565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). 391, 394(2), 819 S.E.2d 682 (2018). By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. See Hulett v. State, 296 Ga. 49, 60(5), 766 S.E.2d 1 (2014) (an ineffective-assistance claim is a mixed question of law and fact, and we accept the trial court's 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 S.Ct. The register of actions The two were found guilty in Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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. 0000013636 00000 n at 881-882(II), 808 S.E.2d 681. 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. The trial court found that trial counsel was not ineffective in this regard. PHIPPS, Senior Appellate Judge. You may return and deliberate." They also threatened black shoppers at a convenience store and a Wal-Mart. See also Martinez-Chavez v. State, 352 Ga.App. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. 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. On Monday, Alford said, Kayla Nortons tears may have come from remorse. 0000001512 00000 n xref To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. We disagree. 2052, 80 L.Ed.2d 674 (1984). The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. See Bautista v. State, 305 Ga. App. WebIn the Court of Appeals of Georgia A21A1148. 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 Jon Schuppe is an enterprise reporter for NBC News, based in New York. That is not me. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 210, 213 (2) (699 SE2d 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). Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. /Names << /Dests 29 0 R>> Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 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. Torres, 26, and Norton, 25, have three children between them. Stokes v. State, 355 Ga.App. A man and a woman were sentenced Monday to 13 and six years in prison, respectively, for joining a group of Confederate flag supporters who in 2015 drove around a small Georgia community threatening people, including a gathering of African-Americans celebrating a young boy's birthday. Our Team Account subscription service is for legal teams of four or more attorneys. >> "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." at 881 882 (II). 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. Rickman, C. J., and McFadden, P. J., concur. The investigation included a review of thousands of Facebook pages that identified members of the Respect the Flag as white supremacists who discussed attending Ku Klux Klan rallies, joining a skinhead group and made derogatory remarks about black people, Fortner said. 2. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). Salary will be commen Pringle Quinn Anzano, P.C. 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). License our industry-leading legal content to extend your thought leadership and build your brand. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. [3] See Subar v. State, 309 Ga. 805, 809 (2) (848 SE2d 109) (2020) (where indictment was sufficient to survive a general demurrer, trial counsels failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga. App. 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). Women, Influence & Power in Law UK Awards 2023, LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, The Art of Entertainment Law: A Conversation with Robert A. Celestin, Buying Legal Council Appoints Jason Winmill as New Chair, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. 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. 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. Questions about group subscriptions? If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 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. /Size 65 Summers is serving four years in prison and Henderson is serving two. 584, 587 (6) (666 SE2d 674) (2008). at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. 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. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). [c]ommit any crime of violence . >> Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. 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-. Here, Torres failed to establish deficient performance. 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. Tell the AJC: How do you experience race in Georgia? Thats kind of what I perceived that they wanted[.] 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. Douglas County District Attorney Brian Fortner said in an interview that the prosecution of the attack began with people with less serious involvement, and moved in toward those who drove it. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. %%EOF WebJose Ismael Torres, Wewahitchka, pro se. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. About Us| OCGA 16-11-37 (d) (1). << 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." PER We disagree. Join Daily Report now! Well kill all the little (racial epithet)s.. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. 0000001815 00000 n 0000006358 00000 n Want to discuss? This claim lacks merit. Torres appeals following the denial of his motion for a new trial. 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. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. 0000027251 00000 n Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. "1 Poole, 326 Ga. App. 45 0 obj A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Great opportunity for advancement. 584, 587(6), 666 S.E.2d 674 (2008). There were no objections to the court's decision. The judge ordered the two permanently banished from Douglas County once they are released. The children at the party heard and saw much of the altercation. 0000004744 00000 n Some members pointed guns at the group. 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. 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. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Dyer v. State, 167 Ga. App. It was when they pulled them guns and said Im gonna shoot the little bastards.. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. I forgive you. 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. 149 863 S.E.2d 399. PHIPPS, Senior Appellate Judge. The court then stated: "I'm going to slowly and carefully define those offenses for you." I forgive you. 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. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. << At issue here is how the trial court handled the request for the "definitions of the charges." 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). WebGet free access to the complete judgment in Torres v. State on CaseMine. 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. You have reached your limit of 4 free articles. 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 . Also we would like the map display." X ! This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 5d16-4395 state of florida, appellee. . 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. 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. 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. All right?" Alford said Torres and Norton should have pleaded guilty. See Maynard v. State, 355 Ga. App. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. /S 495 We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Hood v. State, 292 Ga.App. Click on the case name to see the full text of the citing case. 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. 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. 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. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. Alfords sympathy evaporated. 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. 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. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. [4] 3. Only four were charged with felonies. 0000018120 00000 n What America's Richest Ski Town's Handling of COVID-19 Shows. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 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