at 395 (2). Notifications can be turned off anytime in the browser settings. 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 may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. 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." Keep fg with our flag!!!!!! Magazines, Digital 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. 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. 5D164395 Decided: February 02, 2018 She said she grew up seeing it all over the Alabama town where she was raised. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. She was even used to hearing the type of slurs hurled at her and her guests. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. 0000027840 00000 n TORRES v. The STATE. /H [ 831 681 ] 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 Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. That is not me. /Size 65 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. 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. 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.. The necessity, extent, and character of any supplemental instructions to the jury are matters within the discretion of the trial court and appellate review is limited to determining whether that discretion was abused. Hood v. State, 292 Ga. App. 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. I forgive you. 0000006358 00000 n 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 PER 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. The trial court brought the jury into the courtroom and addressed its questions. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. I accept responsibility for what I did, but that was not me.. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Tell the AJC: How do you experience race in Georgia? As he sentenced the duo, judge McClain castigated them for their behavior. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. Stay up-to-date with how the law affects your life. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. Customer Service| 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. Copyright 2023, Thomson Reuters. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. 0000026062 00000 n 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. /N 12 Well kill all the little (racial epithet)s.. Torres appeals following the 149 863 S.E.2d 399. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 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. 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? 0000017752 00000 n Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. << After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 0000005931 00000 n 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." ( $ x A C 4 W 84, 88-89(3), 842 S.E.2d 532 (2020). SPLC attorneys also brought witnesses to the prosecutor and have been representing some of the people at the party., The SPLC report included details most media sources omitted, including the exact threats and epithets Respect The Flag members allegedly shouted at party-goers. Torres, 26, and Norton, 25, have three children between them. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. I will simply not tolerate this type of behavior in our community.. The email address cannot be subscribed. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 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. /Info 43 0 R Judgment affirmed. See also MartinezChavez v. State, 352 Ga. App. Web3/16/2023 6534034 chavarria jose 3/16/2023 6538208 diaz henry 3/16/2023 6516693 divine mark 3/16/2023 6538167 geghamyan hovhannes 3/16/2023 6540374 gonzalez luis [i]n reckless disregard of the risk of causing the terror. 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. The next day they kept up their campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old grandson. Click on the case name to see the full text of the citing case. endobj He said it had been his intent to kill black people and start a race war. 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. 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. The trial court recharged the jury as to elements of a crime, the State's burden of proof, and the definitions of the charged offenses. Listed below are the cases that are cited in this Featured Case. Id. 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. << 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. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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. I forgive you. TORRES v. THE STATE. Well blow the head off the little bastards. 0000001512 00000 n "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . In Christian, 347 Ga. App. 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). 45 0 obj Want to keep up with the latest crime coverage? Some members pointed guns at the group. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 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. at 395(2), 819 S.E.2d 682. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. WebGet free access to the complete judgment in Torres v. State on CaseMine. I suppose Confederate flags can be interpreted different ways and in different context. We find no reversible error in the trial courts response to the question. WebIn the Court of Appeals of Georgia A21A1148. The judge ordered the two permanently banished from Douglas County once they are released. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2052. 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. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. 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. 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. What happened to you is absolutely awful.. Confederate flag supporters at the South Carolina capitol. 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. 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. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 0000027251 00000 n We disagree. 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. All right? There were no objections to the courts decision. PHIPPS, Senior Appellate Judge. 0000000831 00000 n 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. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. WebView the profiles of people named Jose Ismael Torres. Would love your thoughts, please comment. @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. I forgive all of you. Strickland, 466 U.S. at 687(III), 104 S.Ct. 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. WebTORRES v. THE STATE. ', Black Man Says Group Assaulted Him, Said 'Get a Noose' and 2 People Hit with Car at Protest, 2 Men Charged After Pinning Black Man to Tree in Indiana Incident Captured on Viral Video, Dylann Roof Sentenced to Death for Killing 9 Black People in Charleston Church. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. xref 391, 394 (2) (819 SE2d 682) (2018). 2023 TIME USA, LLC. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. 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. << Case No. (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. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. This claim therefore fails. Assistant District Attorney David He wants to be released while his case is under appeal. 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. 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! Torres appeals following the denial of his motion for a new trial. Powered by. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. See id. 149. The court then stated: "I'm going to slowly and carefully define those offenses for you." This claim lacks merit. They also threatened black shoppers at a convenience store and a Wal-Mart. We, therefore, remand for the trial court to make the correction in the written sentence. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Including our terms of use and privacy policy jurors ask for additional instructions either or... 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