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. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 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. Count 4 of Torress 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. 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. . 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. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. Also we would like the map display. At issue here is how the trial court handled the request for the definitions of the charges. After discussing the request with the attorneys, the trial court informed counsel, Ill just read the charges to them again slowly and carefully. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. I am not a mean spirited person and Im sorry for your family that it had to come this far.. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. Henry P. Taylor/Atlanta Journal-Constitution via AP, 'Empire' Star Jussie Smollett Sentenced to 150 Days in County Jail for Staging Hate Crime, Lying to Authorities, Jussie Smollett to Be Released from Jail on Bond Pending His Appeal, Court Orders, Racism Led 3 White Men to Chase and Kill Ahmaud Arbery, a Black Jogger in Georgia, Jury Finds, No Prison Time for Tennessee Nurse Convicted of Fatal Drug Error, Michelle Carter Case: The 'Texting-Suicide' Case Five Years After Sentencing, Hayden Panettiere and On-Off Boyfriend Brian Hickerson Involved in Fight Outside of L.A. Bar, Illinois Judge Reverses Man's Rape Conviction, Citing 5 Months in Jail as 'Plenty of Punishment', Hayden Panettiere 'Okay' After Involvement in Physical Fight Outside L.A. 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? "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." At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. Would love your thoughts, please comment. (citation and punctuation omitted). WebView the profiles of people named Jose Ismael Torres. Notifications can be turned off anytime in the browser settings. 84, 88-89(3), 842 S.E.2d 532 (2020). << 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. /Size 65 I forgive you. 391, 394 (2) (819 SE2d 682) (2018). 0000016559 00000 n Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Strickland, 466 U.S. at 687 (III). 584, 587 (6) (666 SE2d 674) (2008). 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. % I accept responsibility for what I did, but that was not me. WSB-TVs coverage also quoted Norton as saying, The worst decision Ive ever made in my life was to not walk away when I had the chance. Listed below are the cases that are cited in this Featured Case. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. 5d16-4395 state of florida, appellee. 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! But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 64 0 obj Learn more about FindLaws newsletters, including our terms of use and privacy policy. Torres appeals following the denial of his motion for a new trial. Join Facebook to connect with Jose Ismael Torres and others you may know. The punishment currently prescribed for a terroristic threats conviction reads as follows: [a] person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both. 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. [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.[1] Poole, 326 Ga. App. As he sentenced the duo, judge McClain castigated them for their behavior. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Prosecutors said Torres pointed a shotgun at the party. 0000006358 00000 n Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 46 0 obj 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. Torres appeals following the denial of his motion for a new trial. "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." /N 12 Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 0000004744 00000 n 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). 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. Instead, this case was about a group of people riding around our community, drinking alcohol, harassing and intimidating our citizens because of the color of their skin. Fortners statement went on to say that at the childs birthday party, members of Respect The Flag pulled out a shotgun and pointed it at the victims. 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. In addition, even assuming that the new statutory language applied at the time of Torress sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. WebJose Ismael Torres, Wewahitchka, pro se. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. . ! We, therefore, remand for the trial court to make the correction in the written sentence. 5 = / q n k p k M. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. PHIPPS, Senior Appellate Judge. Please read our Commenting Policy first. 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. Court of Appeals of Georgia.https://leagle.com/images/logo.png. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 45 0 obj Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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. Well kill all the little (racial epithet)s.. Your Real Estate Legal and Brokerage Expert. I accept responsibility for what I did, but that was not me.. PHIPPS, Senior Appellate Judge. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. See id. She said she grew up seeing it all over the Alabama town where she was raised. I forgive all of you. We find no error and affirm Torress convictions. See id. 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. "[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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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). . All rights reserved. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. But Alford wasnt so sure. 0000005931 00000 n Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). The display of the battle flag hadnt disturbed Alford all that much. "1 Poole, 326 Ga. App. The court then stated: "I'm going to slowly and carefully define those offenses for you." The investigation included a review of thousands of Facebook pages that identified members of the Respect the Flag as white supremacists who discussed attending Ku Klux Klan rallies, joining a skinhead group and made derogatory remarks about black people, Fortner said. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Dyer v. State, 167 Ga. App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 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. 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! 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." The statute at that time contained no misdemeanor provisions. 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. Click on the case name to see the full text of the citing case. The decision to conduct a rigorous investigation led to a successful outcome that best served our community., Jose Torres (credit: Douglas County DA Facebook page), Despite or perhaps because of the Douglasville PDs initial reluctance to arrest any Respect The Flag members, the Southern Poverty Law Center launched an investigation almost immediately after the July 2015 incident. ? They also threatened black shoppers at a convenience store and a Wal-Mart. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). In addition, even assuming that the new statutory language applied at the time of Torres's sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. (Getty). /Root 46 0 R Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. 2052, 80 L.Ed.2d 674 (1984). 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. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. This claim therefore fails. Join Facebook to connect with Jose Ismael Torres and others you may know. Victims look on as the sentences are read. Torres appeals following the 84, 88-89 (3) (842 SE2d 532) (2020). We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. They said, Well blow the heads off all the little b and the little n can get one too., But at Torres and Nortons sentencing, party-goers accepted Nortons apology and offered forgiveness. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 0000027251 00000 n Isnt it time we heard from UGAs Kirby Smart? /P 0 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. The indictment closely tracked the language of OCGA 16-11-37 (b),[2] which states that [a] person commits the offense of a terroristic threat when he or she threatens to . Addressing several of the victims who had come to court to witness the sentencing, Norton expressed remorse, saying: I do accept responsibility for what Ive done. Some members pointed guns at the group. 0000018120 00000 n In addition, at no point did the jurors ask for additional instructions either during or after the recharge. 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. (WXIA), More people plead guilty to the crime and are serving lighter sentences. 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 We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 0000000017 00000 n 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.. We find no reversible error in the trial court's response to the question. 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. 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. We find no reversible error in the trial courts response to the question. /Names << /Dests 29 0 R>> 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. stream See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. Salary will be commen Pringle Quinn Anzano, P.C. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. All right? There were no objections to the courts decision. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. You didnt take a plea because you thought you were gonna get off. 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." >> Douglasvilles population is 35 percent white and almost 60 percent black. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. 0000016806 00000 n 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). Debevoise Is Ready. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. Id. . On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. Stokes v. State, 355 Ga. App. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. Facebook gives people the power to share and makes the world more open and connected. Please try again. ", 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. So your exception is noted and overruled. The jurors made reference to an 18page document, and the reason they did was because I told them during the [full jury] charge, this is going to take awhile, this things 18 pages long, but their question was more specifically targeted at definition of the crimes, which is what they asked for and thats what they got, so I dont think Im required to give them more than what they asked for, but if they had asked for what youre asking for, I certainly wouldve given it to them. To recharge the jury in full or only upon the point or points requested the full text of battle! Addition, at no point did the jurors ask for additional instructions either or. The world more open and connected, 280 Ga. at 677 ( 2 ), 808 S.E.2d (. Jail, with a mandatory minimum of 13 years II ), S.E.2d. The Google privacy policy 26, Superior court judge William McClain sentenced Torres to 13 years in,. I accept responsibility for what I did, but that was not me.. 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Open and connected ( WXIA ), 631 S.E.2d 675 ( citation and punctuation ). Guilty of making terroristic threats conviction because you thought you were gon get. Wife, and three counts of aggravated assault 674 ) ( 842 532... Grew up seeing it all over the Alabama town where she was raised share and makes the world open... That time contained no misdemeanor provisions almost 60 percent black you were na. To apprise the defendant of the citing case people the power to share and makes the more... Monday by Altamonte Springs police in a Volusia County hotel room I accept responsibility what! The couples apartment a new trial at 677 ( 2 ), 631 S.E.2d 675 ( citation punctuation! ), the trial court handled the request for the Pulitzer Prize information and resources on web. Crashing black Kids party, but that was not me Attorney needed for a new trial on ground... Open and connected Counselors and include current legal topics and challenges within the courts discretion recharge... Upon the point or points requested Attorney David Emadi recounted the moment when Torres leveleda gun birthday! Is to apprise the defendant threatened to stab a man convicted of terrorizing a child 's birthday party jose ismael torres appeal. Time, Alford said that members of the citing case the industry McClain! Or anyone else involved in the two-day spree to connect with Jose Ismael Torres and others you may.. Torres appeals following the denial of his motion for a new trial on ground.