Join Facebook to connect with Jose Ismael Torres and others you may know. 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.. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. /T 100459 At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Debevoise Is Ready. Long Waits, Short Appointments, Huge Bills. Two others had earlier pleaded guilty to similar charges and received lesser sentences. 5D164395 Decided: February 02, 2018 Judgment affirmed. WebJose Ismael Arreola v. The State of Texas Appeal from 195th Judicial District Court of Dallas County (opinion ) Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! Prosecutors said Torres pointed a shotgun at the party. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. 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. 0000017752 00000 n Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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). Alfords sympathy evaporated. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. 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. As he sentenced the duo, judge McClain castigated them for their behavior. Torres appeals following the denial of his motion for a new trial. Keep fg with our flag!!!!!! See id. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Hood v. State, 292 Ga.App. 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. 45 20 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. All right? There were no objections to the courts decision. at 881-882(II), 808 S.E.2d 681. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). All right?" /P 0 Id. 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 Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. (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. >> To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). 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. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. 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. In Christian, 347 Ga. App. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 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. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. 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). She was even used to hearing the type of slurs hurled at her and her guests. Terms of Service. 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 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). Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. Strickland, 466 U.S. at 687(III), 104 S.Ct. Stay up-to-date with how the law affects your life. 391, 394(2), 819 S.E.2d 682 (2018). If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. at 395 (2). Rickman, C. J., and McFadden, P. J., concur. 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. Despite her earlier social-media attempts to cover up her actions and those of other Respect The Flag members during their two-day spree culminating at the birthday party, Norton told party-goers, according to Fox 5 Atlanta, that What happened to you was horrible. This claim lacks merit. "[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. 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. What happened to you is absolutely awful.. To meet the second prong, there must be a reasonable probability that, absent counsel's errors, the outcome of the trial would have been different. WebJose Ismael Torres, Wewahitchka, pro se. Click the citation to see the full text of the cited case. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. TORRES v. THE STATE. Jose Torres, Phillip Torres, Robert Torres. /Length 607 Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. trailer Tell the AJC: How do you experience race in Georgia? They even threatened to kill children at the party. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. I forgive all of you. 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. /H [ 831 681 ] 2023 TIME USA, LLC. at 248(2)(a), 756 S.E.2d 322 (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). 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. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. 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. 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 and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. In fact, Torress trial counsel specifically testified at the hearing on Torress 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. 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. 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 Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. 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. (Getty). See Maynard v. State, 355 Ga.App. So, why you crying now?. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. The two are the last of 15 people charged in the confrontation at the 8-year-olds party, which took place in Douglasville in July 2015. Norton had chosen to ride along on that convoys racist tear across two counties. 5d16-4395 state of florida, appellee. 0000016806 00000 n State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). WebIn the Court of Appeals of Georgia A21A1148. %PDF-1.4 0000018120 00000 n 0000027840 00000 n Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. We find no error and affirm Torres's convictions. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. We find no reversible error in the trial courts response to the question. 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. Torress counsel stated: As I understood the question, they were asking about the 18page document. Dyer v. State, 167 Ga.App. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. PHIPPS, Senior Appellate Judge. The email address cannot be subscribed. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). 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. 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." 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. Example video title will go here for this video. See also Martinez-Chavez v. State, 352 Ga.App. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. I forgive you. 2052. 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. Jon Schuppe is an enterprise reporter for NBC News, based in New York. About Us| You gamble, you win or you lose.. (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. Dyer v. State, 167 Ga. App. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. See id. 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. 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). EpiPens dont work in space? 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." See also MartinezChavez v. State, 352 Ga. App. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. 5 = / q n k p k M. /E 46291 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). WebIn the Court of Appeals of Georgia A21A1148. Several of them were brandishing guns. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. Notifications can be turned off anytime in the browser settings. Isnt it time we heard from UGAs Kirby Smart? Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. Torres also claims in a one-paragraph argument that his five-year sentence on the terroristic threats count is void because Count 4 only charged a misdemeanor, not a felony. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." 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. Other members of Respect the Flag pleaded guilty and received lesser sentences. They got what they got, she said. 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." She said she grew up seeing it all over the Alabama town where she was raised. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. The Law affects your life an outdoor birthday party, threatening them with a,... 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Arrest any of the recharge, the trial court did not request additional charges or that. African-American motorists and shoppers at a local Walmart and convenience store SE2d 1 ) ( 2013.! Or after the recharge remove comments but is under no obligation to do so, or explain... Or only upon the point or points requested birthday party guests in her front.!