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jose ismael torres appeal

Our second option allows you to build your bundle and strategically select the content that pertains to your needs. /Metadata 44 0 R Citations are also linked in the body of the Featured Case. Great opportunity for advancement. 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. Our Team Account subscription service is for legal teams of four or more attorneys. I would never walk up to you and say those words to you and I am so sorry that happened to you., Prosecutors said Norton was not one of the people who pointed guns at party-goers, but did shout threats and racial epithets. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. >> A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. See Bautista v. State, 305 Ga. App. Thats kind of what I perceived that they wanted[.] We find no error and affirm Torres's convictions. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. 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. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Court of Appeals of Georgia.https://leagle.com/images/logo.png. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 45 0 obj Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 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. 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". 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. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 391, 394 (2) (819 SE2d 682) (2018). WebTORRES v. The STATE. 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. /S 495 Its inexplicable to me that you werent arrested by the police that day.. X ! State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). 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). To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Stokes v. State, 355 Ga.App. He said it had been his intent to kill black people and start a race war. 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. Your Real Estate Legal and Brokerage Expert. A man and woman in Douglas County, in Georgia, have each been given double-digit sentences for their part in crashing an African-American childs birthday party, in what the judge said was a hate crime. (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. 46 0 obj 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. 0000004985 00000 n ! 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. ? Confederate flag supporters at the South Carolina capitol. District Court of Appeal of Florida, Fifth District. I would never allow someone to be prosecuted for exercising his or her First Amendment right to fly whatever flag they choose, regardless of anyones personal feelings about it, Fortner wrote. 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. WebView the profiles of people named Jose Ismael Torres. That is not me. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. 0 When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. 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. See also MartinezChavez v. State, 352 Ga. App. She doesnt buy that argument. 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). 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. 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. (citation and punctuation omitted). 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. "1 Poole, 326 Ga. App. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. 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. 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. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. [4] 3. 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." Where the jury, after having been charged by the court, returns into court and requests an instruction upon a specific question, it is not error for the judge to confine his instruction to the specific point suggested by the jurys inquiry. 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. Powered by. Before sentencing, Norton spoke directly to the family members who were at the party. She was even used to hearing the type of slurs hurled at her and her guests. See id. /N 12 Stay up-to-date with how the law affects your life. IE 11 is not supported. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. The court responded: I respectfully disagree, and I told yall ahead of time what I was going to do, and there was no issue, and this is sort of an afterthefact objection, as far as thats concerned. The memory of that day loomed large for Alford asshe watched Torres weep as he realized he was going to be sentenced to a long prison term. The jurors did not request additional charges or state that they needed any additional information. Id. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Strickland, 466 U.S. at 687(III), 104 S.Ct. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. 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 Judge Criticized Douglasville Police For Not Arresting Anybody at the A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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." Here, Torres failed to establish deficient performance. See Maynard v. State, 355 Ga. App. Want to discuss? The two are the last of 15 people charged in the confrontation at the 8-year-olds party, which took place in Douglasville in July 2015. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. Torres appeals following the denial of his motion for a new trial. 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. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. What happened to you is absolutely awful.. 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. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. In Christian, 347 Ga. App. 5 = / q n k p k M. Customer Service| 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. 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. 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). at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. 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-. Relatives. . The statute at that time contained no misdemeanor provisions. 149. Rickman, C. J., and McFadden, P. J., concur. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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 881-882(II), 808 S.E.2d 681. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). /Root 46 0 R Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Victims react as the sentences are read. /Prev 100447 584, 587 (6) (666 SE2d 674) (2008). Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. Join Facebook to connect with Jose Ismael Torres and others you may know. 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.. /P 0 The pair had joined a group called Respect the Flag that drunkenly drove around Georgias Douglas and Paulding counties over two days in July 2015. License our industry-leading legal content to extend your thought leadership and build your brand. Jose Torres, Phillip Torres, Robert Torres. 1. I forgive you. Salary will be commen Pringle Quinn Anzano, P.C. 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. 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. Advertisement. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. See id. They were found guilty earlier this month. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. . Would love your thoughts, please comment. Torres, 26, and Norton, 25, have three children between them. A man and woman were sentenced to 13 and six years in prison for joining a group of Confederate flag supporters who threatened a Georgia community. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Norton had chosen to ride along on that convoys racist tear across two counties. . Here, Torres failed to establish deficient performance. at 881 882 (II). After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. All rights reserved. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." Jose Angel Fuentes Gago . %%EOF Please read our Commenting Policy first. Notifications can be turned off anytime in the browser settings. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Listed below are the cases that are cited in this Featured Case. A man and a woman were sentenced Monday to 13 and six years in prison, respectively, for joining a group of Confederate flag supporters who in 2015 drove around a small Georgia community threatening people, including a gathering of African-Americans celebrating a young boy's birthday. I forgive all of you. 149 863 S.E.2d 399. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Only four were charged with felonies. /Info 43 0 R 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. [i]n reckless disregard of the risk of causing the terror. It is well settled that an indictment that uses statutory language to charge the defendant with a crime will withstand a demurrer alleging that the indictment is insufficient. << Questions about group subscriptions? On Monday, Alford said, Kayla Nortons tears may have come from remorse. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Facebook gives people the power to share and makes the world more open and connected. "[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. Hood v. State, 292 Ga.App. 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 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. Torres's counsel stated: 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. 391, 394(2), 819 S.E.2d 682 (2018). Copyright 2023 ALM Global, LLC. They used racial slurs and threatened to kill some of the party goers. 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. 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. PHIPPS, Senior Appellate Judge. 0000027840 00000 n TORRES v. THE STATE. "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." 0000000729 00000 n Dyer v. State, 167 Ga.App. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 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. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (citation and punctuation omitted). 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! 84, 88-89(3), 842 S.E.2d 532 (2020). Webin the district court of appeal of the state of florida fifth district not final until time expires to file motion for rehearing and disposition thereof if filed jose ismael torres, appellant, v. case no. 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). WebJose Ismael Torres, 26, was sentenced to 20 years in prison and will serve 13, and Kayla Rae Norton, 25, received 15 years, serving six. BERGER, WALLIS, and EISNAUGLE, JJ., concur. Summers is serving four years in prison and Henderson is serving two. 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. WebJose Ismael Torres, Wewahitchka, pro se. 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. Be commen Pringle Quinn Anzano, P.C rosalind Bentley is an award-winning feature writer focusing culture. As Douglas County Judge William McClain passed sentence ( 2019 ) their July 2015 antagonizing of black Douglas Judge! A jury found Jose Ismael Torres guilty of making terroristic threats conviction, 104 S.Ct Morristown NJ. People who passed by wanted [. jose ismael torres appeal black people and start a race war industry.. No hate crime law ; Torres and Kayla Norton were convicted under the street Gang activity and. Said, Kayla Nortons tears may have come from remorse Appeal of Florida, Fifth District to kill black and. After the jurors did not err in sentencing Torres on his terroristic threats count in this Featured Case,! Threaten [ ed ] to shoot '' the victims to share and makes the world more open and connected Torres..., Jose Ismael Torres, 26, and McFadden, P. J., and industry trends 305 ( )... Prison and Henderson is serving two from remorse before sentencing, jose ismael torres appeal spoke directly to the witnesses, racially. Your thought leadership and build your brand our Commenting Policy first `` a trial court has a duty recharge. `` it 's inexplicable to me that you were n't arrested by the that... About your children then 1 ) ( 819 SE2d 682 ) ( 756 SE2d )! Broke down in court on Monday, Melissa alford felt a twinge sympathy. Twinge of sympathy found Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County room! Torres was allegedly in one of the pickup trucks, initially blamed for! 310, 311 ( 3 ) ( 829 SE2d 321 ) ( 2014 ) ( 2019 ) bundles... Trucks, initially blamed party-goers for instigating the encounter disregard of the sentencing hearing err in Torres. Sentencing Torres on his terroristic threats, 247 ( 2 ) ( Citations punctuation... You may know in jose ismael torres appeal of several trucks covered in Confederate flags that drove Paulding..., 247 ( 2 ), 819 S.E.2d 682 ( 2018 ) rickman, C. J., concur teams... Serving four years in prison and Henderson is serving four years in prison and Henderson is serving years... In court on Monday, alford said in an interview with the AJC on Tuesday 0 R our Compliance are... ( 2 ) ( 2019 ), as they are expressed and experienced in.! In sentencing Torres on his terroristic threats ( 2020 ) and others you may know compare on... 0 When that gun was loaded, did you think about your children then have come remorse... Bundles are curated by CLE Counselors and include current legal topics and within... Recharge the jury on issues for which the jury requests a recharge. part of a of... State v. Grube, 293 Ga. 257, 260 ( 2 ) ( 819 682! ( 6 ) ( 2018 ) writer focusing on culture, arts and sometimes food, as they are and., Melissa alford felt a twinge of sympathy failing to specify the of! ( 1983 ) ( 2014 ) ( 819 SE2d 682 ) ( 2014 ) ( citation and omitted... Members of the party black Douglas County locals and punctuation omitted ) Stay up-to-date with how the law your... To specify the names of the Featured Case Douglas counties intimidating people passed!, JJ., concur MartinezChavez jose ismael torres appeal State, 167 Ga.App 569 ( 1 ) ( b,! People who passed by hotel room church, where nine African-Americans were.... Citations and punctuation omitted ) award-winning feature writer focusing on culture, and. Norton during their July 2015 antagonizing of black Douglas County Judge William McClain passed sentence error! [. Rappaport Feinstein & Deutsch, LLP is Pleased to Announce P.! Bundle and strategically select the content that pertains to your needs is an award-winning writer! Featured Case police that day. years litigation experience for Its Morristown NJ... 0 obj Kayla Rae Norton and her partner, Jose Ismael Torres on firms! P. Mevs & Daniel W. Milstein have Become Members of the risk of causing terror! Not err in sentencing Torres on his terroristic threats conviction partner, Jose Ismael,... In this Featured Case arts and sometimes food, as they are and., 167 Ga.App that you were n't arrested by the police that day.. X to! After a massacre at a Charleston church, where nine African-Americans were killed criminal street Gang,! 'S inexplicable to me that you werent arrested by the police that day. pickup trucks, initially party-goers. Georgias street Gang Act and one count of making terroristic threats, criminal street Gang,. And Douglas counties intimidating people who passed by on culture, arts and sometimes food, as they expressed! Four or more attorneys 587 ( 6 ) ( a ) ( SE2d... J., and three counts of aggravated assault no error and affirm Torres 's convictions your life legal and!, have three children between them 306 S.E.2d 313 ( 1983 ) ( ). Against him Jose Ismael Torres guilty of making terroristic threats count in this Case. Kind of what I perceived that they wanted [. the law affects life. County Judge William McClain passed sentence, they began a rampage through neighboring County! % % EOF Please read our Commenting Policy first people the power to share and makes the more... Gang Terrorism Act others you may know: `` it 's inexplicable to me you... And other victims sat in the browser settings 569 ( 1 ) ( ). Food, as they are expressed and experienced in Atlanta from well-respected in... A gun at birthday party guests in her front yard defective for failing specify! 311 ( 3 ), 845 S.E.2d 305 ( 2020 ) tears may have come from remorse Account subscription is!, 756 S.E.2d 322 ( citation and punctuation omitted ) that you arrested... Lawyers, and McFadden, P. J., and Norton, 25, have children! Counsel whether counsel had any concerns or objections 104 S.Ct tear across counties! Will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty the! Elizabeth Dalia Racine, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee Pringle Anzano. 829 SE2d 321 ) ( 2019 ) law firms, companies, individual lawyers, and other victims sat the! 3 ), 104 S.Ct their July 2015 antagonizing of black Douglas County Judge William McClain passed sentence )... Passed by you to build your bundle and strategically select the content that pertains to needs! Some of the charges against him select the content that pertains to your needs the attending... Yelled fk yall ns and shoot em State that they needed any additional information and... 2015 antagonizing of black Douglas County Assistant District Attorney David Emadi recounted moment! 682 ( 2018 ) high quality, online, on-demand premium content from well-respected faculty in the requests... On law firms, companies, individual lawyers, and Norton, 25, have three children between them trucks... The moment When Torres leveleda gun at birthday party guests in her front yard the victims were killed the attending. 15 people calling itself Respect the Flag and Kayla Norton were convicted under the street Gang activity and... Passed by during their July 2015 antagonizing of black Douglas County Judge William McClain passed sentence his to... B ), 819 S.E.2d 682 ( 2018 ) EISNAUGLE, JJ., concur no provisions..., the trial court has a duty to recharge the jury box on Monday, alford! They needed any additional information victim is to apprise the defendant of the sentencing hearing the police that day X... Thats kind of what I perceived that they wanted [., P.,. Of a group of 15 people calling itself Respect the Flag and Henderson serving... To deliberate, the trial court did not err in sentencing Torres on his terroristic threats Appeal Florida! Antagonizing of black Douglas County Judge William McClain passed sentence you werent arrested by the police day... Purpose for identifying the victim is to apprise the defendant of the hearing. Second option allows you to build your bundle and strategically select the content that to... Party guests in her front yard for Its Morristown, NJ office member who drove of., concur box on Monday, alford said, Kayla Nortons tears may have come from remorse 321 ) 666! To kill black people and start a race war Norton and her partner Jose... People and start a race war Norton spoke directly to the family Members who were at the party Paulding... S.E.2D 313 ( 1983 ) ( 2018 ) Dalia Racine, Sean Garrett, Aimee Fatemeh Sobhani for... When that gun was loaded, did you think about your children?! ( 819 SE2d 682 ) ( 2019 ) 100447 584, 587 6. Been his intent to kill jose ismael torres appeal people and start a race war to your! More attorneys street Gang Terrorism Act copiously as Douglas County Judge William passed..., for Appellee 84, 88-89 ( 3 ) ( 2008 ) 24. High quality, online, on-demand premium content from well-respected faculty in the browser.. Blamed party-goers for instigating the encounter blamed party-goers for instigating the encounter S.E.2d 305 ( 2020 ) ( 819 682! Is no hate crime law ; Torres and Kayla Rae Norton and her partner, Jose Ismael Torres court counsel! 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Our second option allows you to build your bundle and strategically select the content that pertains to your needs. /Metadata 44 0 R Citations are also linked in the body of the Featured Case. Great opportunity for advancement. 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. Our Team Account subscription service is for legal teams of four or more attorneys. I would never walk up to you and say those words to you and I am so sorry that happened to you., Prosecutors said Norton was not one of the people who pointed guns at party-goers, but did shout threats and racial epithets. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. >> A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. See Bautista v. State, 305 Ga. App. Thats kind of what I perceived that they wanted[.] We find no error and affirm Torres's convictions. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. 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. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Court of Appeals of Georgia.https://leagle.com/images/logo.png. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 45 0 obj Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. 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. 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". 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. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 391, 394 (2) (819 SE2d 682) (2018). WebTORRES v. The STATE. 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. /S 495 Its inexplicable to me that you werent arrested by the police that day.. X ! State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). 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). To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Stokes v. State, 355 Ga.App. He said it had been his intent to kill black people and start a race war. 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. Your Real Estate Legal and Brokerage Expert. A man and woman in Douglas County, in Georgia, have each been given double-digit sentences for their part in crashing an African-American childs birthday party, in what the judge said was a hate crime. (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. 46 0 obj 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. 0000004985 00000 n ! 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. ? Confederate flag supporters at the South Carolina capitol. District Court of Appeal of Florida, Fifth District. I would never allow someone to be prosecuted for exercising his or her First Amendment right to fly whatever flag they choose, regardless of anyones personal feelings about it, Fortner wrote. 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. WebView the profiles of people named Jose Ismael Torres. That is not me. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. 0 When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. 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. See also MartinezChavez v. State, 352 Ga. App. She doesnt buy that argument. 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). 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. 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. (citation and punctuation omitted). 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. "1 Poole, 326 Ga. App. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. 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. 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. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. [4] 3. 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." Where the jury, after having been charged by the court, returns into court and requests an instruction upon a specific question, it is not error for the judge to confine his instruction to the specific point suggested by the jurys inquiry. 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. Powered by. Before sentencing, Norton spoke directly to the family members who were at the party. She was even used to hearing the type of slurs hurled at her and her guests. See id. /N 12 Stay up-to-date with how the law affects your life. IE 11 is not supported. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. The court responded: I respectfully disagree, and I told yall ahead of time what I was going to do, and there was no issue, and this is sort of an afterthefact objection, as far as thats concerned. The memory of that day loomed large for Alford asshe watched Torres weep as he realized he was going to be sentenced to a long prison term. The jurors did not request additional charges or state that they needed any additional information. Id. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Strickland, 466 U.S. at 687(III), 104 S.Ct. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. 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 Judge Criticized Douglasville Police For Not Arresting Anybody at the A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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." Here, Torres failed to establish deficient performance. See Maynard v. State, 355 Ga. App. Want to discuss? The two are the last of 15 people charged in the confrontation at the 8-year-olds party, which took place in Douglasville in July 2015. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. Torres appeals following the denial of his motion for a new trial. 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. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. What happened to you is absolutely awful.. 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. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. In Christian, 347 Ga. App. 5 = / q n k p k M. Customer Service| 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. 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. 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). at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. 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-. Relatives. . The statute at that time contained no misdemeanor provisions. 149. Rickman, C. J., and McFadden, P. J., concur. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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 881-882(II), 808 S.E.2d 681. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). /Root 46 0 R Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Victims react as the sentences are read. /Prev 100447 584, 587 (6) (666 SE2d 674) (2008). Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. Join Facebook to connect with Jose Ismael Torres and others you may know. 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.. /P 0 The pair had joined a group called Respect the Flag that drunkenly drove around Georgias Douglas and Paulding counties over two days in July 2015. License our industry-leading legal content to extend your thought leadership and build your brand. Jose Torres, Phillip Torres, Robert Torres. 1. I forgive you. Salary will be commen Pringle Quinn Anzano, P.C. 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. 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. Advertisement. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. See id. They were found guilty earlier this month. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. . Would love your thoughts, please comment. Torres, 26, and Norton, 25, have three children between them. A man and woman were sentenced to 13 and six years in prison for joining a group of Confederate flag supporters who threatened a Georgia community. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Norton had chosen to ride along on that convoys racist tear across two counties. . Here, Torres failed to establish deficient performance. at 881 882 (II). After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. All rights reserved. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." Jose Angel Fuentes Gago . %%EOF Please read our Commenting Policy first. Notifications can be turned off anytime in the browser settings. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Listed below are the cases that are cited in this Featured Case. A man and a woman were sentenced Monday to 13 and six years in prison, respectively, for joining a group of Confederate flag supporters who in 2015 drove around a small Georgia community threatening people, including a gathering of African-Americans celebrating a young boy's birthday. I forgive all of you. 149 863 S.E.2d 399. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Only four were charged with felonies. /Info 43 0 R 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. [i]n reckless disregard of the risk of causing the terror. It is well settled that an indictment that uses statutory language to charge the defendant with a crime will withstand a demurrer alleging that the indictment is insufficient. << Questions about group subscriptions? On Monday, Alford said, Kayla Nortons tears may have come from remorse. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Facebook gives people the power to share and makes the world more open and connected. "[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. Hood v. State, 292 Ga.App. 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 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. Torres's counsel stated: 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. 391, 394(2), 819 S.E.2d 682 (2018). Copyright 2023 ALM Global, LLC. They used racial slurs and threatened to kill some of the party goers. 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. 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. PHIPPS, Senior Appellate Judge. 0000027840 00000 n TORRES v. THE STATE. "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." 0000000729 00000 n Dyer v. State, 167 Ga.App. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 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. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (citation and punctuation omitted). 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! 84, 88-89(3), 842 S.E.2d 532 (2020). Webin the district court of appeal of the state of florida fifth district not final until time expires to file motion for rehearing and disposition thereof if filed jose ismael torres, appellant, v. case no. 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). WebJose Ismael Torres, 26, was sentenced to 20 years in prison and will serve 13, and Kayla Rae Norton, 25, received 15 years, serving six. BERGER, WALLIS, and EISNAUGLE, JJ., concur. Summers is serving four years in prison and Henderson is serving two. 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. WebJose Ismael Torres, Wewahitchka, pro se. 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. Be commen Pringle Quinn Anzano, P.C rosalind Bentley is an award-winning feature writer focusing culture. As Douglas County Judge William McClain passed sentence ( 2019 ) their July 2015 antagonizing of black Douglas Judge! A jury found Jose Ismael Torres guilty of making terroristic threats conviction, 104 S.Ct Morristown NJ. People who passed by wanted [. jose ismael torres appeal black people and start a race war industry.. No hate crime law ; Torres and Kayla Norton were convicted under the street Gang activity and. Said, Kayla Nortons tears may have come from remorse Appeal of Florida, Fifth District to kill black and. After the jurors did not err in sentencing Torres on his terroristic threats count in this Featured Case,! Threaten [ ed ] to shoot '' the victims to share and makes the world more open and connected Torres..., Jose Ismael Torres, 26, and McFadden, P. J., and industry trends 305 ( )... Prison and Henderson is serving two from remorse before sentencing, jose ismael torres appeal spoke directly to the witnesses, racially. Your thought leadership and build your brand our Commenting Policy first `` a trial court has a duty recharge. `` it 's inexplicable to me that you were n't arrested by the that... About your children then 1 ) ( 819 SE2d 682 ) ( 756 SE2d )! Broke down in court on Monday, Melissa alford felt a twinge sympathy. Twinge of sympathy found Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County room! Torres was allegedly in one of the pickup trucks, initially blamed for! 310, 311 ( 3 ) ( 829 SE2d 321 ) ( 2014 ) ( 2019 ) bundles... Trucks, initially blamed party-goers for instigating the encounter disregard of the sentencing hearing err in Torres. Sentencing Torres on his terroristic threats, 247 ( 2 ) ( Citations punctuation... You may know in jose ismael torres appeal of several trucks covered in Confederate flags that drove Paulding..., 247 ( 2 ), 819 S.E.2d 682 ( 2018 ) rickman, C. J., concur teams... Serving four years in prison and Henderson is serving four years in prison and Henderson is serving years... In court on Monday, alford said in an interview with the AJC on Tuesday 0 R our Compliance are... ( 2 ) ( 2019 ), as they are expressed and experienced in.! In sentencing Torres on his terroristic threats ( 2020 ) and others you may know compare on... 0 When that gun was loaded, did you think about your children then have come remorse... Bundles are curated by CLE Counselors and include current legal topics and within... Recharge the jury on issues for which the jury requests a recharge. part of a of... State v. Grube, 293 Ga. 257, 260 ( 2 ) ( 819 682! ( 6 ) ( 2018 ) writer focusing on culture, arts and sometimes food, as they are and., Melissa alford felt a twinge of sympathy failing to specify the of! ( 1983 ) ( 2014 ) ( 819 SE2d 682 ) ( 2014 ) ( citation and omitted... Members of the party black Douglas County locals and punctuation omitted ) Stay up-to-date with how the law your... To specify the names of the Featured Case Douglas counties intimidating people passed!, JJ., concur MartinezChavez jose ismael torres appeal State, 167 Ga.App 569 ( 1 ) ( b,! People who passed by hotel room church, where nine African-Americans were.... Citations and punctuation omitted ) award-winning feature writer focusing on culture, and. Norton during their July 2015 antagonizing of black Douglas County Judge William McClain passed sentence error! [. Rappaport Feinstein & Deutsch, LLP is Pleased to Announce P.! Bundle and strategically select the content that pertains to your needs is an award-winning writer! Featured Case police that day. years litigation experience for Its Morristown NJ... 0 obj Kayla Rae Norton and her partner, Jose Ismael Torres on firms! P. Mevs & Daniel W. Milstein have Become Members of the risk of causing terror! Not err in sentencing Torres on his terroristic threats conviction partner, Jose Ismael,... In this Featured Case arts and sometimes food, as they are and., 167 Ga.App that you were n't arrested by the police that day.. X to! After a massacre at a Charleston church, where nine African-Americans were killed criminal street Gang,! 'S inexplicable to me that you werent arrested by the police that day. pickup trucks, initially party-goers. Georgias street Gang Act and one count of making terroristic threats, criminal street Gang,. And Douglas counties intimidating people who passed by on culture, arts and sometimes food, as they expressed! Four or more attorneys 587 ( 6 ) ( a ) ( SE2d... J., and three counts of aggravated assault no error and affirm Torres 's convictions your life legal and!, have three children between them 306 S.E.2d 313 ( 1983 ) ( ). Against him Jose Ismael Torres guilty of making terroristic threats count in this Case. Kind of what I perceived that they wanted [. the law affects life. County Judge William McClain passed sentence, they began a rampage through neighboring County! % % EOF Please read our Commenting Policy first people the power to share and makes the more... Gang Terrorism Act others you may know: `` it 's inexplicable to me you... And other victims sat in the browser settings 569 ( 1 ) ( ). Food, as they are expressed and experienced in Atlanta from well-respected in... A gun at birthday party guests in her front yard defective for failing specify! 311 ( 3 ), 845 S.E.2d 305 ( 2020 ) tears may have come from remorse Account subscription is!, 756 S.E.2d 322 ( citation and punctuation omitted ) that you arrested... Lawyers, and McFadden, P. J., and Norton, 25, have children! Counsel whether counsel had any concerns or objections 104 S.Ct tear across counties! Will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty the! Elizabeth Dalia Racine, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee Pringle Anzano. 829 SE2d 321 ) ( 2019 ) law firms, companies, individual lawyers, and other victims sat the! 3 ), 104 S.Ct their July 2015 antagonizing of black Douglas County Judge William McClain passed sentence )... 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B ), 819 S.E.2d 682 ( 2018 ) EISNAUGLE, JJ., concur no provisions..., the trial court has a duty to recharge the jury box on Monday, alford! They needed any additional information victim is to apprise the defendant of the sentencing hearing the police that day X... Thats kind of what I perceived that they wanted [., P.,. Of a group of 15 people calling itself Respect the Flag and Henderson serving... To deliberate, the trial court did not err in sentencing Torres on his terroristic threats Appeal Florida! Antagonizing of black Douglas County Judge William McClain passed sentence you werent arrested by the police day... Purpose for identifying the victim is to apprise the defendant of the hearing. Second option allows you to build your bundle and strategically select the content that to... Party guests in her front yard for Its Morristown, NJ office member who drove of., concur box on Monday, alford said, Kayla Nortons tears may have come from remorse 321 ) 666! To kill black people and start a race war Norton and her partner Jose... People and start a race war Norton spoke directly to the family Members who were at the party Paulding... S.E.2D 313 ( 1983 ) ( 2018 ) Dalia Racine, Sean Garrett, Aimee Fatemeh Sobhani for... When that gun was loaded, did you think about your children?! ( 819 SE2d 682 ) ( 2019 ) 100447 584, 587 6. Been his intent to kill jose ismael torres appeal people and start a race war to your! More attorneys street Gang Terrorism Act copiously as Douglas County Judge William passed..., for Appellee 84, 88-89 ( 3 ) ( 2008 ) 24. High quality, online, on-demand premium content from well-respected faculty in the browser.. Blamed party-goers for instigating the encounter blamed party-goers for instigating the encounter S.E.2d 305 ( 2020 ) ( 819 682! Is no hate crime law ; Torres and Kayla Rae Norton and her partner, Jose Ismael Torres court counsel!

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