The trial court brought the jury into the courtroom and addressed its questions. Terms of Service. 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). << >> "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. 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. ( $ x A C 4 W We find no error and affirm Torress convictions. 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. Judgment affirmed. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). 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. 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. Confederate flag supporters at the South Carolina capitol. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. We, therefore, remand for the trial court to make the correction in the written sentence. Dyer v. State, 167 Ga. App. 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! Write to Joseph Hincks at joseph.hincks@time.com. I think the tears were mainly because they got caught, Alford said. TORRES v. The STATE. /Root 46 0 R /H [ 831 681 ] It was when they pulled them guns and said Im gonna shoot the little bastards.. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. @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. 0000000831 00000 n At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. See id. Poole v. State, 326 Ga.App. (Getty). Torres appeals following the The record here shows that while the jury was deliberating, the jurors sent the following note to the trial court: "Your Honor, We would like the definitions of the charges (18 pg document)[.] endobj "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." That is not me. 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. Would love your thoughts, please comment. 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. Alford said Torres and Norton should have pleaded guilty. As a result, a general demurrer would not have been successful, and Torress counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4. . /N 12 0000004744 00000 n 5 = / q n k p k M. You may return and deliberate." 2. The two were found guilty in Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. Victims react as the sentences are read. /Pages 42 0 R 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. Tell the AJC: How do you experience race in Georgia? 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." 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." Relatives. 0000001512 00000 n /Size 65 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The register of actions (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. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Photos: Hate crime in Douglasville, Georgia. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. [c]ommit any crime of violence . Strickland, 466 U.S. at 687(III), 104 S.Ct. 391, 394 (2) (819 SE2d 682) (2018). This claim lacks merit. at 881-882(II), 808 S.E.2d 681. Well kill all the little (racial epithet)s.. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Debevoise Is Ready. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. You have reached your limit of 4 free articles. 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WebTORRES v. The STATE. 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. So your exception is noted and overruled. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. 0000017752 00000 n But Alford wasnt so sure. See Maynard v. State, 355 Ga.App. Stokes v. State, 355 Ga.App. 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. 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 constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. stream A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. 361 Ga.App. See id. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. She doesnt buy that argument. /O 47 We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 584, 587(6), 666 S.E.2d 674 (2008). Stay up-to-date with how the law affects your life. 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. 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. That is not him. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. After their release, the two are permanently banned from Douglas County. BERGER, WALLIS, and EISNAUGLE, JJ., concur. 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. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Torres appeals following the denial of his motion for a new trial. Torres appeals following the denial of his motion for a new trial. District Court of Appeal of Florida, Fifth District. Isnt it time we heard from UGAs Kirby Smart? 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. We find no error and affirm Torres's convictions. Court of Appeals of Georgia.https://leagle.com/images/logo.png. Id. Rickman, C. J., and McFadden, P. J., concur. OCGA 16-11-37 (d) (1). Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. /Metadata 44 0 R 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. 84, 88-89 (3) (842 SE2d 532) (2020). This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. For an optimal experience visit our site on another browser. 0000001815 00000 n Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a 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. 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 Contact us. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. q The majority of police officers visible in the initial birthday-party cellphone video were white. [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.[1] Poole, 326 Ga. App. 84, 88-89(3), 842 S.E.2d 532 (2020). PHIPPS, Senior Appellate Judge. 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. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. 46 0 obj See Maynard v. State, 355 Ga. App. Certified Lawyer Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 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). 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. Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. Notifications can be turned off anytime in the browser settings. 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 I wasnt mad about them flying those flags, Alford said. A jury found Jose Ismael Torres guilty of making terroristic threats, at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). 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). 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. 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. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). When Will South Carolina Take Down the Confederate Flag? at 881 882 (II). But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. 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. Use of this site constitutes acceptance of our, Digital Join Facebook to connect with Jose Ismael Torres and others you may know. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. 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. 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. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. Torres appeals following the You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. (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. Norton was sentenced to 15 years, with a minimum of six to serve. 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. 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. Our Team Account subscription service is for legal teams of four or more attorneys. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. 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. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. 149 863 S.E.2d 399. We likewise find that Torress 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. 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 . Both wept as the sentences were handed 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. Both options are priced the same. << 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." %%EOF 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. $ x a C 4 W we find no error and affirm Torress convictions to the. 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