A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. /H [ 831 681 ] Rickman, C. J., and McFadden, P. J., concur. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). Several of them were brandishing guns. I am not a mean spirited person and Im sorry for your family that it had to come this far.. Torres appeals following the denial of his motion for a new trial. 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. Strickland, 466 U.S. at 687 (III). Torres appeals following the denial of his motion for a new trial. 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. 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! Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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 Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. /Type /Catalog Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). at 881-882(II), 808 S.E.2d 681. [4] 3. All Rights Reserved. 0000023139 00000 n Example video title will go here for this video. 0000004985 00000 n In addition, at no point did the jurors ask for additional instructions either during or after the recharge. . She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. Jon Schuppe is an enterprise reporter for NBC News, based in New York. The email address cannot be subscribed. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. 1. 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. 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. Also we would like the map display." In Christian, 347 Ga. App. Victims react as the sentences are read. trailer 2. Customer Service| Magazines, Digital Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. "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." That is not me. IE 11 is not supported. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Torres appeals following the Photos: Hate crime in Douglasville, Georgia. Norton was sentenced to 15 years, with a minimum of six to serve. This claim lacks merit. Click on the case name to see the full text of the citing case. In fact, Torress trial counsel specifically testified at the hearing on Torress motion for a new trial that he did not file a general demurrer because although the indictment did not name a specific person, one or more video recordings showed several persons at the party. 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 Relatives. 391, 394 (2) (819 SE2d 682) (2018). Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. See also Martinez-Chavez v. State, 352 Ga.App. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." ! At issue here is how the trial court handled the request for the "definitions of the charges." Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Copyright 2023, Thomson Reuters. Torres and Norton have three children together, although they are not married. 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. 0000018120 00000 n Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . 84, 88-89 (3) (842 SE2d 532) (2020). Facebook gives people the power to share and makes the world more open and connected. Strickland, 466 U.S. at 687(III), 104 S.Ct. See also MartinezChavez v. State, 352 Ga. App. "1 Poole, 326 Ga. App. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. 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 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Dyer v. State, 167 Ga. App. 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. (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. 3. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). WebJose Ismael Torres, Wewahitchka, pro se. 149. That is not me. . That was not lost on Alford, who works as a childrens mental health advocate. You gamble, you win or you lose.. 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. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. 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. 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. 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 Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 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. 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 . 0000043358 00000 n 64 0 obj Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Join Daily Report now! /P 0 Stokes v. State, 355 Ga.App. Receive free daily summaries of new opinions from 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. They also threatened black shoppers at a convenience store and a Wal-Mart. 5d16-4395 state of florida, appellee. OCGA 16-11-37 (d) (1). Web69,783 court search results for people named "Jose Torres" in the United States. 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. 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. 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. 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