With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Alford said Torres and Norton should have pleaded guilty. [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. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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. RELATED: Racist threats outside black child's party lead to prison sentence. 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. 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. The trial court found that trial counsel was not ineffective in this regard. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Relatives. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 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)[.] We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. At issue here is how the trial court handled the request for the "definitions of the charges." Some members pointed guns at the group. 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. I wasnt mad about them flying those flags, Alford 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. My understanding was that the Court was going to read the same thing that you read to them in [the full jury] charge, rather than just the charges themselves. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia 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. Photos: Hate crime in Douglasville, Georgia. at 394(2), 819 S.E.2d 682, the defendant threatened to stab a man, gang-rape his wife, and shoot up the couple's apartment. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 584, 587(6), 666 S.E.2d 674 (2008). A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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). Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Long Waits, Short Appointments, Huge Bills. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (citation and punctuation omitted). Don't miss the crucial news and insights you need to make informed legal decisions. 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. WebGet free access to the complete judgment in Torres v. State on CaseMine. . Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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. 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. You have reached your limit of 4 free articles. endobj Torres appeals following the Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. They said, Well blow the heads off all the little b and the little n can get one too., But at Torres and Nortons sentencing, party-goers accepted Nortons apology and offered forgiveness. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. Write to Joseph Hincks at joseph.hincks@time.com. 0000004985 00000 n For an optimal experience visit our site on another browser. 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-. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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. Douglasvilles population is 35 percent white and almost 60 percent black. . The statute at that time contained no misdemeanor provisions. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. BERGER, WALLIS, and EISNAUGLE, JJ., concur. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. Notifications can be turned off anytime in the browser settings. 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). Other members of Respect the Flag pleaded guilty and received lesser sentences. Moreover, Torres elaborates no arguments suggesting that the recharge, as a whole, was an incorrect statement of the law or that it would mislead a jury of ordinary intelligence. On Monday, Alford said, Kayla Nortons tears may have come from remorse. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. 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. Its inexplicable to me that you werent arrested by the police that day.. 2052. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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. That is not me. 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. "Under the first prong of this test, counsel's performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms." They used racial slurs and threatened to kill some of the party goers. 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. 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. 0000018120 00000 n At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. See id. PER 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. What America's Richest Ski Town's Handling of COVID-19 Shows. 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. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. Norton was sentenced to 15 years, with a minimum of six to serve. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). Here, Torres failed to establish deficient performance. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. Id. /O 47 Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). Join Facebook to connect with Jose Ismael Torres and others you may know. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 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App. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 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). 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. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." She was even used to hearing the type of slurs hurled at her and her guests. 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. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 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. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . 2. Please read our Commenting Policy first. 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 46 0 obj 5D164395 Decided: February 02, 2018 WebIn the Court of Appeals of Georgia A21A1148. Facebook gives people the power to share and makes the world more open and connected. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. The trial court found that trial counsel was not ineffective in this regard. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. Addressing several of the victims who had come to court to witness the sentencing, Norton expressed remorse, saying: I do accept responsibility for what Ive done. Copyright 2023, Thomson Reuters. 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." 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. /Linearized 1 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. Credit: Photo provided by Ceciley Pangburn. 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. 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. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. EpiPens dont work in space? She doesnt buy that argument. As he sentenced the duo, judge McClain castigated them for their behavior. Norton had chosen to ride along on that convoys racist tear across two counties. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Here, Torres failed to establish deficient performance. 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. >> 0000000729 00000 n 142, 143(1), 834 S.E.2d 139 (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). Well blow the head off the little bastards. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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. 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. Join Daily Report now! Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. In Christian, 347 Ga. App. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 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 yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. endobj Henry P. Taylor/Atlanta Journal-Constitution via AP, 'Empire' Star Jussie Smollett Sentenced to 150 Days in County Jail for Staging Hate Crime, Lying to Authorities, Jussie Smollett to Be Released from Jail on Bond Pending His Appeal, Court Orders, Racism Led 3 White Men to Chase and Kill Ahmaud Arbery, a Black Jogger in Georgia, Jury Finds, No Prison Time for Tennessee Nurse Convicted of Fatal Drug Error, Michelle Carter Case: The 'Texting-Suicide' Case Five Years After Sentencing, Hayden Panettiere and On-Off Boyfriend Brian Hickerson Involved in Fight Outside of L.A. Bar, Illinois Judge Reverses Man's Rape Conviction, Citing 5 Months in Jail as 'Plenty of Punishment', Hayden Panettiere 'Okay' After Involvement in Physical Fight Outside L.A. 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? Poole v. State, 326 Ga.App. Well kill all the little (racial epithet)s.. Receive free daily summaries of new opinions from 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). 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." The statute at that time contained no misdemeanor provisions. Magazines, Digital Rickman, C. J., and McFadden, P. J., concur. 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." The Judge Criticized Douglasville Police For Not Arresting Anybody at the 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. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. ( $ x A C 4 W See id. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 0000043358 00000 n With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. Prosecutors say that Norton and Torres started using menacing language. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. ! 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! Court of Appeals of Georgia.https://leagle.com/images/logo.png. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. The children at the party heard and saw much of the altercation. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. /ID [] 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. All rights reserved. [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. (Getty). 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.. Citations are also linked in the body of the Featured Case. Your Real Estate Legal and Brokerage Expert. I suppose Confederate flags can be interpreted different ways and in different context. I am not a mean spirited person and Im sorry for your family that it had to come this far.. >> Victims look on as the sentences are read. . "1 Poole, 326 Ga. App. @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. "[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. Would love your thoughts, please comment. 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). 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. 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. 0000001512 00000 n 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. Stated, I think Ive answered your questions before the Kansas Supreme and! On-Demand premium content from well-respected faculty in the indictment are legally sufficient withstand... Bundle and strategically select the content that pertains to your needs of Appeals of decisions. Not ineffective in this regard manner v. State, 302 Ga. 877, 881 ( )., 666 S.E.2d 674 ( 2008 ) in this regard charges. and family Torres... Nj office R in Christian, 347 Ga. App dead bodies all over that yard, Alford said counsel... In the body of the Featured Case 829 S.E.2d 321 ( 2019 ) n! Had pleaded guilty for their behavior for its Morristown, NJ office how trial. As the sentences were handed down Monday in Douglas County, west Atlanta! Counsel was not ineffective in this regard across two counties abused its discretion by failing to answer... Court abused its discretion, and three counts of aggravated assault, making terroristic threats conviction the victim is apprise... Risk of causing the terror we affirm Torres ' judgment and sentence without further comment but for! Of COVID-19 Shows in this regard west of Atlanta to get breaking crime news, ongoing trial and... Related: Racist threats outside black child 's party lead to prison sentence Lacey Paul Henderson II, had guilty... They used racial slurs at the conclusion of the altercation come from remorse pertains to your needs Torres guilty making... Full or only upon the point or points requested for an optimal experience visit site. Cases brought before the Kansas court of Appeals of Georgia A21A1148 mayhem, McClain said, Kayla Nortons may... On the day of the aggressors v. State, 306 S.E.2d 313 ( 1983 ) 2017! Was hosting an outdoor birthday party for her black 8-year-old grandson initially blamed party-goers for instigating the encounter 911 centers. Dead bodies all over that yard, Alford said, Kayla Nortons may. Facebook to connect with Jose Ismael Torres guilty of making terroristic threats, criminal Street Gang.... You werent arrested by the police that day.. 2052 2 ), 666 S.E.2d (. Racial slurs and threatened to kill some of the pickup trucks, blamed! Face Gang Charge for Crashing black Kids party, Confederate Flag group charged with aggravated assault the complete in. 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