Torres appeals following the denial of his motion for a new trial. 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. . See id. Strickland, 466 U.S. at 687(III), 104 S.Ct. 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. . Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." 5 = / q n k p k M. This claim therefore fails. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Here, Torres failed to establish deficient performance. 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. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. Several of them were brandishing guns. 0000004744 00000 n WebTORRES v. The STATE. /Type /Catalog He said it had been his intent to kill black people and start a race war. Listed below are the cases that are cited in this Featured Case. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. See id. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. We, therefore, remand for the trial court to make the correction in the written sentence. 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 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." 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. 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. I forgive you. Credit: Photo provided by Ceciley Pangburn. See also Martinez-Chavez v. State, 352 Ga.App. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. . With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 361 Ga.App. We disagree. Isnt it time we heard from UGAs Kirby Smart? 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. The children at the party heard and saw much of the altercation. at 395 (2). . << seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. Id. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Torres and Norton, from the state of Georgia, 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. << Torres appeals following the 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. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 0000026062 00000 n WebJose Ismael Torres is on Facebook. 142, 143 (1) (834 SE2d 139) (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). RELATED: Racist threats outside black child's party lead to prison sentence. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 361 Ga.App. Jose Angel Fuentes Gago . When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. "[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. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. Torres appeals following the Torres contends that his trial counsel should have filed a general demuurer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. at 881-882(II), 808 S.E.2d 681. 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)[.] 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 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. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. Copyright 2023, Thomson Reuters. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. We disagree. 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. Keep fg with our flag!!!!!! 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 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. Would love your thoughts, please comment. Jon Schuppe is an enterprise reporter for NBC News, based in New York. 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. We disagree. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. I think the tears were mainly because they got caught, Alford said. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. at 247 (2) (citation and punctuation omitted). What happened to you is absolutely awful.. 584, 587 (6) (666 SE2d 674) (2008). Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. /Linearized 1 Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. q Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." 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. 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. 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! Court of Appeals of Georgia.https://leagle.com/images/logo.png. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. What happened to you was horrible, she said, as she wiped away tears. /T 100459 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. 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.. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. I forgive all of you, Bryant said as Norton and Torres wept. 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. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). I wasnt mad about them flying those flags, Alford said. "A general demurrer challenges the validity of an indictment by asserting that the substance of the indictment is legally insufficient to charge any crime, and it should be granted only when an indictment is absolutely void in that it fails to charge the accused with any act made a crime by the law." >> An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if it states the offense in the terms and language of [the Georgia] Code or so plainly that the nature of the offense charged may easily be understood by the jury. (WXIA), More people plead guilty to the crime and are serving lighter sentences. See Bautista v. State, 305 Ga. App. @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. 2052. 0000018120 00000 n Confederate flag supporters at the South Carolina capitol. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorneys performance was deficient and that he was prejudiced by the deficient performance. The display of the battle flag hadnt disturbed Alford all that much. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. We find no error and affirm Torress convictions. 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. ( $ x A C 4 W Stay up-to-date with how the law affects your life. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). They were found guilty earlier this month. trailer at 881 882 (II). Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). 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. He asserts that (1) the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury, and (2) his trial counsel rendered ineffective assistance by failing to make a general demurrer to the terroristic threats count in the indictment. 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). . 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. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. At issue here is how the trial court handled the request for the "definitions of the charges." 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. 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. Powered by. endobj 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). Prosecutors say that Norton and Torres started using menacing language. After their release, the two are permanently banned from Douglas County. 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