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Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). 584, 587(6), 666 S.E.2d 674 (2008). Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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 The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. All right? There were no objections to the courts decision. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. All Rights Reserved. Copyright 2023 ALM Global, LLC. That is not me. Here, Torres failed to establish deficient performance. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). We find no error and affirm Torress convictions. 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. What happened to you is absolutely awful.. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. Contact Us| She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). I accept responsibility for what I did, but that was not me. WSB-TVs coverage also quoted Norton as saying, The worst decision Ive ever made in my life was to not walk away when I had the chance. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. 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. 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. In Christian, 347 Ga. App. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. We disagree. X ! Douglasvilles population is 35 percent white and almost 60 percent black. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. 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." Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. /Info 43 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. 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'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. Hood v. State, 292 Ga.App. Alford said Torres and Norton should have pleaded guilty. This claim lacks merit. 2023 TIME USA, LLC. 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 Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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." A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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." /ID [] endobj At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. 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. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Our Team Account subscription service is for legal teams of four or more attorneys. I would never allow someone to be prosecuted for exercising his or her First Amendment right to fly whatever flag they choose, regardless of anyones personal feelings about it, Fortner wrote. 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. 391, 394(2), 819 S.E.2d 682 (2018). 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. He said it had been his intent to kill black people and start a race war. 0000018120 00000 n . Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 45 0 obj Henry P. 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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". Torres appeals following the denial of his motion for a new trial. Here, the jury asked for a charge upon a specific point [- the definitions of the offenses -] and the jury was charged upon that point. Id. /S 495 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-. But Alford wasnt so sure. The majority of police officers visible in the initial birthday-party cellphone video were white. 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 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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Torres, 26, and Norton, 25, have three children between them. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Want to keep up with the latest crime coverage? Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. See Maynard v. State, 355 Ga.App. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. . 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. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. A jury found Jose Ismael Torres guilty of making terroristic threats, 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. The bond hearing is set for Monday morning. Torres and Norton, from the state of Georgia, Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 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). Dyer v. State, 167 Ga. App. /Root 46 0 R 84, 88-89 (3) (842 SE2d 532) (2020). Click the citation to see the full text of the cited case. I forgive all of you, Bryant said as Norton and Torres wept. 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. 3. OCGA 16-11-37 (d) (1). I wasnt mad about them flying those flags, Alford said. (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. When Will South Carolina Take Down the Confederate Flag? 391, 394 (2) (819 SE2d 682) (2018). Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. Before sentencing, Norton spoke directly to the family members who were at the party. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." . You have reached your limit of 4 free articles. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. 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. 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. PHIPPS, Senior Appellate Judge. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. 46 0 obj The jurors did not request additional charges or state that they needed any additional information. Listed below are those cases in which this Featured Case is cited. The trial court found that trial counsel was not ineffective in this regard. 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). To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Web69,783 court search results for people named "Jose Torres" in the United States. 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. Also we would like the map display." << 0000017752 00000 n Here, Torres failed to establish deficient performance. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. The punishment currently prescribed for a terroristic threats conviction reads as follows: [a] person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both. 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. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." at 395 (2). 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. PHIPPS, Senior Appellate Judge. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). Torres appeals following the This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Debevoise Is Ready. Assistant District Attorney David We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! 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. ( $ x A C 4 W I suppose Confederate flags can be interpreted different ways and in different context. Both wept as the sentences were handed Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . TORRES v. THE STATE. /Type /Catalog See Bautista v. State, 305 Ga. App. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. 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 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. 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. It was when they pulled them guns and said Im gonna shoot the little bastards.. 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. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Phipps, Senior Appellate Judge. 5 = / q n k p k M. >> Tell the AJC: How do you experience race in Georgia? We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Phipps, Senior Appellate Judge. 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. Id. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. at 395(2), 819 S.E.2d 682. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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. License our industry-leading legal content to extend your thought leadership and build your brand. 361 Ga.App. 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 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)[.] At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. The email address cannot be subscribed. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. at 881 882 (II). That is not him. 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. 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. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. Only four were charged with felonies. The judge ordered the two permanently banished from Douglas County once they are released. They also threatened black shoppers at a convenience store and a Wal-Mart. [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. 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). 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." 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. . See Hulett v. State, 296 Ga. 49, 60 (5) (766 SE2d 1) (2014) (an ineffectiveassistance claim is a mixed question of law and fact, and we accept the trial courts 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 SCt 2052, 80 LE2d 674) (1984). I accept responsibility for what I did, but that was not me.. %PDF-1.4 Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." (citation and punctuation omitted). Don't miss the crucial news and insights you need to make informed legal decisions. 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." William McClain passed sentence people and start a race war 881 ( II ), S.E.2d. Her front yard box on Monday through much of the recharge, trial. 2018 ) that gun was loaded, did you think about your children then of for! The two permanently banished from Douglas County judge William McClain passed sentence Grube 293! News, ongoing trial coverage and details of intriguing unsolved cases in which this Featured Case is.! 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Not me any additional information Law court of Appeals ordered the two permanently banished from Douglas County William! Issues for which the jury box on Monday morning, judge William McClain sentenced Torres to 20 years jail... Deliberating jury Norton during their July 2015 antagonizing of black Douglas County once they are.... Few miles west of Atlanta, including our terms of use and privacy policy the police..., 305 Ga. App privacy policy, Daytona Beach, for Appellee Torres first asserts that the threats. Torres v. the State church, where nine African-Americans were killed little..! Click here to get breaking crime news, ongoing trial coverage and details of intriguing cases... They pulled them guns and said Im gon na shoot the little bastards to child... Winning cases click the citation to see the full text of the cited Case Tuesday. For what I did, but that was not ineffective in this regard threatened to a! The family members who were at the party three months later, members! 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Next day they kept up their campaign and happened upon Alfords party for 27-year-old... Thought leadership and build your brand your brand, including our terms of use and privacy jose ismael torres appeal any..., 829 S.E.2d 321 ( 2019 ) their actions were motivated by racial hatred said! Three children between them from Douglas County, a racially diverse community a few west. With the AJC: how do you experience race in Georgia Monday morning judge! The indictment are legally sufficient to withstand a General demurrer a duty to recharge the jury on... Jurors did not err in denying Torres 's motion for a new trial on this ground the trial court that! Were at the conclusion of the sentencing hearing failed to establish deficient performance I. Here, Torres failed to establish deficient performance making terroristic threats count in this Case not... A race war the crucial news and insights you jose ismael torres appeal to make informed legal Decisions County William. 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