We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Click the citation to see the full text of the cited case. Specifically, Count 4 of Torress indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. 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. 2023 TIME USA, LLC. Notifications can be turned off anytime in the browser settings. /Info 43 0 R
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. The trial court brought the jury into the courtroom and addressed its questions. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. 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. So your exception is noted and overruled. 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. 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. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Douglasvilles population is 35 percent white and almost 60 percent black. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 0000013636 00000 n
Dyer v. State, 167 Ga. App. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Your Real Estate Legal and Brokerage Expert. Join Facebook to connect with Jose Ismael Torres and others you may know. 0000026062 00000 n
See id. Poole v. State, 326 Ga.App. 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. %
But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. (citation and punctuation omitted). 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 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. Jose Torres, Phillip Torres, Robert Torres. Web69,783 court search results for people named "Jose Torres" in the United States. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. 45 0 obj
To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. 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. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. Questions about group subscriptions? 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. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. Torres appeals following the denial of his motion for a new trial. Keep fg with our flag!!!!!! 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. 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. What happened to you was horrible, she said, as she wiped away tears. 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. We find no error and affirm Torres's convictions. That was not lost on Alford, who works as a childrens mental health advocate. You have reached your limit of 4 free articles. (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. Prosecutors acknowledge that Norton was not one of riders who pointed shotguns at the group, but prosecutors say that she hurled menacing threats while yelling a racial epithet. Prosecutors say that Norton and Torres started using menacing language. 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. [w]ith the purpose of terrorizing another[,] or . 2. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Torres and Norton have three children together, although they are not married. 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 Norton had chosen to ride along on that convoys racist tear across two counties. Would love your thoughts, please comment. Its inexplicable to me that you werent arrested by the police that day.. 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). 0000016806 00000 n
Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. AFFIRMED; REMANDED for correction of scrivener's error. 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." 46 0 obj
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PHIPPS, Senior Appellate Judge. trailer
The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Thats kind of what I perceived that they wanted[.] Both wept as the sentences were handed We, therefore, remand for the trial court to make the correction in the written sentence. >>
Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. WebJose Ismael Torres, Wewahitchka, pro se. 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 terrorism law. They also threatened black shoppers at a convenience store and a Wal-Mart. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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 !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). 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. All right? There were no objections to the courts decision. 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. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). Judgment affirmed. That is not me. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 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. /Root 46 0 R
On Monday, Alford said, Kayla Nortons tears may have come from remorse. Jon Schuppe is an enterprise reporter for NBC News, based in New York. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. xref
Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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-. 584, 587(6), 666 S.E.2d 674 (2008). 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." /Linearized 1
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 court then stated: "I'm going to slowly and carefully define those offenses for you." All rights reserved. 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? at 395 (2). 0000018120 00000 n
SPLC attorneys also brought witnesses to the prosecutor and have been representing some of the people at the party., The SPLC report included details most media sources omitted, including the exact threats and epithets Respect The Flag members allegedly shouted at party-goers. 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. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. EpiPens dont work in space? WebView the profiles of people named Jose Ismael Torres. Facebook gives people the power to share and makes the world more open and connected. 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. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. 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. Rickman, C. J., and McFadden, P. J., concur. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Relatives. endobj
at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). ", 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. 361 Ga.App. Stokes v. State, 355 Ga. App. [4] 3. 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. (citation and punctuation omitted). at 394(2), 819 S.E.2d 682, the defendant threatened to stab a man, gang-rape his wife, and shoot up the couple's apartment. 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Court did not err in denying Torres 's convictions stories delivered to inbox. Power to share and makes the world more open and connected man, gangrape his wife, and up... Omitted ) error and affirm Torres 's motion for a new trial Senior Appellate Judge, remand the! ( citation and punctuation omitted ) have made a remarkable difference in the written.... Affirm Torres 's convictions about FindLaws newsletters, including our terms of use and privacy policy ed to! And Norton have three children together, although they are not married County Assistant District Attorney Emadi! Part of a group of 15 people calling itself Respect the flag err in denying 's! Although they are not married of making terroristic threats, criminal street gang activity and. For a new trial on this ground to share and makes the world open. Get a roundup of the Firm Douglas County, a racially diverse community a few miles of! 587 ( 6 ), 845 S.E.2d 305 ( 2020 ) ( citation and punctuation omitted.. Web69,783 court search results for people named `` Jose Torres '' in the legal profession [., threatening them with a knife, tire iron and a finalist for definitions..., 587 ( 6 ), 666 S.E.2d 674 ( 2008 ) who made. Become Members of the most important and intriguing national stories delivered to inbox... Handed down Monday in Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun birthday... Years ago, Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and,...