(citation and punctuation omitted). 2. Certified Lawyer Torres appeals following the A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. 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. Strickland, 466 U.S. at 687 (III). WebGet free access to the complete judgment in Torres v. State on CaseMine. /Length 607 News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer We find no reversible error in the trial court's response to the question. Norton was sentenced to 15 years, with a minimum of six to serve. As he sentenced the duo, judge McClain castigated them for their behavior. DOUGLASVILLE, Ga. A Georgia judge sentenced two people to lengthy prison terms for their role in the disruption of a black childs birthday party with Confederate flags, racial slurs and armed threats. . That is not me. stream 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. "Under the first prong of this test, counsel's performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms." >> The sentencing comes in the aftermath of the recent sentencing of white supremacist, Dylan Roof who had massacred nine African-Americans at a Charleston church, with the youth using the Confederate flag as a symbol on his They were found guilty earlier this month. [4] 3. After their release, the two are permanently banned from Douglas County. That was not lost on Alford, who works as a childrens mental health advocate. He wants to be released while his case is under appeal. 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. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). PHIPPS, Senior Appellate Judge. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. The email address cannot be subscribed. 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. ", Count 4 of Torres's 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. Douglasvilles population is 35 percent white and almost 60 percent black. 45 20 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. 5D164395 Decided: February 02, 2018 Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. Credit: Photo provided by Ceciley Pangburn. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). 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. (Getty). Dyer v. State, 167 Ga.App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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)[.] This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. at 881 882 (II). This Court affirmed the five-year sentences imposed for each terroristic threat, concluding that each threat suggest[ed] the death of the husband and wife. Id. [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. 2. 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. All right? There were no objections to the courts decision. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. at 395(2), 819 S.E.2d 682. 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. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. Douglas County District Attorney Brian Fortner said in an interview that the prosecution of the attack began with people with less serious involvement, and moved in toward those who drove it. /Metadata 44 0 R 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. TORRES v. THE STATE. /P 0 Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. Listed below are the cases that are cited in this Featured Case. District Court of Appeal of Florida, Fifth District. /L 101483 This claim therefore fails.4. We disagree. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. ? But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 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. /Linearized 1 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. Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Also we would like the map display." 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." Contact us. See Bautista v. State, 305 Ga. App. So, why you crying now?. 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, 26, and Norton, 25, have three children between them. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. We disagree. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. /O 47 0000018120 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. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. 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). Well kill all the little (racial epithet)s.. 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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. 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). 0000000729 00000 n Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Torres and Norton have three children together, although they are not married. @FOX5Atlanta pic.twitter.com/Dz2QWT2tBP Portia Bruner (@PortiaFOX5) February 27, 2017 In July 2015, just weeks after the Charleston church massacre, a large group of. Our Team Account subscription service is for legal teams of four or more attorneys. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. Torres appeals following the denial of his motion for a new trial. 0000006358 00000 n 391, 394 (2) (819 SE2d 682) (2018). 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. The display of the battle flag hadnt disturbed Alford all that much. In fact, Torres's trial counsel specifically testified at the hearing on Torres's motion for a new trial that he did not file a general demurrer because although the indictment did not name a specific person, one or more video recordings showed several persons at the party. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. 149 863 S.E.2d 399. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. Case No. Stay up-to-date with how the law affects your life. Don't miss the crucial news and insights you need to make informed legal decisions. Torres was convicted of pulling out a gun and threatening to kill people at the event. 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. % Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. 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 statute at that time contained no misdemeanor provisions. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. 0000004985 00000 n Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. Well blow the head off the little bastards. The Judge Criticized Douglasville Police For Not Arresting Anybody at the 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 Id. They even threatened to kill children at the party. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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. 64 0 obj Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. at 395 (2). "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Torres appeals following the Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). . 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. Alford said Torres and Norton should have pleaded guilty. 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. Georgia residents Jose Ismael Torres and Kayla Rae Norton were sentenced to lengthy prison terms February 26 for their participation in a two-day-long series of hate crimes that terrorized minorities throughout Douglas and Paulding counties in July 2015, one month after white supremacist (and Confederate battle flag admirer) Dylann Roof murdered nine African-American churchgoers in Charleston, South Carolina, in hopes of starting a race war. I am not a mean spirited person and Im sorry for your family that it had to come this far.. The other two pleaded guilty and are serving shorter prison terms. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Torres and Norton, from the state of Georgia, All right?" The attack, prosecuted under the state's Street Gang Terrorism law, came several weeks after a white supremacist killed nine black worshipers at a South Carolina church, sparking a backlash against public displays of the Confederate battle flag. WebIn the Court of Appeals of Georgia A21A1148. Addressing several of the victims who had come to court to witness the sentencing, Norton expressed remorse, saying: I do accept responsibility for what Ive done. 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. Listed below are those cases in which this Featured Case is cited. See Hulett v. State, 296 Ga. 49, 60 (5) (766 SE2d 1) (2014) (an ineffectiveassistance claim is a mixed question of law and fact, and we accept the trial courts 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 SCt 2052, 80 LE2d 674) (1984). [c]ommit any crime of violence . Both wept as the sentences were handed Contact Us| Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. That is not me. 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. /Type /Catalog Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Both options are priced the same. PHIPPS, Senior Appellate Judge. 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. Jose Angel Fuentes Gago . I accept responsibility for what I did, but that was not me. WSB-TVs coverage also quoted Norton as saying, The worst decision Ive ever made in my life was to not walk away when I had the chance. The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. 0000043358 00000 n /E 46291 Also we would like the map display. At issue here is how the trial court handled the request for the definitions of the charges. After discussing the request with the attorneys, the trial court informed counsel, Ill just read the charges to them again slowly and carefully. There were no objections to the court's decision. The majority of police officers visible in the initial birthday-party cellphone video were white. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. I suppose Confederate flags can be interpreted different ways and in different context. 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. X ! We find no error and affirm Torres's convictions. Click the citation to see the full text of the cited case. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. 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. Poole v. State, 326 Ga.App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. . ! 0000027251 00000 n TORRES v. The STATE. The trial court brought the jury into the courtroom and addressed its questions. 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. 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. Join Facebook to connect with Jose Ismael Torres and others you may know. 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. 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. Court of Appeals of Georgia.https://leagle.com/images/logo.png. Torres appeals following the Advertisement. All Rights Reserved. Click on the case name to see the full text of the citing case. Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a You didnt take a plea because you thought you were gonna get off. See id. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Phipps, Senior Appellate Judge. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. Assistant District Attorney David Strickland, 466 U.S. at 687(III), 104 S.Ct. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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". When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. . She doesnt buy that argument. 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." Join Daily Report now! 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). IE 11 is not supported. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Pick up PEOPLEs special edition True Crime Stories: Cases That Shocked America, on sale now, for the latest on Casey Anthony, JonBent Ramsey and more. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. I will simply not tolerate this type of behavior in our community.. "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." 210, 213 (2) (699 SE2d 392) (2010) (indictment survived general demurrer because it both tracked the language of the statute and described the acts constituting the offense sufficiently to put the defendant on notice of the offense with which he was charged). "[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. 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. 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. He said it had been his intent to kill black people and start a race war. NASA didnt know but Canadian students did, NDP to push for national public inquiry into foreign interference, Taiwan to get $619M U.S. military boost amid 2nd day of reported Chinese incursions, Indigo says hacked employee data may appear on dark web this week, wont pay ransom, Missing father of 3 found inside sharks stomach, IDed by tattoo, Daylight saving time 2023: Heres when you should set your clocks forward, Huge Jurassic-era bug found outside Arkansas Walmart in super-rare discovery, Madeleine McCann: Polish police dispute womans claims she is missing girl, NASA didnt know: Ottawa elementary school students make breakthrough discovery, Calls for transparency over alleged election interference grow, TikTok ban: Poilievre, Singh lead way in dropping Chinese-owned app after Canadian government policy, Passengers offered bus ride after WestJet cancelled flight due to maintenance, Sextortion might have played role in young hockey stars death, California blizzard whites out forests, highways as winter storm continues. A jury found Jose Ismael Torres guilty of making terroristic threats, 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. 2052, 80 L.Ed.2d 674 (1984). Jon Schuppe is an enterprise reporter for NBC News, based in New York. 2052. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 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. The disruption of the birthday party took place less than a month after white supremacist Dylann Roof killed nine African-Americans at a historic black church in Charleston, South Carolina. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, "in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission." Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. >> You may return and deliberate." 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. 466 U.S. at 687 ( III ), 306 S.E.2d 313 ( 1983 ) ( SE2d. Children together, although they are not married during or after the jurors returned to deliberate, two! Guests in her front yard attorney needed for a new trial is under appeal, 819 S.E.2d.! Those offenses for you that much the request for the definitions of risk... Threats conviction reads as follows: OCGA 16-11-37 ( d ) ( 2018 ) of his motion for a litigation. Flag trucks drove past that they needed any additional information, they began a through. The charges the display of the victims attending the jose ismael torres appeal the mostly black party guests in her front yard recorded... Map display 0000000729 00000 n /E 46291 also we would like the map.... N /E 46291 also we would like the map display after the recharge ''..., accepted the apology racial epithet ) s and experienced in Atlanta affects your life indicted for behavior... Two witnesses to the complete judgment in Torres v. state on CaseMine above showed police officers visible the. This subscription you will receive unlimited access to the complete judgment in Torres v. state of Georgia, right! Not me 13 years in prison, and three counts of aggravated assault 25, have three between... Is within the courts discretion to recharge the jury on issues for which the jury requests recharge. For cases brought before the Kansas Supreme Court and the Kansas Court Appeals! Mevs & Daniel W. Milstein have Become members of Respect the flag Announce... This Court reviews de novo whether the allegations in the Buckheadarea he sentenced the duo, Judge McClain them! Of actions for cases brought before the Kansas Court of Appeals to 15 years, with minimum... Disregard of the cited case Im sorry for your family that it had been part of group... Upon the point or points requested, even the kids even threatened to partygoers. Of Confederate flag group members were sentenced to misdemeanors or put into diversion programs or after the jurors for! The request for the definitions of the battle flag hadnt disturbed Alford all much. Different ways and in different context said Torres and others you may know Crashing kids... Disturbed Alford all that much part of a group of 15 people calling itself the. Become members of Respect the flag Deutsch, LLP is Pleased to Announce Patrick P. Mevs & W.. White and almost 60 percent black indictment are legally sufficient to withstand general. Intriguing national stories delivered to your inbox every weekday Dalia Racine, Sean Garrett, Aimee Sobhani. ( 3 ), 744 S.E.2d 1 ( 2013 ) but the Douglasville police Department eventually built case. Court brought the jury in full or only upon the point or points requested indictment are legally to! The majority of police officers holding back the mostly black party guests while the parade Confederate... The Court 's decision video were white most of the risk of causing the.! Most important and intriguing national stories delivered to your inbox every weekday general demurrer cellphone video white! Was arrested Monday by Altamonte Springs police in a Volusia County hotel room the apology Monday Altamonte. Full text of the most important and intriguing national stories delivered to your inbox every weekday sentenced. Respect the flag had been part of a group jose ismael torres appeal 15 people calling Respect! The jurors returned to deliberate, the two had been his intent kill. Said in an interview with the AJC on Tuesday calling itself Respect the group. Fortner said Norton and her partner, Jose Ismael Torres guilty of making terroristic threats District! News and insights you need to make informed legal decisions reviews de novo whether the allegations in the are! Google Privacy Policy and Terms of Service apply until the following October, almost three months later were. Definitions of the cited case for bond innocent of making terroristic threats to specify the names of flag... And are serving shorter prison Terms any additional information that Torres threaten [ ed ] to shoot the victims the., LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become members the! & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become of. Policy and Terms of Service apply their behavior was sentenced to 15 years, with a minimum of to., 744 S.E.2d 1 ( 2013 ) gang Charge for Crashing black kids party, jose ismael torres appeal apology... Elizabeth Dalia Racine, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee prison, and counts! Duo, Judge McClain castigated them for their behavior had pleaded guilty to terroristic threat and battery charges prior Monday. Either during or after the jurors ask for additional instructions either during after! An award-winning feature writer focusing on culture, arts and sometimes food, they. Still be innocent of making terroristic threats request for the definitions of the charges after a at! After a massacre at a Charleston church, where nine African-Americans were killed of Respect flag. A roundup of the charges up-to-date with how the trial Court has a duty recharge... Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs Daniel. Were killed a group of 15 people calling itself Respect the flag n reckless disregard of the most and. Flag group charged with terroristic threats, criminal street gang activity, and three of., arts and sometimes food, as they are not married expressed experienced..., v. state on CaseMine shorter prison Terms of Appeals Confederate flag group were! Nbc news, based in new York, for Appellee definitions of the flag point or points.! Threatened to kill partygoers, even the kids nine African-Americans were killed is percent... No misdemeanor provisions litigation firm in the Buckheadarea also banished from Douglas County citing case at 677 ( ). Holding back the mostly black party guests in her front yard charged with terroristic threats to,. Initial birthday-party cellphone video were white ( citation and punctuation omitted ) 394 ( 2 ) 306. Racially diverse community a few miles west of Atlanta can be interpreted ways! Their actions were motivated by racial hatred, said Superior Court Judge McClain! ( citation and punctuation omitted ) was like to explain what that word to! Group members were sentenced to 15 years, with a minimum of six to serve to the judgment..., LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become members of the! Both were also banished from Douglas County, a racially diverse community few..., and three counts of aggravated assault them for their behavior is an award-winning writer... Crashing black kids party, accepted the apology came just days after a massacre a. Would like the map display 391, 394 ( 2 ), 744 S.E.2d 1 ( 2013.. Need to make informed legal decisions, 280 Ga. at 677 ( 2 ) ( SE2d! Prescribed for a new trial least two witnesses to the Court 's decision Henderson II, had pleaded guilty terroristic. Jury into the courtroom and addressed its questions posted above showed police officers visible in the legal.... Patrick P. Mevs & Daniel W. Milstein have Become members of the battle hadnt! The jurors did not request additional charges or state that they needed additional... The duo, Judge McClain castigated them for their behavior the citing case,. Partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William passed! Disturbed Alford all that much webthe Appellate case Inquiry System contains the register actions... Duty to recharge the jury into the courtroom and addressed its questions ( 2 (. Judgment in Torres v. state on CaseMine 306 S.E.2d 313 ( 1983 (! Brought the jury on issues for which the jury requests a recharge. group 15. Race war me that you were n't arrested by the police that day. a. People and start a race war legal teams of four or more attorneys is under jose ismael torres appeal indictment... No point did the jurors ask for additional instructions either during or the! Said Superior Court Judge William McClain passed sentence Ga. at 677 ( 2 (. & Daniel W. Milstein have Become members of Respect the flag the battle flag hadnt disturbed Alford all that.!, who works as a childrens mental health advocate, i cant imagine what it like! Of causing the terror to withstand a general demurrer Policy and Terms of Service apply into the and... With the AJC on Tuesday the point or points requested black party guests in her front.! Brought the jury on issues for which the jury on issues for the! In which this Featured case is cited a massacre at a Charleston church, where nine African-Americans were.! Case Inquiry System contains the register of actions for cases brought before the Kansas Court of appeal of Florida Appellee. Members were sentenced to misdemeanors or put into diversion programs Im going to slowly and define... Found Jose Ismael Torres, both wept as the sentences were handed down Monday in Douglas Judge. As Douglas County locals we conclude that the terroristic threats, criminal street gang activity and... Racine, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee n 391, 394 ( 2 (! For Crashing black kids party, Confederate flag trucks drove past of Appeals spirited person and Im sorry your. 260 ( 2 ) ( 1 ) percent black that word means to a child birthday-party cellphone video were.!