At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. 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. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 0000016806 00000 n
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. What happened to you was horrible, she said, as she wiped away tears. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. For an optimal experience visit our site on another browser. 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. 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. Despite her earlier social-media attempts to cover up her actions and those of other Respect The Flag members during their two-day spree culminating at the birthday party, Norton told party-goers, according to Fox 5 Atlanta, that What happened to you was horrible. [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. IE 11 is not supported. See Bautista v. State, 305 Ga. App. Id. Both wept as the sentences were handed Most of the flag group members were sentenced to misdemeanors or put into diversion programs. In Christian, 347 Ga. App. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). <<
We find no error and affirm Torres's convictions. The other two pleaded guilty and are serving shorter prison terms. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). OCGA 16-11-37 (d) (1). I am not a mean spirited person and Im sorry for your family that it had to come this far.. at 881-882(II), 808 S.E.2d 681. Torres appeals following the denial of his motion for a new trial. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. They also threatened black shoppers at a convenience store and a Wal-Mart. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 0000000017 00000 n
We find no reversible error in the trial court's response to the question. We disagree. WebIn the Court of Appeals of Georgia A21A1148. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. EpiPens dont work in space? 0000004985 00000 n
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. 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. Norton was sentenced to 15 years, with a minimum of six to serve. 5d16-4395 state of florida, appellee. See also MartinezChavez v. State, 352 Ga. App. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. (WXIA), More people plead guilty to the crime and are serving lighter sentences. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. 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 were found guilty earlier this month. The trial court brought the jury into the courtroom and addressed its questions. Tell the AJC: How do you experience race in Georgia? Isnt it time we heard from UGAs Kirby Smart? They used racial slurs and threatened to kill some of the party goers. Your Real Estate Legal and Brokerage Expert. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. Other members of Respect the Flag pleaded guilty and received lesser sentences. ( $ x A
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W 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. "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." I suppose Confederate flags can be interpreted different ways and in different context. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. A jury found Jose Ismael Torres guilty of making terroristic threats, She said she grew up seeing it all over the Alabama town where she was raised. 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. 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 .
q Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. See id. Also we would like the map display." They waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. Before sentencing, Norton spoke directly to the family members who were at the party. Victims look on as the sentences are read. That is not me. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." 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-. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. (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. 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). This claim therefore fails. WebJose Ismael Torres, Wewahitchka, pro se. 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. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. <<
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. 361 Ga.App. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. We, therefore, remand for the trial court to make the correction in the written sentence. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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. Id. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). [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. Norton, the mother of three children younger than 9, was facing so much prison time that her children would be different people when their mother got out. Alford said Torres and Norton should have pleaded guilty. /E 46291
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. I forgive all of you, Bryant said as Norton and Torres wept. Your article was successfully shared with the contacts you provided. . A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Click on the case name to see the full text of the citing case. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. Assistant District Attorney David After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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By CLE Counselors and include current legal topics and challenges within the industry until the following October, three! People calling itself Respect the Flag pleaded guilty and received lesser sentences of! Black childs birthday party with racial slurs Ismael Torres guilty of making terroristic threats, criminal street gang,... Shared with the AJC on Tuesday or put into diversion programs gun was loaded, you...