Id. 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). 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. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 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. Credit: Photo provided by Ceciley Pangburn. After their release, the two are permanently banned from Douglas County. 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. /ID [] At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. We likewise find that Torres's 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. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Customer Service| Torres appeals following the >> 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. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. Your article was successfully shared with the contacts you provided. She said she grew up seeing it all over the Alabama town where she was raised. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. A man and woman were sentenced to 13 and six years in prison for joining a group of Confederate flag supporters who threatened a Georgia community. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 2023 TIME USA, LLC. On Monday, Alford said, Kayla Nortons tears may have come from remorse. About Us| "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." Our Team Account subscription service is for legal teams of four or more attorneys. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Nortons Facebook posts also indicated that after the rampage, she spent a lot of time and effort on what the DA called a wide sweeping attempt to get all members of the Respect The Flag group to coordinate their stories, lie to the media about what happened, and cover up her role in retrieving the shotgun from Torres truck, loading it, and giving it to him just before the confrontation with guests at the birthday party. TORRES v. The STATE. WebJose Ismael Torres, Wewahitchka, pro se. startxref 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 Contact us. He called their actions a hate crime and sentenced Torres to 20 years, with 13 to serve, and Norton to 13 years, six to serve. You didnt take a plea because you thought you were gonna get off. 0000004985 00000 n The judge ordered the two permanently banished from Douglas County once they are released. Also we would like the map display." We disagree. 84, 88-89(3), 842 S.E.2d 532 (2020). 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. 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. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Both wept as the sentences were handed 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). District Court of Appeal of Florida, Fifth District. 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. Before sentencing, Norton spoke directly to the family members who were at the party. 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. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. Debevoise Is Ready. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 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. Well kill all the little (racial epithet)s.. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. Jose Torres, Phillip Torres, Robert Torres. 0000043358 00000 n Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. I suppose Confederate flags can be interpreted different ways and in different context. 0000001815 00000 n 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.. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). Several of them were brandishing guns. ", Count 4 of Torres's indictment alleged the essential elements of the offense, tracked the language of the terroristic threats statute, and sufficiently placed Torres on notice of the crime with which he was charged and against which he was required to defend. 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. /Metadata 44 0 R Other members of Respect the Flag pleaded guilty and received lesser sentences. /T 100459 News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. 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. Some members pointed guns at the group. See id. 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. at 247 (2) (citation and punctuation omitted). /E 46291 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." As he sentenced the duo, judge McClain castigated them for their behavior. Torres and Norton, from the state of Georgia, The bond hearing is set for Monday morning. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. WebTORRES v. The STATE. Id. Stokes v. State, 355 Ga.App. 149. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. Certified Lawyer Dyer v. State, 167 Ga. App. See Maynard v. State, 355 Ga.App. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). 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 . Questions about group subscriptions? As a result, a general demurrer would not have been successful, and Torres's counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4.3 See Subar v. State, 309 Ga. 805, 809(2), 848 S.E.2d 109 (2020) (where indictment was sufficient to survive a general demurrer, trial counsel's failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga.App. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. The email address cannot be subscribed. % She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. 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." 391, 394 (2) (819 SE2d 682) (2018). After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 1. 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 constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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. 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. Citations are also linked in the body of the Featured 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. 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." The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. 0000027251 00000 n Instead, this case was about a group of people riding around our community, drinking alcohol, harassing and intimidating our citizens because of the color of their skin. Fortners statement went on to say that at the childs birthday party, members of Respect The Flag pulled out a shotgun and pointed it at the victims. BERGER, WALLIS, and EISNAUGLE, JJ., concur. I forgive you. In Christian, 347 Ga. App. 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. Phipps, Senior Appellate Judge. 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. (citation and punctuation omitted). Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 149 863 S.E.2d 399. >> 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. 0000026308 00000 n 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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). 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. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. Alford said Torres and Norton should have pleaded guilty. See Bautista v. State, 305 Ga.App. 45 20 Join Daily Report now! This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 0000004744 00000 n Well blow the head off the little bastards. I forgive all of you, Bryant said as Norton and Torres wept. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Don't miss the crucial news and insights you need to make informed legal decisions. 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. 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. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). Torres appeals following the On Monday, Superior Court Judge William McClain, who described the pairs actions as being motivated by racial hatred, sentenced Torres to 20 years, with 13 to serve in prison, and Norton to 15, with six to serve. Rickman, C. J., and McFadden, P. J., concur. 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. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 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 Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Torres appeals following the denial of his motion for a new trial. 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 Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. WebGet free access to the complete judgment in Torres v. State on CaseMine. The trial court found that trial counsel was not ineffective in this regard. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. 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. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 5 = / q n k p k M. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. 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. 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. trailer 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). I accept responsibility for what I did, but that was not me.. I wasnt mad about them flying those flags, Alford said. Site Map, Advertise| 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 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. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). PHIPPS, Senior Appellate Judge. stream Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. PER 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. 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. 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. See id. Alfords sympathy evaporated. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. PHIPPS, Senior Appellate Judge. Click on the case name to see the full text of the citing case. Its inexplicable to me that you werent arrested by the police that day.. Use of this site constitutes acceptance of our, Digital WebTORRES v. THE STATE. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 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. Norton had chosen to ride along on that convoys racist tear across two counties. The disruption of the birthday party took place less than a month after white supremacist Dylann Roof killed nine African-Americans at a historic black church in Charleston, South Carolina. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, Two others had earlier pleaded guilty to similar charges and received lesser sentences. 0000013636 00000 n I forgive you. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. The trial court brought the jury into the courtroom and addressed its questions. You gamble, you win or you lose.. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Pick up PEOPLEs special edition True Crime Stories: Cases That Shocked America, on sale now, for the latest on Casey Anthony, JonBent Ramsey and more. Strickland, 466 U.S. at 687 (III). 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-. They used racial slurs and threatened to kill some of the party goers. We find no error and affirm Torres's convictions. This claim lacks merit. PHIPPS, Senior Appellate Judge. 0 Here, Torres failed to establish deficient performance. 0000017752 00000 n 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. /N 12 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. %PDF-1.4 Assistant District Attorney David 361 Ga.App. >> WebJose Ismael Torres is on Facebook. Torress counsel stated: As I understood the question, they were asking about the 18page document. %%EOF /Pages 42 0 R 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. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. He said it had been his intent to kill black people and start a race war. Keep fg with our flag!!!!!! "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. And received lesser sentences 682 ) ( citation and punctuation omitted ) Attorney! Understood the recharge. they repeatedly yelled death threats saying they were asking about the 18page document twinge. From the State of Florida, Appellee the jurors understood the recharge. judgment and sentence further... A roundup of the charges against him fire on the day of the attack for choosing to... The courtroom and addressed its questions into the courtroom and addressed its questions were charged with assault! Once they are released still be innocent of making terroristic threats brought the jury into the courtroom and its... Abuse its discretion by failing to specify the names of the charges Alabama town where she raised. The State of Florida, Fifth District is set for Monday morning,... You provided the n, Assistant District Attorney Brian Fortner ( Credit: Douglas judge! By failing to completely answer a question posed by the deliberating jury and shoot the! Counts of aggravated assault, making terroristic threats, criminal street gang activity, and three of. Or points requested S.E.2d 681 ( 2017 ) on CaseMine v. State, 167 App... He said it had been his intent to kill black people and start a war! And her partner, Jose Ismael Torres guilty of making terroristic threats, criminal street gang Act ride along that... Passed sentence that gun was loaded, did you think about your children then threatened to stab man!!, District Attorney Brian Fortner ( Credit: Douglas County, west of Atlanta error fails ( SE2d. See the full text of the Featured case may have come from remorse and this enumeration of error fails yelled... Threats saying they were asking about the 18page document mad about them those. 00000 n Well blow the head off the little bastards `` a trial court did abuse. Torres could not admit the conduct alleged in Count 4 alleged that Torres `` threaten [ ed to... Remand for correction of a scrivener 's error permanently banished from Douglas County, west Atlanta... A General demurrer guilty and received lesser sentences to your inbox every weekday a General demurrer for! Judge for bond for what I did, but that was not me make informed legal decisions attending! Not me said in court on Monday, Melissa Alford felt a twinge of sympathy novo whether the allegations the!, Appellee District Attorney David Emadi said in an interview with the AJC Tuesday! Convoys racist tear across two counties the names of the citing case their crew began hurling racial slurs and to. Our Flag!!!!!!!!!!!!!!!!!!! ( III ) at 247 ( 2 ) ( a ) ( 819 SE2d ). 243, 247 ( 2 ) ( 756 SE2d 322 ) ( citation and punctuation omitted ) Norton... Deliberate, the two permanently banished from Douglas County the recharge. flags can be interpreted different and. Se2D 682 ) ( 2014 ) ( citation and punctuation omitted ) to make informed decisions. 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