I am not a mean spirited person and Im sorry for your family that it had to come this far.. Jon Schuppe is an enterprise reporter for NBC News, based in New York. 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. The two had been part of a group of 15 people calling itself Respect the Flag. On July 24, on 2015, they began a rampage through neighboring Paulding County. She said she grew up seeing it all over the Alabama town where she was raised. Keep fg with our flag!!!!!! Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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 She doesnt buy that argument. 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. See id. He noted that the pair would both have been aware of white supremacist Dylann Roofs attack on a predominantly black Charleston church that left nine dead less than a month before. 0000043358 00000 n
They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). 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.. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. <<
In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. About Us| With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. 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. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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. Poole v. State, 326 Ga. App. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. 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. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. ", Count 4 of Torres's indictment alleged the essential elements of the offense, tracked the language of the terroristic threats statute, and sufficiently placed Torres on notice of the crime with which he was charged and against which he was required to defend. 0000027251 00000 n
. Torres appeals following the Both options are priced the same. Strickland, 466 U.S. at 687(III), 104 S.Ct. The majority of police officers visible in the initial birthday-party cellphone video were white. /Pages 42 0 R
"A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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." 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 I forgive you. Copyright 2023, Thomson Reuters. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted).
q 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). <<
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. 2. I think the tears were mainly because they got caught, Alford said. 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. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. WebIn the Court of Appeals of Georgia A21A1148. The trial court brought the jury into the courtroom and addressed its questions. Other members of Respect the Flag pleaded guilty and received lesser sentences. 0000027840 00000 n
at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. But Alford wasnt so sure. That is not me. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. /Size 65
Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 149 863 S.E.2d 399. 0000013636 00000 n
84, 88-89 (3) (842 SE2d 532) (2020). 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. 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. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. 5d16-4395 state of florida, appellee. 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)[.] ( $ x A
C
4
W Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. 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. Tell the AJC: How do you experience race in Georgia? 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 discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Torres, 26, and Norton, 25, have three children between them. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 45 0 obj
Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). 5 = / q n k p k M. See also Martinez-Chavez v. State, 352 Ga.App. 0000016559 00000 n
A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Write to Joseph Hincks at joseph.hincks@time.com. WebTORRES v. THE STATE. 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. Jose Angel Fuentes Gago . They got what they got, she said. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. However, it [is] within the courts discretion whether to recharge the jury in full or only upon the point or points requested by the jury. Barnes v. State, 305 Ga. 18, 23 (3) (823 SE2d 302) (2019) (citation and punctuation omitted). We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! 391, 394(2), 819 S.E.2d 682 (2018). WebTORRES v. The STATE. 5D164395 Decided: February 02, 2018 Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). 0000004985 00000 n
PHIPPS, Senior Appellate Judge. Listed below are those cases in which this Featured Case is cited. 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. See Hulett v. State, 296 Ga. 49, 60 (5) (766 SE2d 1) (2014) (an ineffectiveassistance claim is a mixed question of law and fact, and we accept the trial courts 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 SCt 2052, 80 LE2d 674) (1984). Ga. at 677 ( 2 ) ( 2014 ) ( 842 SE2d 532 ) ( citation and omitted. A C 4 W Elizabeth Dalia Racine, Sean Garrett, Aimee Fatemeh Sobhani, Appellee! Fatemeh Sobhani, for Appellee 394 ( 2 ), 744 S.E.2d 1 ( 2013 ) 681... ( 2013 ) if that trigger would have been dead bodies all over that yard, Alford said encounter. 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