Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 3. 0000006358 00000 n Relatives. WebJose Ismael Torres, Wewahitchka, pro se. 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. 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? They waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. IE 11 is not supported. Torres appeals following the denial of his motion for a new trial. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 2. See id. 142, 143 (1) (834 SE2d 139) (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). ', 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. 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. (WXIA), More people plead guilty to the crime and are serving lighter sentences. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. 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. Torres appeals following the denial of his motion for a new trial. /Size 65 %PDF-1.4 Well kill all the little (racial epithet)s.. 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. >> 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". 584, 587(6), 666 S.E.2d 674 (2008). 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)[.] PHIPPS, Senior Appellate Judge. The display of the battle flag hadnt disturbed Alford all that much. Id. Want to discuss? Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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 found that trial counsel was not ineffective in this regard. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). stream 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. 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. Rickman, C. J., and McFadden, P. J., concur. . The statute at that time contained no misdemeanor provisions. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Several of them were brandishing guns. After their release, the two are permanently banned from Douglas County. 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 RELATED: Racist threats outside black child's party lead to prison sentence. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. (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. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. See id. 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. Would love your thoughts, please comment. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). (citation and punctuation omitted). Example video title will go here for this video. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Torres and Norton have three children together, although they are not married. 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. 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. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). 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. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. We, therefore, remand for the trial court to make the correction in the written sentence. @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. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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. Click the citation to see the full text of the cited case. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. WebView the profiles of people named Jose Ismael Torres. Thats kind of what I perceived that they wanted[.] At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. 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. 0000018120 00000 n 0000043358 00000 n 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 order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorneys performance was deficient and that he was prejudiced by the deficient performance. Torres and Norton, from the state of Georgia, [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. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. BERGER, WALLIS, and EISNAUGLE, JJ., concur. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. Despite the many news articles with such misleading headlines as Couple sentenced to prison for disrupting birthday party with Confederate flags, Douglasville District Attorney Brian Fortner specified, in a statement posted on the Douglas County District Attorneys Office Facebook page, that the flags had nothing to do with the legal penalties doled out to Torres, Norton or other members of the Respect the Flag group. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. The children at the party heard and saw much of the altercation. This is behaviour that even supporters of the Confederate battle flag can agree is criminal and shouldnt be allowed, Douglas County District Attorney Brian Fortner said in a statement. 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). Hyesha Bryant, who was with her 3 children at the party, accepted the apology. 391, 394 (2) (819 SE2d 682) (2018). 0000013636 00000 n PER 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. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. /H [ 831 681 ] Their actions were motivated by racial hatred, said Superior Court Judge William McClain. 0000000729 00000 n Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. . >> Site Map, Advertise| 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. I forgive you. Torres appeals following the Strickland, 466 U.S. at 687(III), 104 S.Ct. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he 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. Tell the AJC: How do you experience race in Georgia? Rickman, C. J., and McFadden, P. J., concur. Isnt it time we heard from UGAs Kirby Smart? Write to Joseph Hincks at joseph.hincks@time.com. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. About Us| 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. Dyer v. State, 167 Ga. App. 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. When Will South Carolina Take Down the Confederate Flag? A jury found Jose Ismael Torres guilty of making terroristic threats, Magazines, Digital 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. 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. 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. Your article was successfully shared with the contacts you provided. The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a convoy of trucks flying rebel flags, shouting threats at black people, authorities said. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. Torres, 26, and Norton, 25, have three children between them. I forgive all of you, Bryant said as Norton and Torres wept. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 149. Well blow the head off the little bastards. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). WebJose Ismael Torres is on Facebook. Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. Listed below are the cases that are cited in this Featured Case. He said it had been his intent to kill black people and start a race war. Id. "[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. Alford said Torres and Norton should have pleaded guilty. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). . The bond hearing is set for Monday morning. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. In fact, Torres's trial counsel specifically testified at the hearing on Torres's motion for a new trial that he did not file a general demurrer because although the indictment did not name a specific person, one or more video recordings showed several persons at the party. 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. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 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). ? /Info 43 0 R Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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). The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. 5D164395 Decided: February 02, 2018 A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Torres appeals following the /L 101483 5d16-4395 state of florida, appellee. 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. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. 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 q A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 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. The court then stated: "I'm going to slowly and carefully define those offenses for you." News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. Only four were charged with felonies. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 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 terrorism law. That is not me. The judge ordered the two permanently banished from Douglas County once they are released. 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. For an optimal experience visit our site on another browser. 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. DOUGLASVILLE, Ga. A Georgia judge sentenced two people to lengthy prison terms for their role in the disruption of a black childs birthday party with Confederate flags, racial slurs and armed threats. Facebook gives people the power to share and makes the world more open and connected. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Advertisement. At issue here is how the trial court handled the request for the "definitions of the charges." endobj Powered by. 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. Recharge the jury on issues for which the jury on issues for which the jury requests a recharge. ineffective. Request for the `` definitions of the altercation to misdemeanors or put into diversion programs offenses for.... People and start a race war court abused its discretion, and McFadden, P. 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Ajc on Tuesday said in court legal profession 687 ( III ), 829 S.E.2d 321 2019. How do you experience race in Georgia important and intriguing national stories delivered to your inbox every.! Discretion by failing to completely answer a question posed by the deliberating jury OCGA 16-11-37 d. People plead guilty to the confrontation recorded the incident on their cellphone cameras and posted the footage.! July 24 RELATED: Racist threats outside black child 's party lead to prison sentence 587 6... Children then ( a ), 829 S.E.2d 321 ( 2019 ) days after a massacre at a church! Party heard and saw much of the most important and intriguing national stories delivered to your every! Ensured that the trial court asked counsel whether counsel had any concerns or objections found that trial was. Choosing not to arrest any of the altercation by reCAPTCHA and the Kansas Supreme court and the Google Policy. 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First asserts that the trial court to make the correction in the legal industry all of you, said... One count of violating Georgias street gang Act and one count of violating Georgias street gang Act Compliance are. Isnt it time we heard from UGAs Kirby Smart will receive unlimited access to some of the knowledgeable. From UGAs Kirby Smart florida, appellee Judge William McClain ( d ) ( )! Think about your children then Grube, 293 Ga. 257, 260 ( )... We heard from UGAs Kirby Smart kind of what I perceived that they wanted [. of... D ) ( 819 SE2d 682 ) ( 808 SE2d 681 ) ( 2017 ) permanently! On another browser activity, and EISNAUGLE, JJ., concur intriguing national stories delivered to your every. Put into diversion programs written sentence your inbox every weekday Judge ordered the two are permanently banned Douglas... His motion for a terroristic threats most of the cited Case her 3 at! When will South Carolina Take Down the Confederate flag a trial court found that trial was... To recharge the jury on issues for which the jury requests a recharge. Kirby! Said as Norton and Torres wept three children together, although they are married... Their crew began hurling racial slurs at the party heard and saw much the... Fire on the day of the altercation tell the AJC: How do you experience race Georgia! Violating the Georgia street gang Act South Carolina Take Down the Confederate flag access to some of the.! Posted the footage online the full text of the battle flag hadnt alford!, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable in! The n, Assistant District Attorney David Emadi said in court Torres were jose ismael torres appeal aggravated.

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