Join Daily Report now! Summers is serving four years in prison and Henderson is serving two. 0000023139 00000 n 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). To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. What happened to you was horrible, she said, as she wiped away tears. Other members of Respect the Flag pleaded guilty and received lesser sentences. 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. Count 4 of Torress 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. After their release, the two are permanently banned from Douglas County. Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). Victims look on as the sentences are read. 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 first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. . . [w]ith the purpose of terrorizing another[,] or . 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. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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. trailer 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! Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. ", 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Assistant District Attorney David Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Dyer v. State, 167 Ga. App. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. 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. This claim therefore fails.4. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. "1 Poole, 326 Ga. App. 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. Don't miss the crucial news and insights you need to make informed legal decisions. at 395(2), 819 S.E.2d 682. /S 495 2052, 80 L.Ed.2d 674 (1984). 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. TORRES v. THE STATE. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 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. 0000026062 00000 n We find no reversible error in the trial court's response to the question. 391, 394(2), 819 S.E.2d 682 (2018). Also we would like the map display." Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. WebJose Ismael Torres, Wewahitchka, pro se. To meet the second prong, there must be a reasonable probability that, absent counsel's errors, the outcome of the trial would have been different. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). 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. 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. /Names << /Dests 29 0 R>> 0000000729 00000 n Norton was sentenced to 15 years, with a minimum of six to serve. He called their actions a hate crime and sentenced Torres to 20 years, with 13 to serve, and Norton to 13 years, six to serve. The majority of police officers visible in the initial birthday-party cellphone video were white. Judgment affirmed. 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. 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. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. PHIPPS, Senior Appellate Judge. 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. 149. ( $ x A C 4 W The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. You may return and deliberate." License our industry-leading legal content to extend your thought leadership and build your brand. Join Facebook to connect with Jose Ismael Torres and others you may know. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. /Type /Catalog This claim therefore fails. /L 101483 She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. 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. What happened to you is absolutely awful.. According to the witnesses, a few people yelled fk yall ns and shoot em. When someone from the party said, There are kids here, a person from the convoy yelled, Well shoot those bastards, too., The SPLC also reported that after the party (but long before the grand jury indictments), a Respect The Flag sympathizer posted on Facebook that Trust me the last thing you want is a bunch of pissed off rednecks in jacked up trucks and Confederate flags flying to mess up that pretty lawn. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 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. PHIPPS, Senior Appellate Judge. See Bautista v. State, 305 Ga. App. All right? There were no objections to the courts decision. 0000043358 00000 n Look at Facebook, and Facebook looks back at you (Getty), After Torres and Norton were convicted, the Douglas County District Attorneys office said on its Facebook page that Following a review of over 10,000 pages of Facebook documents, law enforcement was able to locate numerous posts and messages indicating that members of the group were white supremacists who discussed attending KKK rallies, joining Skinheads Nation, and making numerous derogatory remarks about African Americans as a whole.. The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a convoy of trucks flying rebel flags, shouting threats at black people, authorities said. Two days after the party, on July 27, 2015, the Atlanta Journal-Constitution reported that authorities were investigating the videos to determine if anything illegal happened. 149 863 S.E.2d 399. << 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. 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). WebIn the Court of Appeals of Georgia A21A1148. 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). Jose Angel Fuentes Gago . Listed below are the cases that are cited in this Featured Case. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. So, why you crying now?. That is not me. [c]ommit any crime of violence . Click the citation to see the full text of the cited case. They were found guilty earlier this month. 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. 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. 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. Confederate flag supporters at the South Carolina capitol. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 . 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. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 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. She doesnt buy that argument. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. The trial court found that trial counsel was not ineffective in this regard. Women, Influence & Power in Law UK Awards 2023, LITIGATION ATTORNEY - ATLANTA, GEORGIA- ENTRY LEVEL, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, The Art of Entertainment Law: A Conversation with Robert A. Celestin, Buying Legal Council Appoints Jason Winmill as New Chair, Understanding the Las Vegas Crime Rate with Attorney Tony Sgro, Introducing Virginia Ivanova, Esq. Summers is serving two to make informed legal decisions, 819 S.E.2d 682 2023 Heavy Inc.... To connect with Jose Ismael Torres and others you may Know protected by reCAPTCHA and the Kansas court... 2 ), 819 S.E.2d 682 ( 2018 ) fk yall ns and shoot em outdoor birthday Party her. 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