Here, Torres failed to establish deficient performance. 0000016806 00000 n 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. 584, 587 (6) (666 SE2d 674) (2008). (citation and punctuation omitted). After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. You didnt take a plea because you thought you were gonna get off. Alfords sympathy evaporated. 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. In Christian, 347 Ga. App. 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). The trial court found that trial counsel was not ineffective in this regard. As a result, a general demurrer would not have been successful, and Torress counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4. Torres appeals following the 0000004744 00000 n << At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. TORRES v. The STATE. 0000026308 00000 n RELATED: Racist threats outside black child's party lead to prison sentence. >> 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. Torres appeals following the denial of his motion for a new trial. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 584, 587(6), 666 S.E.2d 674 (2008). Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. [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. In addition, even assuming that the new statutory language applied at the time of Torres's sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. 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). Relatives. 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-. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. 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). Write to Joseph Hincks at joseph.hincks@time.com. 0000004985 00000 n You gamble, you win or you lose.. ? 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 See Maynard v. State, 355 Ga. App. 5D164395 Decided: February 02, 2018 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. Dyer v. State, 167 Ga.App. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Victims look on as the sentences are read. Also we would like the map display." 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. 3. at 395 (2). 391, 394(2), 819 S.E.2d 682 (2018). 0000017752 00000 n The email address cannot be subscribed. 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. 45 20 At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. Prosecutors acknowledge that Norton was not one of riders who pointed shotguns at the group, but prosecutors say that she hurled menacing threats while yelling a racial epithet. The children at the party heard and saw much of the altercation. 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. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). endobj 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. IE 11 is not supported. We find no reversible error in the trial courts response to the question. Join Facebook to connect with Jose Ismael Torres and others you may know. Keep fg with our flag!!!!!! The other two pleaded guilty and are serving shorter prison terms. Id. Contact us. What happened to you was horrible, she said, as she wiped away tears. 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. 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. 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. Judgment affirmed. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 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. See Bautista v. State, 305 Ga.App. 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? 0000001512 00000 n ", 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. 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. 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. 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. Torres also claims in a one-paragraph argument that his five-year sentence on the terroristic threats count is void because Count 4 only charged a misdemeanor, not a felony. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. /L 101483 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. Use of this site constitutes acceptance of our, Digital 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 Credit: Photo provided by Ceciley Pangburn. 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. Count 4 of Torress 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. What America's Richest Ski Town's Handling of COVID-19 Shows. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Summers is serving four years in prison and Henderson is serving two. Listed below are those cases in which this Featured Case is cited. "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." They got what they got, she said. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The Judge Criticized Douglasville Police For Not Arresting Anybody at the Don't miss the crucial news and insights you need to make informed legal decisions. 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). Alford said Torres and Norton should have pleaded guilty. xref WebGet free access to the complete judgment in Torres v. State on CaseMine. We disagree. The trial court found that trial counsel was not ineffective in this regard. 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 Terms of Service. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. 5 = / q n k p k M. 2. 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. 1. We disagree. 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. 0000000017 00000 n District Court of Appeal of Florida, Fifth District. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if it states the offense in the terms and language of [the Georgia] Code or so plainly that the nature of the offense charged may easily be understood by the jury. Your article was successfully shared with the contacts you provided. 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. Its inexplicable to me that you werent arrested by the police that day.. 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