Stay up-to-date with how the law affects your life. 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. They got what they got, she said. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 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. On Monday, Superior Court Judge William McClain, who described the pairs actions as being motivated by racial hatred, sentenced Torres to 20 years, with 13 to serve in prison, and Norton to 15, with six to serve. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Torress counsel stated: As I understood the question, they were asking about the 18page document. Would love your thoughts, please comment. 2052, 80 L.Ed.2d 674 (1984). WebJose Ismael Torres is on Facebook. 45 20 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. Torres appeals following the (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 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. Powered by. 2052. 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. . 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). 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. /N 12 0000006358 00000 n WebGet free access to the complete judgment in Torres v. State on CaseMine. When Will South Carolina Take Down the Confederate Flag? He said it had been his intent to kill black people and start a race war. 0000026308 00000 n License our industry-leading legal content to extend your thought leadership and build your brand. 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. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Your article was successfully shared with the contacts you provided. at 247 (2) (citation and punctuation omitted). You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. All right?" [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. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. (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. 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. . 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. We find no error and affirm Torres's convictions. Rickman, C. J., and McFadden, P. J., concur. %PDF-1.4 Dyer v. State, 167 Ga. App. 0000016806 00000 n 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. I think the tears were mainly because they got caught, Alford said. The register of actions /Size 65 Torres asserts, without any citation to authority, that threatening to shoot an individual does not constitute a threat suggesting the death of the threatened victims. /Type /Catalog 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. 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. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. See Maynard v. State, 355 Ga.App. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. 584, 587(6), 666 S.E.2d 674 (2008). In Christian, 347 Ga. App. 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. Credit: Photo provided by Ceciley Pangburn. See also MartinezChavez v. State, 352 Ga. App. I suppose Confederate flags can be interpreted different ways and in different context. xref We disagree. Jose Torres, Phillip Torres, Robert Torres. 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. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. 84, 88-89 (3) (842 SE2d 532) (2020). Phipps, Senior Appellate Judge. 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. 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. That October, after a grand jury handed down indictments, the SPLC took partial credit for this, noting that it turned over videos and other evidence to Douglasville District Attorney Brian K. Fortner. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. /Root 46 0 R 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. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. A jury found Jose Ismael Torres guilty of making terroristic threats, They were found guilty earlier this month. 361 Ga.App. Salary will be commen Pringle Quinn Anzano, P.C. endobj 64 0 obj /L 101483 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. 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. Stokes v. State, 355 Ga. App. We disagree. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. OCGA 16-11-37 (d) (1). Torres, 26, and Norton, 25, have three children between them. 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. RELATED: Racist threats outside black child's party lead to prison sentence. 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 Join Daily Report now! Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Judgment affirmed. 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). 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. 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). The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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)[.] Assistant District Attorney David 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). 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