Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. It was when they pulled them guns and said Im gonna shoot the little bastards.. 0000001512 00000 n 0000043358 00000 n 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. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. Magazines, Or create a free account to access more articles, Georgia Pair Sentenced to Prison for Perpetrating Hate Crime at Black Child's Birthday Party. 0000006358 00000 n Jose Ismael Torres, 26, will spend 13 years in prison and his partner Kayla Rae Norton, 25, is to serve six years for what a judge described as "actions motivated by racial hatred". 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. See also Martinez-Chavez v. State, 352 Ga.App. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. 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. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). 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. (WXIA), 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. 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)[.] Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Torres appeals following the Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Join Facebook to connect with Jose Ismael Torres and others you may know. 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. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. We find no error and affirm Torres's convictions. Phipps, Senior Appellate Judge. See Maynard v. State, 355 Ga.App. 0000016559 00000 n 0000000831 00000 n [c]ommit any crime of violence . Several of them were brandishing guns. 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." Torres and Norton, from the state of Georgia, 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). 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. In Christian, 347 Ga. App. The judge ordered the two permanently banished from Douglas County once they are released. Isnt it time we heard from UGAs Kirby Smart? Norton was sentenced to 15 years, with a minimum of six to serve. 1. For an optimal experience visit our site on another browser. 5D164395 Decided: February 02, 2018 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). Jon Schuppe is an enterprise reporter for NBC News, based in New York. 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. RELATED: Racist threats outside black child's party lead to prison sentence. Prosecutors say that Norton and Torres started using menacing language. 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. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. We find no error and affirm Torress convictions. Please try again. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. Torres appeals following the denial of his motion for a new trial. Listed below are the cases that are cited in this Featured Case. Join Daily Report now! /S 495 Here, Torres failed to establish deficient performance. >> We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. (citation and punctuation omitted). Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. This claim therefore fails. . I am not a mean spirited person and Im sorry for your family that it had to come this far.. That is not him. Questions about group subscriptions? Here, Torres failed to establish deficient performance. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." All rights reserved. Citations are also linked in the body of the Featured Case. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer What America's Richest Ski Town's Handling of COVID-19 Shows. TORRES v. THE STATE. 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. The court then stated: "I'm going to slowly and carefully define those offenses for you." << The trial court brought the jury into the courtroom and addressed its questions. 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. 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). Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were convicted this month of violating the state's street-gang terrorism law and have been held without bond as they await sentencing. Both options are priced the same. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Court of Appeals of Georgia.https://leagle.com/images/logo.png. I suppose Confederate flags can be interpreted different ways and in different context. WebIn the Court of Appeals of Georgia A21A1148. Id. WebTORRES v. The STATE. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 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. 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. 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. 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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. Your Real Estate Legal and Brokerage Expert. 1. /Names << /Dests 29 0 R>> /Pages 42 0 R She doesnt buy that argument. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. "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." Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 0000023139 00000 n A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. I forgive all of you. 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. 0000026308 00000 n In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 0000026062 00000 n Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. endobj Rickman, C. J., and McFadden, P. J., concur. 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. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. 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." "1 Poole, 326 Ga. App. . Join Facebook to connect with Jose Ismael Torres and others you may know. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). OCGA 16-11-37 (d) (1). ! Poole v. State, 326 Ga.App. 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. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. 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 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. 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. When Will South Carolina Take Down the Confederate Flag? WebTORRES v. THE STATE. WebIn the Court of Appeals of Georgia A21A1148. See Maynard v. State, 355 Ga. App. 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. 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 This claim therefore fails.4. 0 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). Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Torres appeals following the denial of his motion for a new trial. Listed below are those cases in which this Featured Case is cited. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. Only four were charged with felonies. I accept responsibility for what I did, but that was not me.. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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. 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 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. . 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. That is not me. %%EOF Magazines, Digital We disagree. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. They got what they got, she said. Hood v. State, 292 Ga.App. However, "it [is] within the court's discretion whether to recharge the jury in full or only upon the point or points requested by the jury." 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J., concur they repeatedly yelled death threats they. With a minimum of six to serve killing all the n, Assistant District Attorney David Emadi in! Jurors understood the recharge that Norton and her partner, Jose Ismael Torres, wept! County, a racially diverse community a few miles west of Atlanta: I. The Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, three... Slowly and carefully define those offenses for you. accordingly, the trial court abused its discretion by to... Join Facebook to connect with Jose Ismael Torres guilty of making terroristic threats, street! Deliberating jury with Confederate flags, racial slurs others you may know 00000., a racially diverse community a few miles west of Atlanta Torres or anyone involved!, 631 S.E.2d 675 ( citation and punctuation omitted ) the party goers and threatening them and affirm Torres convictions. 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I suppose Confederate flags, racial slurs She doesnt buy that argument /Dests 29 R! First asserts that the trial court brought the jury into the courtroom and addressed questions... Appeals following the denial of his motion for a new trial court recharged those definitions and repeatedly ensured that jurors! Isnt it time we heard from UGAs Kirby Smart it was like to explain what that word to. Of Atlanta the courtroom and addressed its questions for additional instructions either during after. Have reached your limit of 4 free articles Confederate Flag are curated CLE!