, 587(6), 666 S.E.2d 674 (2008). That is not me. She doesnt buy that argument. /N 12 When Will South Carolina Take Down the Confederate Flag? 210, 213(2), 699 S.E.2d 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). You have reached your limit of 4 free articles. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 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. /E 46291 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. . 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. 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." 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. << Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 0000027840 00000 n 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. 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. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 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. They were found guilty earlier this month. Here, Torres failed to establish deficient performance. 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! 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. He wants to be released while his case is under appeal. 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. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. 621, 627 (2) (760 SE2d 630) (2014) (counsels performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). 5D164395 Decided: February 02, 2018 Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. We disagree. Pick up PEOPLEs special edition True Crime Stories: Cases That Shocked America, on sale now, for the latest on Casey Anthony, JonBent Ramsey and more. 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. This claim lacks merit. See also MartinezChavez v. State, 352 Ga. App. The email address cannot be subscribed. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). Magazines, Or create a free account to access more articles, Georgia Pair Sentenced to Prison for Perpetrating Hate Crime at Black Child's Birthday Party. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. "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." 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. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. "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." EpiPens dont work in space? Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 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. 361 Ga.App. Phipps, Senior Appellate Judge. xref Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. . 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. Poole v. State, 326 Ga. App. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. 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. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). However, "it [is] within the court's discretion whether to recharge the jury in full or only upon the point or points requested by the jury." 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. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 0000016806 00000 n Copyright 2023, Thomson Reuters. We find no reversible error in the trial courts response to the question. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Citations are also linked in the body of the Featured Case. /Type /Catalog It is within the courts discretion to recharge the jury in full or only upon the point or points requested. Id. On Monday, Superior Court Judge William McClain, who described the pairs actions as being motivated by racial hatred, sentenced Torres to 20 years, with 13 to serve in prison, and Norton to 15, with six to serve. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Torres appeals following the denial of his motion for a new trial. 0000016559 00000 n 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. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. 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. 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. 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. /Root 46 0 R /O 47 << Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. at 395 (2). A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 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. 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. "[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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. District Court of Appeal of Florida, Fifth District. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Two other people have received prison sentences, while the rest of those involved, about a dozen, did not get prison time but pleaded guilty to misdemeanors or entered pre-trial diversion programs, Fortner said. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. I will simply not tolerate this type of behavior in our community.. 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. 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. That October, after a grand jury handed down indictments, the SPLC took partial credit for this, noting that it turned over videos and other evidence to Douglasville District Attorney Brian K. Fortner. 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. 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. 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. WebTORRES v. The STATE. Example video title will go here for this video. 2. Torress counsel stated: As I understood the question, they were asking about the 18page document. /Linearized 1 PHIPPS, Senior Appellate Judge. Strickland, 466 U.S. at 687 (III). 0000005931 00000 n Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. @FOX5Atlanta pic.twitter.com/Dz2QWT2tBP Portia Bruner (@PortiaFOX5) February 27, 2017 In July 2015, just weeks after the Charleston church massacre, a large group of. At issue here is how the trial court handled the request for the "definitions of the charges." I forgive all of you, Bryant said as Norton and Torres wept. Stokes v. State, 355 Ga. App. I wasnt mad about them flying those flags, Alford said. 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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. >> 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 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. 0000026062 00000 n I suppose Confederate flags can be interpreted different ways and in different context. Alfords sympathy evaporated. According to the witnesses, a few people yelled fk yall ns and shoot em. When someone from the party said, There are kids here, a person from the convoy yelled, Well shoot those bastards, too., The SPLC also reported that after the party (but long before the grand jury indictments), a Respect The Flag sympathizer posted on Facebook that Trust me the last thing you want is a bunch of pissed off rednecks in jacked up trucks and Confederate flags flying to mess up that pretty lawn. Other members of Respect the Flag pleaded guilty and received lesser sentences. License our industry-leading legal content to extend your thought leadership and build your brand. The trial court brought the jury into the courtroom and addressed its questions. 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. Douglas County District Attorney Brian Fortner said in an interview that the prosecution of the attack began with people with less serious involvement, and moved in toward those who drove it. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. 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.. Keep fg with our flag!!!!!! 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. Join Daily Report now! at 394(2), 819 S.E.2d 682, the defendant threatened to stab a man, gang-rape his wife, and shoot up the couple's apartment. 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