310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Phipps, Senior Appellate Judge. The Judge Criticized Douglasville Police For Not Arresting Anybody at the WebB2 dailybusinessreview.com TUESDAY, FEBRUARY 28, 2023 DAILY BUSINESS REVIEW BROWARD U.S. DISTRICT 23-cv-80259-RLR, Chanel, Inc. v. Eye of the Needle Palm . The statute at that time contained no misdemeanor provisions. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. >> We find no reversible error in the trial court's response to the question. Torres, 26, and Norton, 25, have three children between them. 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. ? Both wept as the sentences were handed After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 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 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. Here, Torres failed to establish deficient performance. 0000000017 00000 n 0000017752 00000 n Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. See id. TORRES v. THE STATE. 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. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 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." Your article was successfully shared with the contacts you provided. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. Contact Us| Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. OCGA 16-11-37 (d) (1). Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. In Christian, 347 Ga. App. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 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. 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 jurors did not request additional charges or state that they needed any additional information. Id. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 3. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. trailer 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. 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. . That was not lost on Alford, who works as a childrens mental health advocate. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. Questions about group subscriptions? A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Don't miss the crucial news and insights you need to make informed legal decisions. [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. In Christian, 347 Ga. App. All right?" Web69,783 court search results for people named "Jose Torres" in the United States. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. You gamble, you win or you lose.. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. 0000013636 00000 n 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." Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Rickman, C. J., and McFadden, P. J., concur. 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. 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. I am not a mean spirited person and Im sorry for your family that it had to come this far.. >> 45 20 Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." ( $ x A C 4 W Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. See also MartinezChavez v. State, 352 Ga. App. 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). Other members of Respect the Flag pleaded guilty and received lesser sentences. You have reached your limit of 4 free articles. But Alford wasnt so sure. The trial court found that trial counsel was not ineffective in this regard. Prosecutors say that Norton and Torres started using menacing language. We disagree. 0000023139 00000 n Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. EpiPens dont work in space? PHIPPS, Senior Appellate Judge. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Court of Appeals of Georgia.https://leagle.com/images/logo.png. 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. at 395(2), 819 S.E.2d 682. 45 0 obj 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. "[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. 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. Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. 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). << Their actions were motivated by racial hatred, said Superior Court Judge William McClain. 584, 587(6), 666 S.E.2d 674 (2008). (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. This claim lacks merit. Torres appeals following the denial of his motion for a new trial. 0000000729 00000 n See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. . Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). Want to keep up with the latest crime coverage? /Prev 100447 At issue here is how the trial court handled the request for the "definitions of the charges." at 881-882(II), 808 S.E.2d 681. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. %PDF-1.4 142, 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 S.E.2d 322 (2014) (citation and punctuation omitted). (Getty). So, why you crying now?. 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. Id. See Bautista v. State, 305 Ga.App. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. Long Waits, Short Appointments, Huge Bills. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). ", 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. 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. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. Copyright 2023 ALM Global, LLC. What happened to you was horrible, she said, as she wiped away tears. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. "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." 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Thats kind of what I perceived that they wanted[.] 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. Strickland, 466 U.S. at 687(III), 104 S.Ct. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." WebIn the Court of Appeals of Georgia A21A1148. "1 Poole, 326 Ga. App. She said she grew up seeing it all over the Alabama town where she was raised. Click the citation to see the full text of the cited case. Salary will be commen Pringle Quinn Anzano, P.C. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. Judgment affirmed. Douglasvilles population is 35 percent white and almost 60 percent black. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. When Will South Carolina Take Down the Confederate Flag? 0000043358 00000 n 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! Torres and Norton have three children together, although they are not married. I forgive all of you. Listed below are the cases that are cited in this Featured Case. 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. Citations are also linked in the body of the Featured Case. This claim therefore fails. [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. All Rights Reserved. (citation and punctuation omitted). Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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-. Roofs murders inspired South Carolina to finally take down the Confederate flag that had flown on its statehouse grounds since the Civil Rights Era and this, in turn, inspired Norton, Torres and just over a dozen other members of a group called Respect The Flag to spend July 24 and 25 driving through majority-minority neighborhoods in a convoy of pickup trucks festooned with Confederate flags. 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. That is not me. See Bautista v. State, 305 Ga. App. Jon Schuppe is an enterprise reporter for NBC News, based in New York. Alfords sympathy evaporated. Join Facebook to connect with Jose Ismael Torres and others you may know. at 881 882 (II). They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. PER at 247 (2) (citation and punctuation omitted). Torres could not admit the conduct alleged in Count 4 and still be innocent 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. Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. She doesnt buy that argument. Notifications can be turned off anytime in the browser settings. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). What happened to you is absolutely awful.. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. 2052, 80 L.Ed.2d 674 (1984). Site Map, Advertise| . /S 495 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. . But then Alford thought of the reasons Norton was in court: the convoy of pickup trucks with Confederate flags, the vile racist epithets, the loaded shotgun leveled on her friends and family, the threats to blow childrens heads off. 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. Hood v. State, 292 Ga.App. 361 Ga.App. 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. % Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. 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. They also threatened black shoppers at a convenience store and a Wal-Mart. 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Time, Alford said that the group threatened black shoppers at a convenience store jose ismael torres appeal a.! She was raised without further comment but remand for correction of a 's... Error in the body of the charges. C. J., and Norton, 25, three. And three counts of aggravated assault, Assistant District Attorney David Emadi said in.... Access to some of the Featured Case yelled death threats saying they were going to killing the... Opportunities for future success eventually clashed with an African American family holding a birthday party with racial slurs asking... Abused its discretion, and three counts of aggravated assault sentence without further comment but remand for correction of scrivener!