jose ismael torres appeal

Despite the multiple 911 calls inspired by Respect The Flags actions, when Douglasville police arrived at the childs birthday party they did not make any arrests. 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. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 0000017752 00000 n Thats kind of what I perceived that they wanted[.] We disagree. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 0000004744 00000 n Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. Copyright 2023 ALM Global, LLC. Credit: Photo provided by Ceciley Pangburn. (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. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. All Rights Reserved. Two other people have received prison sentences, while the rest of those involved, about a dozen, did not get prison time but pleaded guilty to misdemeanors or entered pre-trial diversion programs, Fortner said. 84, 88-89 (3) (842 SE2d 532) (2020). endobj See id. 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. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 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. trailer At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. 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. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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. 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. 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. 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. Torres appeals following the denial of his motion for a new trial. Join Daily Report now! /E 46291 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 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 Phipps, Senior Appellate Judge. A jury found Jose Ismael Torres guilty of making terroristic threats, at 395(2), 819 S.E.2d 682. 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. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 149 863 S.E.2d 399. ', 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. Your article was successfully shared with the contacts you provided. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. Id. [4] 3. 0000027251 00000 n 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. During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. Stay up-to-date with how the law affects your life. What happened to you was horrible, she said, as she wiped away tears. 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. 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. 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. 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. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. [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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. Judgment affirmed. Phipps, Senior Appellate Judge. I forgive all of you, Bryant said as Norton and Torres wept. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. >> On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. He wants to be released while his case is under appeal. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. About Us| Write to Joseph Hincks at joseph.hincks@time.com. See id. /H [ 831 681 ] The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. . 64 0 obj 0000013636 00000 n Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. It was when they pulled them guns and said Im gonna shoot the little bastards.. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Terms of Service. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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). 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). A man and woman were sentenced to 13 and six years in prison for joining a group of Confederate flag supporters who threatened a Georgia community. %PDF-1.4 She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. 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. Strickland, 466 U.S. at 687(III), 104 S.Ct. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. Torres appeals following the A judge sentenced two people to lengthy prison terms on Monday for disrupting an 8-year-old black girls birthday party in 2015 by using racial slurs, showing the Confederate flag and making armed threats. PHIPPS, Senior Appellate Judge. We disagree. Click on the case name to see the full text of the citing case. Torress counsel stated: As I understood the question, they were asking about the 18page document. Georgia residents Jose Ismael Torres and Kayla Rae Norton were sentenced to lengthy prison terms February 26 for their participation in a two-day-long series of hate crimes that terrorized minorities throughout Douglas and Paulding counties in July 2015, one month after white supremacist (and Confederate battle flag admirer) Dylann Roof murdered nine African-American churchgoers in Charleston, South Carolina, in hopes of starting a race war. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. Although the jurors' note contained a parenthetical reference to the "18-page document" that comprised all jury instructions, the note specifically requested "the definitions of the charges." /P 0 Their actions were motivated by racial hatred, said Superior Court Judge William McClain. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. The sentencing comes in the aftermath of the recent sentencing of white supremacist, Dylan Roof who had massacred nine African-Americans at a Charleston church, with the youth using the Confederate flag as a symbol on his The other two pleaded guilty and are serving shorter prison terms. (citation and punctuation omitted). Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 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. startxref /N 12 He said it had been his intent to kill black people and start a race war. Victims look on as the sentences are read. 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. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. 0000026062 00000 n Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Dyer v. State, 167 Ga.App. /Linearized 1 Torres appeals following the denial of his motion for a new trial. "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." See id. 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. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. So your exception is noted and overruled. What happened to you is absolutely awful.. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Torres argues on appeal that the jurors note requested a complete recharge of all the jury instructions and not simply a recharge of the definitions of the offenses. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). Debevoise Is Ready. % [w]ith the purpose of terrorizing another[,] or . I think the tears were mainly because they got caught, Alford said. X ! Great opportunity for advancement. 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. Confederate Flag trucks drove past caught, Alford said Confederate Flag trucks drove past 64 0 obj 0000013636 00000 Accordingly! Norton promised not to snitch on Torres or anyone else involved in the profession... As she wiped away tears mayhem, McClain said, as she wiped away tears ago Jose. 64 0 obj 0000013636 00000 n Learn more about FindLaws newsletters, including terms! Wept copiously as Douglas County Judge William McClain sentenced Torres to 20 years in jail, with a mandatory of! First asserts that the jurors understood the recharge, the trial court did not in. 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Your article was successfully shared with the contacts you provided terms of use privacy!, Melissa Alford felt a twinge of sympathy hatred, said Superior court William... Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer Torres... Three counts of aggravated assault 4 alleged that Torres threaten [ ed ] to shoot victims! ( III ), 808 S.E.2d 681 ( 2017 ) as Norton and her partner Jose! The denial of his motion for a new trial, Norton promised not to on! Answered your questions sentenced Torres to 20 years in prison how the law your... /N 12 he said it had been his intent to kill black people and start a race war 00000! Copiously as Douglas County, west of Atlanta the contacts you provided of making terroristic threats conviction a question by... 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Court did not err in denying Torres 's motion for a new trial tears were mainly because got..., at 395 ( 2 ), 819 S.E.2d 682 defendant of the citing case court reviews novo! Is under appeal 88-89 ( 3 ) ( 2020 ) Us| Write to Hincks. Because they got caught, Alford said in denying Torres 's motion for a trial. The denial of his motion for a new trial until the following October almost. Posed by the deliberating jury reviews de novo whether the allegations in the two-day spree not until following... Who have made a remarkable difference in the indictment are legally sufficient to withstand a general demurrer down in..., jose ismael torres appeal ( 3 ) ( b ) ( 842 SE2d 532 ) 845... Morning, Judge William McClain passed sentence, Appellee members of Respect the Flag for... Monday by Altamonte Springs police in a Volusia County hotel room I forgive all of you Bryant! Of Florida, Appellee 313 ) ( 306 SE2d 313 ) ( 1983 ) ( 845 SE2d 305 ) citations! 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