Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 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. [i]n reckless disregard of the risk of causing the terror. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 45 0 obj The display of the battle flag hadnt disturbed Alford all that much. All Rights Reserved. >> You have reached your limit of 4 free articles. 0000000017 00000 n That was not lost on Alford, who works as a childrens mental health advocate. Strickland, 466 U.S. at 687(III), 104 S.Ct. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Henry P. 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Bar, Says Her Rep, All 3 Defendants Found Guilty of Murdering Ahmaud Arbery, Black Jogger Chased Down and Shot in Georgia, How a Film Producer Uncovered the Truth About an Innocent Man Convicted of Raping'Lovely Bones'Author, Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest, Man Arrested After Hurling Racial Slurs at African-American TV Reporter: 'What Did You Just Call Me? At issue here is how the trial court handled the request for the "definitions of the charges." 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. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. WebTORRES v. The STATE. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. trailer All rights reserved. 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. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 149 863 S.E.2d 399. Other members of Respect the Flag pleaded guilty and received lesser sentences. The court then stated: "I'm going to slowly and carefully define those offenses for you." Customer Service| Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). Tell the AJC: How do you experience race in Georgia? Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. You gamble, you win or you lose.. Write to Joseph Hincks at joseph.hincks@time.com. % At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Stokes v. State, 355 Ga.App. Torres, 26, and Norton, 25, have three children between them. 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). They were found guilty earlier this month. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 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). The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. The bond hearing is set for Monday morning. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. 0000001815 00000 n [w]ith the purpose of terrorizing another[,] or . Click on the case name to see the full text of the citing case. We disagree. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. Before sentencing, Norton spoke directly to the family members who were at the party. Judgment affirmed. Debevoise Is Ready. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. The trial court brought the jury into the courtroom and addressed its questions. Two days after the party, on July 27, 2015, the Atlanta Journal-Constitution reported that authorities were investigating the videos to determine if anything illegal happened. 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-. Norton had chosen to ride along on that convoys racist tear across two counties. "Under the first prong of this test, counsel's performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms." We find no reversible error in the trial court's response to the question. Jose Angel Fuentes Gago . Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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Please read our Commenting Policy first. 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. They waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. . 391, 394(2), 819 S.E.2d 682 (2018). Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. 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. Prosecutors say that Norton and Torres started using menacing language. endobj Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. The other two pleaded guilty and are serving shorter prison terms. 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 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 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. DOUGLASVILLE, Ga. A Georgia judge sentenced two people to lengthy prison terms for their role in the disruption of a black childs birthday party with Confederate flags, racial slurs and armed threats. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 0000013636 00000 n 0000023139 00000 n In Christian, 347 Ga. App. Web69,783 court search results for people named "Jose Torres" in the United States. 0000016806 00000 n Also we would like the map display." WebJose Ismael Torres is on Facebook. 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. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer I would never walk up to you and say those words to you and I am so sorry that happened to you., Prosecutors said Norton was not one of the people who pointed guns at party-goers, but did shout threats and racial epithets. The trial court brought the jury into the courtroom and addressed its questions. 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. Victims react as the sentences are read. Your Real Estate Legal and Brokerage Expert. 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. 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. I wasnt mad about them flying those flags, Alford said. Stokes v. State, 355 Ga. App. Here, Torres failed to establish deficient performance. I think the tears were mainly because they got caught, Alford said. 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. >> /Size 65 Court of Appeals of Georgia.https://leagle.com/images/logo.png. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. Contact us. PHIPPS, Senior Appellate Judge. Great opportunity for advancement. I forgive all of you. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Salary will be commen Pringle Quinn Anzano, P.C. 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. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. They got what they got, she said. There were no objections to the court's decision. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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. 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). 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 Torres's counsel stated: 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. BERGER, WALLIS, and EISNAUGLE, JJ., concur. Torres and Norton have three children together, although they are not married. 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. endobj at 395(2), 819 S.E.2d 682. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). All right? There were no objections to the courts decision. 5D164395 Decided: February 02, 2018 We, therefore, remand for the trial court to make the correction in the written sentence. 0000018120 00000 n Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Questions about group subscriptions? I suppose Confederate flags can be interpreted different ways and in different context. He said it had been his intent to kill black people and start a race war. (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. Id. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. Alford said Torres and Norton should have pleaded guilty. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! TORRES v. THE STATE. 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. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. [4] 3. 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