The jurors did not request additional charges or state that they needed any additional information. 361 Ga.App. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 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AFFIRMED; REMANDED for correction of scrivener's error. << "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Torres contends that his trial counsel should have filed a general demuurer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. On Monday, Alford said, Kayla Nortons tears may have come from remorse. 361 Ga.App. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. 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. 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 . 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." EpiPens dont work in space? WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. I forgive all of you, Bryant said as Norton and Torres wept. 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. 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. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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. Torres appeals following the denial of his motion for a new trial. Id. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. The trial court found that trial counsel was not ineffective in this regard. Torres appeals following the . He said it had been his intent to kill black people and start a race war. 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. Tell the AJC: How do you experience race in Georgia? 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). Court of Appeals of Georgia.https://leagle.com/images/logo.png. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." X ! 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. This claim therefore fails. Thats kind of what I perceived that they wanted[.] 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). 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. TORRES v. THE STATE. 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. 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. 584, 587(6), 666 S.E.2d 674 (2008). Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. She doesnt buy that argument. 5D164395 Decided: February 02, 2018 Listed below are the cases that are cited in this Featured Case. 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. 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. 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. Id. In addition, even assuming that the new statutory language applied at the time of Torress sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. Torres also claims in a one-paragraph argument that his five-year sentence on the terroristic threats count is void because Count 4 only charged a misdemeanor, not a felony. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. 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. In Christian, 347 Ga. App. The other two pleaded guilty and are serving shorter prison terms. 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. 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. Stay up-to-date with how the law affects your life. . The statute at that time contained no misdemeanor provisions. Want to keep up with the latest crime coverage? Contact us. This claim therefore fails.4. 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. 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. 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. (citation and punctuation omitted). 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. 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 What America's Richest Ski Town's Handling of COVID-19 Shows. 1. 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. Terms of Service. She said she grew up seeing it all over the Alabama town where she was raised. Click on the case name to see the full text of the citing case. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. We find no error and affirm Torress convictions. They also threatened black shoppers at a convenience store and a Wal-Mart. /S 495 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. 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). 2. << . We disagree. 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. Jose Torres, Phillip Torres, Robert Torres. 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. Example video title will go here for this video. Don't miss the crucial news and insights you need to make informed legal decisions. 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. 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. Tell the AJC: How do you experience race in Georgia? With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. We disagree. 0000001512 00000 n 0000013636 00000 n 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 . If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Both options are priced the same. I wasnt mad about them flying those flags, Alford said. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. BERGER, WALLIS, and EISNAUGLE, JJ., concur. >> 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. trailer The majority of police officers visible in the initial birthday-party cellphone video were white. Long Waits, Short Appointments, Huge Bills. 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Relatives. 2023 TIME USA, LLC. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. The trial court brought the jury into the courtroom and addressed its questions. Two others had earlier pleaded guilty to similar charges and received lesser sentences. Alford said Torres and Norton should have pleaded guilty. Jose Ismael Torres, 26, will spend 13 years in prison and his partner Kayla Rae Norton, 25, is to serve six years for what a judge described as "actions motivated by racial hatred". q Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. (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. 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