Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 0000004985 00000 n License our industry-leading legal content to extend your thought leadership and build your brand. Both options are priced the same. Torres and Norton have three children together, although they are not married. Although the jurors note contained a parenthetical reference to the 18-page document that comprised all jury instructions, the note specifically requested the definitions of the charges. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. 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. 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. 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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A jury found Jose Ismael Torres guilty of making terroristic threats, 0000027840 00000 n Tell the AJC: How do you experience race in Georgia? 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). 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. All right? There were no objections to the courts decision. 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. The register of actions Jose Ismael Torres, 26, will spend 13 years in prison and his partner Kayla Rae Norton, 25, is to serve six years for what a judge described as "actions motivated by racial hatred". Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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)[.] Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. at 395 (2). /ID [] . 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. 0000005931 00000 n Listed below are the cases that are cited in this Featured Case. Join Facebook to connect with Jose Ismael Torres and others you may know. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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.. The display of the battle flag hadnt disturbed Alford all that much. 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. 0000013636 00000 n 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. << See also Martinez-Chavez v. State, 352 Ga.App. However, "it [is] within the court's discretion whether to recharge the jury in full or only upon the point or points requested by the jury." Summers is serving four years in prison and Henderson is serving two. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. Both wept as the sentences were handed WebView the profiles of people named Jose Ismael Torres. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Magazines, Digital Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. 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. During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. >> 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 [c]ommit any crime of violence [w]ith the purpose of terrorizing another[,] or [i]n reckless disregard of the risk of causing the terror." To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Magazines, Or create a free account to access more articles, Georgia Pair Sentenced to Prison for Perpetrating Hate Crime at Black Child's Birthday Party. WebGet free access to the complete judgment in Torres v. State on CaseMine. All rights reserved. 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.. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. I forgive all of you, Bryant said as Norton and Torres wept. Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were convicted this month of violating the state's street-gang terrorism law and have been held without bond as they await sentencing. In Christian, 347 Ga. App. I wasnt mad about them flying those flags, Alford said. 0000026062 00000 n See Bautista v. State, 305 Ga. App. . 0000001815 00000 n 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 . 0000004744 00000 n Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. trailer I accept responsibility for what I did, but that was not me.. Fox 5 Atlanta reported that Hyesha Bryant, who was at the party with her three children, said We all have to be held accountable for our actions. 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. 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. Example video title will go here for this video. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. 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 . Torres appeals following the Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). See Maynard v. State, 355 Ga.App. Phipps, Senior Appellate Judge. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Two others had earlier pleaded guilty to similar charges and received lesser sentences. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. at 881 882 (II). Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). Dyer v. State, 167 Ga. App. Click the citation to see the full text of the cited case. They were found guilty earlier this month. Receive free daily summaries of new opinions from Norton had chosen to ride along on that convoys racist tear across two counties. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). Web3/16/2023 6534034 chavarria jose 3/16/2023 6538208 diaz henry 3/16/2023 6516693 divine mark 3/16/2023 6538167 geghamyan hovhannes 3/16/2023 6540374 gonzalez luis 621, 627 (2) (760 SE2d 630) (2014) (counsels performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. 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