The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. That is not me. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Questions about group subscriptions? We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. In Christian, 347 Ga. App. [4] 3. 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. 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. PHIPPS, Senior Appellate Judge. 0000027251 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. 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. We find no reversible error in the trial court's response to the question. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. The court then stated: "I'm going to slowly and carefully define those offenses for you." . . "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." All Rights Reserved. 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). /T 100459 SPLC attorneys also brought witnesses to the prosecutor and have been representing some of the people at the party., The SPLC report included details most media sources omitted, including the exact threats and epithets Respect The Flag members allegedly shouted at party-goers. 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 The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Id. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. xref "A general demurrer challenges the validity of an indictment by asserting that the substance of the indictment is legally insufficient to charge any crime, and it should be granted only when an indictment is absolutely void in that it fails to charge the accused with any act made a crime by the law." 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. 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-. The bond hearing is set for Monday morning. Torres contends that his trial counsel should have filed a general demuurer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. . %%EOF 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. Would love your thoughts, please comment. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorney's performance was deficient and that he was prejudiced by the deficient performance. This claim lacks merit. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. /Prev 100447 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 Their actions were motivated by racial hatred, said Superior Court Judge William McClain. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). 2023 TIME USA, LLC. Torres, 26, and Norton, 25, have three children between them. 149 863 S.E.2d 399. 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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. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Phipps, Senior Appellate Judge. 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. WebView the profiles of people named Jose Ismael Torres. 2052. 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.. Before sentencing, Norton spoke directly to the family members who were at the party. Several of them were brandishing guns. 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. at 881-882(II), 808 S.E.2d 681. We disagree. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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. 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. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. endobj The other two pleaded guilty and are serving shorter prison terms. 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. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Torres appeals following the denial of his motion for a new trial. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. /Pages 42 0 R In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 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. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 0000043358 00000 n (citation and punctuation omitted). Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). /Names << /Dests 29 0 R>> When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. 0000013636 00000 n That is not him. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). There were no objections to the court's decision. 3. . 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. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 1. . "1 Poole, 326 Ga. App. That is not me. Other members of Respect the Flag pleaded guilty and received lesser sentences. Assistant District Attorney David To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Our Team Account subscription service is for legal teams of four or more attorneys. Some members pointed guns at the group. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Want to keep up with the latest crime coverage? ( $ x A C 4 W You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. 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 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 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. "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." 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). %PDF-1.4 Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. << 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. at 881 882 (II). Both wept as the sentences were handed State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. In Christian, 347 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). 2052, 80 L.Ed.2d 674 (1984). Prosecutors say that Norton and Torres started using menacing language. 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. 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. 64 0 obj Please read our Commenting Policy first. In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer. at 395(2), 819 S.E.2d 682. 0000026308 00000 n 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer I suppose Confederate flags can be interpreted different ways and in different context. /Metadata 44 0 R Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. at 247 (2) (citation and punctuation omitted). The display of the battle flag hadnt disturbed Alford all that much. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). "[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. 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. 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. 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. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. See also Martinez-Chavez v. State, 352 Ga.App. You gamble, you win or you lose.. We find no error and affirm Torres's convictions. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 621, 627(2), 760 S.E.2d 630 (2014) (counsel's performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). 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. Photos: Hate crime in Douglasville, Georgia. 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). WebB2 dailybusinessreview.com TUESDAY, FEBRUARY 28, 2023 DAILY BUSINESS REVIEW BROWARD U.S. DISTRICT 23-cv-80259-RLR, Chanel, Inc. v. Eye of the Needle Palm At issue here is how the trial court handled the request for the "definitions of the charges." I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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