/Info 43 0 R The children at the party heard and saw much of the altercation. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. Long Waits, Short Appointments, Huge Bills. Great opportunity for advancement. 149 863 S.E.2d 399. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. The bond hearing is set for Monday morning. Torres appeals following the denial of his motion for a new trial. Alfords sympathy evaporated. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). . Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). This claim therefore fails. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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. /Length 607 A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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." 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. So your exception is noted and overruled. Its inexplicable to me that you werent arrested by the police that day.. 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. I think the tears were mainly because they got caught, Alford said. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. /Root 46 0 R Notifications can be turned off anytime in the browser settings. I wasnt mad about them flying those flags, Alford said. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. ! In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer. 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." 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. at 395(2), 819 S.E.2d 682. 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-. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer The display of the battle flag hadnt disturbed Alford all that much. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 0000016559 00000 n Norton was sentenced to 15 years, with a minimum of six to serve. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. Other members of Respect the Flag pleaded guilty and received lesser sentences. Advertisement. Your article was successfully shared with the contacts you provided. 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. Assistant District Attorney David WebIn the Court of Appeals of Georgia A21A1148. Salary will be commen Pringle Quinn Anzano, P.C. Only four were charged with felonies. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. (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. 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. But Alford wasnt so sure. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). The two were found guilty in Confederate flag supporters at the South Carolina capitol. Id. District Court of Appeal of Florida, Fifth District. Isnt it time we heard from UGAs Kirby Smart? PHIPPS, Senior Appellate Judge. stream 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. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Listed below are those cases in which this Featured Case is cited. That is not me. TORRES v. THE STATE. She was even used to hearing the type of slurs hurled at her and her guests. trailer 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. WebGet free access to the complete judgment in Torres v. State on CaseMine. WebJose Ismael Torres, Wewahitchka, pro se. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. 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. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. /Pages 42 0 R We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. 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. This claim lacks merit. xref Tell the AJC: How do you experience race in Georgia? 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). /O 47 We find no error and affirm Torress convictions. According to court testimony, Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were acting as part of a group that called themselves Respect the Flag. On July 24 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. She said she grew up seeing it all over the Alabama town where she was raised. . Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Photos: Hate crime in Douglasville, Georgia. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 0000026308 00000 n 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.. 2. 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. 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). [w]ith the purpose of terrorizing another[,] or . That was not lost on Alford, who works as a childrens mental health advocate. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. 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. Douglasvilles population is 35 percent white and almost 60 percent black. << The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. 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). Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. See also Martinez-Chavez v. State, 352 Ga.App. Here, Torres failed to establish deficient performance. EpiPens dont work in space? 0000018120 00000 n A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 5 = / q n k p k M. 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. 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. 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. Thats kind of what I perceived that they wanted[.] I forgive all of you. Please try again. You have reached your limit of 4 free articles. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. TORRES v. THE STATE. As he sentenced the duo, judge McClain castigated them for their behavior. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 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. 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. 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. She doesnt buy that argument. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 0000016806 00000 n 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. 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