A jury found Jose Ismael Torres guilty of making terroristic threats, I forgive you. They even threatened to kill children at the party. 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. They were found guilty earlier this month. I will simply not tolerate this type of behavior in our community.. RELATED: Racist threats outside black child's party lead to prison sentence. 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. 5D164395 Decided: February 02, 2018 A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Join Facebook to connect with Jose Ismael Torres and others you may know. We disagree. BERGER, WALLIS, and EISNAUGLE, JJ., concur. See also Martinez-Chavez v. State, 352 Ga.App. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). ", 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. 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. >> 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. Poole v. State, 326 Ga. App. EpiPens dont work in space? Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). 0000043358 00000 n 45 20 The bond hearing is set for Monday morning. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. This claim lacks merit. 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. 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. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. She is a two-time James Beard Award finalist and a finalist for the Pulitzer Prize. %PDF-1.4 Here, Torres failed to establish deficient performance. Contact us. See also MartinezChavez v. State, 352 Ga. App. Long Waits, Short Appointments, Huge Bills. Citations are also linked in the body of the Featured Case. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. 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-. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 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. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). This claim therefore fails.4. We find no error and affirm Torress convictions. That was not lost on Alford, who works as a childrens mental health advocate. Click the citation to see the full text of the cited case. Contact Us| Also we would like the map display." at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. 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. See Bautista v. State, 305 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 Two other people have received prison sentences, while the rest of those involved, about a dozen, did not get prison time but pleaded guilty to misdemeanors or entered pre-trial diversion programs, Fortner said. 0000013636 00000 n That is not me. Advertisement. WebTORRES v. The STATE. When Will South Carolina Take Down the Confederate Flag? Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 84, 88-89(3), 842 S.E.2d 532 (2020). Jose Angel Fuentes Gago . . The email address cannot be subscribed. See id. "[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. /Linearized 1 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. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Don't miss the crucial news and insights you need to make informed legal decisions. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Dyer v. State, 167 Ga. App. 0000016559 00000 n endobj 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. There were no objections to the court's decision. 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. Jose Torres, Phillip Torres, Robert Torres. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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. Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. That October, after a grand jury handed down indictments, the SPLC took partial credit for this, noting that it turned over videos and other evidence to Douglasville District Attorney Brian K. Fortner. . . stream So your exception is noted and overruled. The trial court found that trial counsel was not ineffective in this regard. 0000017752 00000 n 45 0 obj On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. 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). But Alford wasnt so sure. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. 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 0000016806 00000 n They used racial slurs and threatened to kill some of the party goers. 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. /T 100459 Stay up-to-date with how the law affects your life. The two sentenced Monday, Jose Torres and Kayla Norton, who authorities said yelled racist slurs and threatened the birthday revelers with a shotgun, were the last of the group to be sentenced. 584, 587(6), 666 S.E.2d 674 (2008). Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Specifically, Count 4 of Torres's indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. ', Black Man Says Group Assaulted Him, Said 'Get a Noose' and 2 People Hit with Car at Protest, 2 Men Charged After Pinning Black Man to Tree in Indiana Incident Captured on Viral Video, Dylann Roof Sentenced to Death for Killing 9 Black People in Charleston Church. 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. 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. Customer Service| . Would love your thoughts, please comment. All rights reserved. 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. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. at 395 (2). Listed below are the cases that are cited in this Featured Case. 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 majority of police officers visible in the initial birthday-party cellphone video were white. 361 Ga.App. I forgive all of you, Bryant said as Norton and Torres wept. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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). Poole v. State, 326 Ga.App. Assistant District Attorney David 0000026062 00000 n We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. Want to keep up with the latest crime coverage? Confederate flag supporters at the South Carolina capitol. 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. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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. 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. 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. 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! Our Team Account subscription service is for legal teams of four or more attorneys. 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. I accept responsibility for what I did, but that was not me.. @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. 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. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. , and EISNAUGLE, JJ., concur to make informed legal decisions Carolina... Confederate Flag time, Alford said that the group threatened black motorists and walked to! And winning cases was with her 3 children at the party, accepted the apology and... 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