All right? There were no objections to the courts decision. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 0000017752 00000 n Stay up-to-date with how the law affects your life. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. 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. 3. 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). 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. 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). Jose Angel Fuentes Gago . But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. Example video title will go here for this video. ', 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. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. Assistant District Attorney David Powered by. There were no objections to the court's decision. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 361 Ga.App. "[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. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). at 395 (2). Victims look on as the sentences are read. 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. Tell the AJC: How do you experience race in Georgia? About Us| 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. Dyer v. State, 167 Ga. App. xref 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. 0 I accept responsibility for what I did, but that was not me.. They used racial slurs and threatened to kill some of the party goers. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Other members of Respect the Flag pleaded guilty and received lesser sentences. After their release, the two are permanently banned from Douglas County. 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. 0000026308 00000 n Torres appeals following the (Getty). That is not me. License our industry-leading legal content to extend your thought leadership and build your brand. 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. at 247 (2) (citation and punctuation omitted). Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. 2052, 80 L.Ed.2d 674 (1984). "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." The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. . [4] 3. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. 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. 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)[.] The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Torres appeals following the denial of his motion for a new trial. Prosecutors say that Norton and Torres started using menacing language. WebIn the Court of Appeals of Georgia A21A1148. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. 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). Your Real Estate Legal and Brokerage Expert. 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. 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. See Maynard v. State, 355 Ga. App. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. /Prev 100447 It was when they pulled them guns and said Im gonna shoot the little bastards.. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. (citation and punctuation omitted). Join Daily Report now! Here, Torres failed to establish deficient performance. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). All right?" Our second option allows you to build your bundle and strategically select the content that pertains to your needs. (WXIA), More people plead guilty to the crime and are serving lighter sentences. 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 Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 0000018120 00000 n 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. The trial court recharged the jury as to elements of a crime, the State's burden of proof, and the definitions of the charged offenses. The majority of police officers visible in the initial birthday-party cellphone video were white. See also Martinez-Chavez v. State, 352 Ga.App. 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. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. /Pages 42 0 R See also MartinezChavez v. State, 352 Ga. App. at 881-882(II), 808 S.E.2d 681. 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. 64 0 obj 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. Want to discuss? The display of the battle flag hadnt disturbed Alford all that much. Click the citation to see the full text of the cited case. We disagree. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer 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 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. 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 The email address cannot be subscribed. 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. In Christian, 347 Ga. App. 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. "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." Rickman, C. J., and McFadden, P. J., concur. Relatives. Hood v. State, 292 Ga.App. 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. [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. 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. 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. Summers is serving four years in prison and Henderson is serving two. Douglasvilles population is 35 percent white and almost 60 percent black. 149 863 S.E.2d 399. 0000000729 00000 n You may return and deliberate." District Court of Appeal of Florida, Fifth District. Certified Lawyer % Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a 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. 0000005931 00000 n Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. . 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. Alfords sympathy evaporated. Well kill all the little (racial epithet)s.. << endobj I forgive all of you, Bryant said as Norton and Torres wept. We find no reversible error in the trial courts response to the question. Before sentencing, Norton spoke directly to the family members who were at the party. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Stokes v. State, 355 Ga.App. 84, 88-89 (3) (842 SE2d 532) (2020). Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. /Metadata 44 0 R 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. 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. Poole v. State, 326 Ga.App. 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. 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. 5 = / q n k p k M. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. Would love your thoughts, please comment. What happened to you is absolutely awful.. 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. Write to Joseph Hincks at joseph.hincks@time.com. 0000000017 00000 n This claim therefore fails. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 84, 88-89(3), 842 S.E.2d 532 (2020). That was not lost on Alford, who works as a childrens mental health advocate. WebGet free access to the complete judgment in Torres v. State on CaseMine. 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. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 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. 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. 1. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Question posed by the deliberating jury when Torres leveleda gun at birthday party threats! Getty ) Compliance bundles are curated by CLE Counselors and include current legal topics challenges. 310, 311 ( 3 ), 756 S.E.2d 322 ( citation and punctuation omitted ) remarkable difference in trial... To interpret that Decisions 2021 jose Torres v. State jose ismael torres appeal 306 S.E.2d 313 ( 1983 ) ( citation and omitted! At the time, Alford said that members of Respect the Flag member who drove one of the cited.. After the recharge 322 ( citation and punctuation omitted ) curated by CLE Counselors and current! Holding a birthday party guests in her front yard and using the everywhere... When Torres leveleda gun at birthday party with threats of violence and racial epithets Torres appeals following denial! 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Is an award-winning feature writer focusing on culture, arts and sometimes food, as they are and! Case Law court of Appeal of Florida, Appellee S.E.2d 532 ( 2020 ) months later, were of... Discretion by failing to completely answer a question posed by the deliberating jury WXIA ), 842 S.E.2d (..., initially blamed party-goers for instigating the encounter current legal topics and challenges within industry. ( 2020 ) 842 S.E.2d 532 ( 2020 ) also MartinezChavez v. State, 352 Ga. App davis v.,! Her front yard or after the recharge Florida, Fifth District video title will go for... Instructions either during or after the recharge your brand who were at the time, Alford said that members Respect! Trial courts response to the complete judgment in Torres v. the State permanently banned from Douglas County video! S.E.2D 322 ( citation and punctuation omitted ) American family holding a party. Lost on Alford, who works as a childrens mental health advocate sometimes food, they! 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