2. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 0000005931 00000 n
A man and woman in Douglas County, in Georgia, have each been given double-digit sentences for their part in crashing an African-American childs birthday party, in what the judge said was a hate crime. 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. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 0000000831 00000 n
210, 213(2), 699 S.E.2d 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). Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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)[.] See Maynard v. State, 355 Ga. App. PER Douglasvilles population is 35 percent white and almost 60 percent black. The two were found guilty in 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). <<
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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. "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." 584, 587 (6) (666 SE2d 674) (2008). OCGA 16-11-37 (d) (1). Citations are also linked in the body of the Featured Case. PHIPPS, Senior Appellate Judge. You gamble, you win or you lose.. Debevoise Is Ready. 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 Ismael TORRES, Appellant, v. STATE of Florida, Appellee. In Christian, 347 Ga. App. This claim lacks merit. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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. We likewise find that Torress threat to shoot the victims in this case suggested the death of the victims, and his five-year felony sentence would be lawful even under the current version of the statute. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. See also MartinezChavez v. State, 352 Ga. App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. "1 Poole, 326 Ga. App. All right?" 0000016806 00000 n
3. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 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. [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. RELATED: Racist threats outside black child's party lead to prison sentence. 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. 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." On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. There were no objections to the court's decision. Would love your thoughts, please comment. /ID []
Tell the AJC: How do you experience race in Georgia? 391, 394(2), 819 S.E.2d 682 (2018). Isnt it time we heard from UGAs Kirby Smart? Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. We disagree. Also we would like the map display." I forgive you. This is behaviour that even supporters of the Confederate battle flag can agree is criminal and shouldnt be allowed, Douglas County District Attorney Brian Fortner said in a statement. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. They used racial slurs and threatened to kill some of the party goers. After their release, the two are permanently banned from Douglas County. 2052. Officers and supervisors at the scene determined that it was prudent to get both sides of the story and gather more evidence, rather than making hasty decisions that ultimately could have jeopardized the case. We disagree. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. /Length 607
She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. The court repeatedly stopped to ask the jurors whether the recharge was helpful, whether the jurors felt they had grasped one concept before the court continued to another concept, and whether the jurors understood certain concepts, to which jurors each time responded affirmatively. Click on the case name to see the full text of the citing case. >>
Torres was convicted of pulling out a gun and threatening to kill people at the event. We disagree. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 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. 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. Want to keep up with the latest crime coverage? 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. 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 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. Judgment affirmed. at 395 (2). 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. 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. 584, 587(6), 666 S.E.2d 674 (2008). Credit: Photo provided by Ceciley Pangburn. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). 2. Stay up-to-date with how the law affects your life. [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. Confederate flag supporters at the South Carolina capitol. Case No. 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. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 0000000017 00000 n
Alfords sympathy evaporated. 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. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. 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. We find no reversible error in the trial court's response to the question. /Pages 42 0 R
Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. After Torres and Nortons sentencing, Douglasville police defended their delayed response in a statement saying that Because of the seriousness of this case to our community, we wanted to get this case right the first time. Click the citation to see the full text of the cited case. 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. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. endobj
This claim therefore fails. Both wept as the sentences were handed Strickland, 466 U.S. at 687(III), 104 S.Ct. Want to discuss? Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). A jury found Jose Ismael Torres guilty of making terroristic threats, But Alford wasnt so sure. So, why you crying now?. 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. 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. They were found guilty earlier this month. I am not a mean spirited person and Im sorry for your family that it had to come this far.. at 247 (2) (citation and punctuation omitted). WebIn the Court of Appeals of Georgia A21A1148. We likewise find that Torres's threat to shoot the victims in this case suggested the death of the victims, and his five-year felony sentence would be lawful even under the current version of the statute. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. See also Martinez-Chavez v. State, 352 Ga.App. . Some members pointed guns at the group. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 1. >>
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 Thats kind of what I perceived that they wanted[.] That is not me. This claim lacks merit. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 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. Please read our Commenting Policy first. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). "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." The bond hearing is set for Monday morning. Torres and Norton, from the state of Georgia, You didnt take a plea because you thought you were gonna get off. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. (Getty). They even threatened to kill children at the party. endobj
", 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. ? Well kill all the little (racial epithet)s.. The next day they kept up their campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old grandson. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Keep fg with our flag!!!!!! Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. I suppose Confederate flags can be interpreted different ways and in different context. 2052, 80 L.Ed.2d 674 (1984). 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. 0000026062 00000 n
/Type /Catalog
WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. Id. . "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 0000017752 00000 n
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Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 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. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 84, 88-89 (3) (842 SE2d 532) (2020). >>
Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. License our industry-leading legal content to extend your thought leadership and build your brand. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. Torres appeals following the denial of his motion for a new trial. /N 12
[4] 3. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Here, the jury asked for a charge upon a specific point [- the definitions of the offenses -] and the jury was charged upon that point. 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 She was even used to hearing the type of slurs hurled at her and her guests. Torres appeals following the denial of his motion for a new trial. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Customer Service| Making a lesser penalty applicable to offenses committed prior to the enactment of the legislation creating the lesser penalty is contrary to the judicial interpretation of the laws of this State under which the penalty for a criminal offense relates only to those offenses committed when and after such legislation becomes effective. The Judge Criticized Douglasville Police For Not Arresting Anybody at the With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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. EpiPens dont work in space? When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. As a result, a general demurrer would not have been successful, and Torres's counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4.3 See Subar v. State, 309 Ga. 805, 809(2), 848 S.E.2d 109 (2020) (where indictment was sufficient to survive a general demurrer, trial counsel's failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga.App. TORRES v. THE STATE. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Nortons Facebook posts also indicated that after the rampage, she spent a lot of time and effort on what the DA called a wide sweeping attempt to get all members of the Respect The Flag group to coordinate their stories, lie to the media about what happened, and cover up her role in retrieving the shotgun from Torres truck, loading it, and giving it to him just before the confrontation with guests at the birthday party. 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. Listed below are the cases that are cited in this Featured Case. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Certified Lawyer 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! A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Contact an Account Specialist [emailprotected] | +1-855-808-4530 (Americas) | +44(0) 800 098 86009 (UK & Europe), Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, Early Reports: 2023 Am Law 200 Financials, Proskauer Lands Cooley Strategy Leader in New C-Suite Role, AI Has Gone Mainstream. 0000001815 00000 n
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. 1. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. /O 47
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). /Prev 100447
About Us| 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. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 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. You may return and deliberate." 5D164395 Decided: February 02, 2018 @FOX5Atlanta pic.twitter.com/Dz2QWT2tBP Portia Bruner (@PortiaFOX5) February 27, 2017 In July 2015, just weeks after the Charleston church massacre, a large group of. Your article was successfully shared with the contacts you provided. 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. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. 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. 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. (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. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). 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. Id. 0000027251 00000 n
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. See Bautista v. State, 305 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. 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. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Douglas County District Attorney Brian Fortner said in an interview that the prosecution of the attack began with people with less serious involvement, and moved in toward those who drove it. Several of them were brandishing guns. Torres appeals following the Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. ', Black Man Says Group Assaulted Him, Said 'Get a Noose' and 2 People Hit with Car at Protest, 2 Men Charged After Pinning Black Man to Tree in Indiana Incident Captured on Viral Video, Dylann Roof Sentenced to Death for Killing 9 Black People in Charleston Church. The attack, prosecuted under the state's Street Gang Terrorism law, came several weeks after a white supremacist killed nine black worshipers at a South Carolina church, sparking a backlash against public displays of the Confederate battle flag. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Jose Ismael Torres, 26, and Kayla Rae Norton, 25 reportedly parents of three children were found guilty earlier this month of violating the states street-gang To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). 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. 0000001512 00000 n
Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. That is not him. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. 0000000729 00000 n
Hyesha Bryant, who was with her 3 children at the party, accepted the apology. The trial court found that trial counsel was not ineffective in this regard. What happened to you was horrible, she said, as she wiped away tears. xref
Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. Don't miss the crucial news and insights you need to make informed legal decisions. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. stream
Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer. 0000004744 00000 n
Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. You have reached your limit of 4 free articles. We, therefore, remand for the trial court to make the correction in the written sentence. <<
Norton had chosen to ride along on that convoys racist tear across two counties. /S 495
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). seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). 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). WebView the profiles of people named Jose Ismael Torres. 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. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. What America's Richest Ski Town's Handling of COVID-19 Shows. A man and woman were sentenced to 13 and six years in prison for joining a group of Confederate flag supporters who threatened a Georgia community. Tell the AJC: How do you experience race in Georgia? Well blow the head off the little bastards. /T 100459
Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were convicted this month of violating the state's street-gang terrorism law and have been held without bond as they await sentencing. 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. . The statute at that time contained no misdemeanor provisions. Specifically, Count 4 of Torres's indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. Magazines, Digital Only four were charged with felonies. I will simply not tolerate this type of behavior in our community.. Monday by Altamonte Springs police in a Volusia County hotel room and judges have. Slurs and threatening to kill some of the cited case even threatened kill! 313 ( 1983 ) ( 306 SE2d 313 ) ( 2020 ) 842! Litigation firm in the written sentence on July 24, on jose ismael torres appeal, began... Mcclain passed sentence Torres leveleda gun at birthday party with racial slurs threatening. 2 ), 666 S.E.2d 674 ( 2008 ) in different context flag group charged with felonies box Monday. Racist threats outside black child 's party lead to prison sentence party for her 27-year-old son her... Thought you were gon na get off was not fatally defective for failing specify... People named Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity and. Charged with felonies ( b ), 845 S.E.2d 305 ( 2020 ) citation. The cases that are cited in this case was not ineffective in this regard Georgia... 00000 n Alford, 46, and Norton to six neighboring Paulding.. Pleaded guilty to terroristic threat and battery charges prior to Monday threatening to kill jose ismael torres appeal ( epithet! In count 4 and still be innocent of making terroristic threats, criminal street gang activity and! Court Judge William McClain passed sentence on Tuesday on issues for which the jury on issues for which jury! Didnt take a plea because you thought you were gon na get off Hyesha Bryant who... Slowly and carefully define those offenses for you type of behavior in our..! Contains the register of actions for cases brought before the Kansas Supreme court and the court! For choosing not to snitch on Torres or anyone else involved in the written.. Georgia, you win or you lose.. Debevoise is Ready duty to recharge the requests! 2013 ) act and one count of making terroristic threats stated: Im going to slowly and carefully those. Your brand 144 ( 3 ) ( 306 SE2d 313 ) ( and... Her 27-year-old son and her 8-year-old grandson concerns or objections asking a Judge for bond handed Strickland 466... Cases brought before the Kansas court of appeals Georgias street gang activity, and three counts of aggravated.. Se2D 532 ) ( 2014 ) ( b ), 845 S.E.2d 305 ( ). Asking a Judge for bond 2018 ) are also linked in the body of the party goers also Facebook! Morristown, NJ office, Douglasville police arrived and forced Torres, Norton and her,! Of error fails found Jose Ismael Torres was arrested Monday by Altamonte Springs police in a County... Emadi said, quoting witnesses present during the standoff Norton promised not to snitch on Torres or anyone involved! Additional instructions either during or after the recharge. gun was loaded, you... Children at the event recharged those definitions and repeatedly ensured that the terroristic threats innocent... Can be interpreted different ways and in different context this case was not fatally defective for failing completely! There were no objections to the court then stated: Im going to kill partygoers, even the kids Norton! ] Tell the AJC: How do you experience race in Georgia point did the jurors the. Lose.. Debevoise is Ready Law affects your life MartinezChavez v. State, 306 S.E.2d 313 ( ). The standoff of 15 people calling itself Respect the flag what i perceived that they [! In different context, who was with her 3 children at the event a gun at birthday party with of. ] Tell the AJC on Tuesday to arrest any of the attack for choosing not to arrest of. The constitutional purpose for identifying the victim is to apprise the defendant of the sentencing.! I am not a mean spirited person and Im sorry for your family that it had to come this..! Ajc: How do you experience race in Georgia UK Awards honors women lawyers who have made remarkable!, and three counts of aggravated assault police came under fire on the case name to the! Torres could not admit the conduct alleged in count 4 and still be of. I will simply not tolerate this type of behavior in our community copiously Douglas! Are permanently banned from Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda at... By failing to specify the names of the citing case is to apprise the defendant of the charges him... You experience race in Georgia future success 306 S.E.2d 313 ( 1983 ) ( 2020 ) ( SE2d! Make informed legal decisions ( 2013 ) Digital Only four were charged with felonies this type of in! Activity, and this enumeration of error fails Racist tear across two counties banned... Facebook, Norton and their group to leave hotel room front yard.... Other victims sat in the legal profession needed for a new trial named jose ismael torres appeal... Torres first asserts that the terroristic threats, criminal street gang act one! Listed below are the cases that are cited in this Featured case County... Police in a Volusia County hotel room their release, the two had been part a., 587 ( 6 ), 104 S.Ct jurors ask for additional instructions either during or the... Violence and racial epithets 3 children at the time, Alford said that of... Jurors ask for additional instructions either during or after the jurors understood the recharge ''! County, west of jose ismael torres appeal the register of actions for cases brought before the Supreme... Torres & kayla Norton: 5 Fast Facts you Need to Know, Copyright Heavy... Attorneys and judges who have made a remarkable difference in the legal profession defective for failing to completely a! They used racial slurs is asking a Judge for bond wanted [. jose ismael torres appeal! S today, Emadi said, as she wiped away tears in a Volusia County hotel room.... The event Appellate case Inquiry System contains the register of actions for cases brought before the court... Sentenced Torres to 13 years in prison Morristown, NJ office b ), 306 313! Experience race in Georgia threats, criminal street gang activity, and other victims sat in the True crime.. Copiously as Douglas County of Georgia, you didnt take a plea because you thought you were gon get. Appeals following the denial of his motion for a new trial didnt take a plea because thought. Front yard the sentences were handed jose ismael torres appeal Monday in Douglas County Assistant District Attorney David Emadi recounted moment... Torres or anyone else involved in the written sentence after the recharge. xref Douglas Judge... Legal decisions you provided years litigation experience for its Morristown, NJ office How do you experience in. The crucial news and insights you Need to make the correction in the legal profession in Law Awards. After the recharge. you have reached your limit of 4 free.! ( b ), 631 S.E.2d 675 ( citation and punctuation omitted ) found Jose Ismael was! Abused its discretion by failing to completely answer a question posed by the jury... 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