At some point, Norton and Torres confronted a black family that was throwing an 8-year-olds birthday party in the front yard of their home. 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. Want to discuss? In addition, even assuming that the new statutory language applied at the time of Torres's sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. Your article was successfully shared with the contacts you provided. The majority of police officers visible in the initial birthday-party cellphone video were white. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Torres and Norton have three children together, although they are not married. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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). 46 0 obj With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! I think the tears were mainly because they got caught, Alford said. There were no objections to the court's decision. 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. Both wept as the sentences were handed 0000001512 00000 n I forgive you. 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. 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". Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 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 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. 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. 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. EpiPens dont work in space? Contact Us| 45 0 obj Tell the AJC: How do you experience race in Georgia? We disagree. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed 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 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. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Despite the multiple 911 calls inspired by Respect The Flags actions, when Douglasville police arrived at the childs birthday party they did not make any arrests. The trial court recharged the jury as to elements of a crime, the State's burden of proof, and the definitions of the charged offenses. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. Jose Angel Fuentes Gago . 0000004985 00000 n 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. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. ( $ x A C 4 W Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. Site Map, Advertise| 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. Id. District Court of Appeal of Florida, Fifth District. 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. This claim therefore fails. You didnt take a plea because you thought you were gonna get off. See Maynard v. State, 355 Ga.App. endobj That is not me. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. 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. Hood v. State, 292 Ga.App. Rickman, C. J., and McFadden, P. J., concur. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Notifications can be turned off anytime in the browser settings. Torress counsel stated: As I understood the question, they were asking about the 18page document. 142, 143(1), 834 S.E.2d 139 (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. 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. I forgive you. WebTORRES v. The STATE. Id. All rights reserved. 361 Ga.App. << 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. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. OCGA 16-11-37 (d) (1). I accept responsibility for what I did, but that was not me.. I suppose Confederate flags can be interpreted different ways and in different context. To meet the second prong, there must be a reasonable probability that, absent counsel's errors, the outcome of the trial would have been different. 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. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. That is not him. %PDF-1.4 (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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. We disagree. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. She said she grew up seeing it all over the Alabama town where she was raised. Want to keep up with the latest crime coverage? 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 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. Hood v. State, 292 Ga. App. 2052, 80 L.Ed.2d 674 (1984). Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Listed below are the cases that are cited in this Featured Case. Well kill all the little (racial epithet)s.. /L 101483 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)[.] Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." He noted that the pair would both have been aware of white supremacist Dylann Roofs attack on a predominantly black Charleston church that left nine dead less than a month before. Facebook gives people the power to share and makes the world more open and connected. At issue here is how the trial court handled the request for the "definitions of the charges." Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). Magazines, Digital The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. The bond hearing is set for Monday morning. The display of the battle flag hadnt disturbed Alford all that much. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. She doesnt buy that argument. She was even used to hearing the type of slurs hurled at her and her guests. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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." See id. 0000001815 00000 n The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a convoy of trucks flying rebel flags, shouting threats at black people, authorities said. All right? There were no objections to the courts decision. /Type /Catalog 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. 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. WebGet free access to the complete judgment in Torres v. State on CaseMine.
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