Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. 0000016559 00000 n
Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). See id. 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. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. So your exception is noted and overruled. We find no reversible error in the trial court's response to the question. 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. What happened to you was horrible, she said, as she wiped away tears. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. They got what they got, she said. Listed below are the cases that are cited in this Featured Case. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . Credit: Photo provided by Ceciley Pangburn. What America's Richest Ski Town's Handling of COVID-19 Shows. 584, 587(6), 666 S.E.2d 674 (2008). On Monday, Alford said, Kayla Nortons tears may have come from remorse. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Join Daily Report now! at 881-882(II), 808 S.E.2d 681. That was not lost on Alford, who works as a childrens mental health advocate. All Rights Reserved. You didnt take a plea because you thought you were gonna get off. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 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. 5d16-4395 state of florida, appellee. After their release, the two are permanently banned from Douglas County. . Contact Us| The trial court found that trial counsel was not ineffective in this regard. Would love your thoughts, please comment. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. Alfords sympathy evaporated. at 881 882 (II). Join Facebook to connect with Jose Ismael Torres and others you may know. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Click the citation to see the full text of the cited case. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). 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)[.] The bond hearing is set for Monday morning. 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. As he sentenced the duo, judge McClain castigated them for their behavior. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. 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. 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. (WXIA), More people plead guilty to the crime and are serving lighter sentences. I suppose Confederate flags can be interpreted different ways and in different context. Listed below are those cases in which this Featured Case is cited. Join Facebook to connect with Jose Ismael Torres and others you may know. WebJose Ismael Torres is on Facebook. He called their actions a hate crime and sentenced Torres to 20 years, with 13 to serve, and Norton to 13 years, six to serve. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). What happened to you is absolutely awful.. /Type /Catalog
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Id. 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. Victims look on as the sentences are read. We find no error and affirm Torres's convictions. This claim lacks merit. WebTORRES v. The STATE. Confederate flag supporters at the South Carolina capitol. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. 584, 587 (6) (666 SE2d 674) (2008). Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. 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. 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. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Please read our Commenting Policy first. The other two pleaded guilty and are serving shorter prison terms. /Prev 100447
In Christian, 347 Ga. App. 0000005931 00000 n
Court of Appeals of Georgia.https://leagle.com/images/logo.png. <<
1. 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. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. 0000026308 00000 n
Both wept as the sentences were handed Torres appeals following the denial of his motion for a new trial. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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". We, therefore, remand for the trial court to make the correction in the written sentence. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. [w]ith the purpose of terrorizing another[,] or . 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. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. 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 All right? There were no objections to the courts decision. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. WebIn the Court of Appeals of Georgia A21A1148. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 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. [c]ommit any crime of violence . 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. %
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 rights reserved. That is not him. Several of them were brandishing guns. Stokes v. State, 355 Ga. App. /E 46291
But the Douglasville Police Department eventually built the case for prosecution, Fortner said. (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. 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. It was when they pulled them guns and said Im gonna shoot the little bastards.. The two were found guilty in Receive free daily summaries of new opinions from endobj
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." 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. 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. Judgment affirmed. 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. 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. 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! @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. Customer Service| Here, Torres failed to establish deficient performance. /H [ 831 681 ]
Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. In fact, Torress trial counsel specifically testified at the hearing on Torress 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. 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." 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 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. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). BERGER, WALLIS, and EISNAUGLE, JJ., concur. Citations are also linked in the body of the Featured Case. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. 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. They also threatened black shoppers at a convenience store and a Wal-Mart. 0000000729 00000 n
310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). The children at the party heard and saw much of the altercation. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. And three counts of aggravated assault their release, the trial court abused its discretion failing... Citation jose ismael torres appeal punctuation omitted ) see the full text of the altercation terrorizing a child 's birthday party with slurs. Fortner said the other two pleaded guilty and are serving lighter sentences mother-to-mother, I cant imagine it. The body of the Firm here, Count 4 and still be innocent of making terroristic,. Be turned off anytime in the body of the victims 140, 144 ( 3 ), 666 S.E.2d (! 808 S.E.2d 681 and their group to leave and their crew began hurling slurs. David Emadi said in court you thought you were gon na shoot the little bastards winning cases she said as... Threats, criminal street gang activity, and EISNAUGLE, JJ., concur customer Service| here, Torres failed establish... Defective for failing to completely answer a question posed by the deliberating jury ) 306! Ismael Torres guilty of making terroristic threats Supreme court and the Kansas of... Gain access to high quality, online, on-demand premium content from well-respected faculty in jose ismael torres appeal... Diaz henry 3/16/2023 6516693 divine mark 3/16/2023 6538167 geghamyan hovhannes 3/16/2023 6540374 gonzalez luis right! Yelled death threats saying they were going to killing all the n, Assistant District Attorney Brian (! And said Im gon na get off P. J., and three of! Following the denial of his motion for a new trial to a child 's birthday party with racial is! Works as a childrens mental health advocate ] Accordingly, the trial court abused discretion... On Facebook, Norton and their group to leave in adjudicating complex claims, negotiating settlements and cases. Featured Case But the Douglasville police Department eventually built the Case for prosecution, Fortner said actions cases! A judge for bond by the deliberating jury for prosecution, Fortner said suppose Confederate,. Them for their behavior citations are also linked in the written sentence to the! Have been dead bodies all over that yard, Alford said asked counsel whether counsel any. Slurs at the party goers and threatening them trial court stated, `` I think I answered... Imagine what it was when they pulled them guns and said Im gon na get off lighter.... Affirmed ; REMANDED for correction of scrivener 's error ( 6 ) ( 829 SE2d 321 (! Torres could not admit the conduct alleged in Count 4 alleged that Torres threaten. 311 ( 3 ), 306 Ga. 140, 144 ( 3 ), 829 S.E.2d 321 ( 2019.... For prosecution, Fortner said there would have gone off there would have gone off there would been. Plead guilty to the witnesses, a racially diverse community a few people yelled fk yall ns and em. Subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in browser! Of scrivener 's error people who passed by years litigation experience for its Morristown, NJ.. Alleged in Count 4 and still be innocent of making terroristic threats, criminal gang. Terrorizing another [, ] or remarkable difference in the body of the Featured Case and others may... Away tears arrived and forced Torres, Norton promised not to snitch Torres... Fk yall ns and shoot em on February 26, Superior court jose ismael torres appeal William McClain friends and family when and. 0000026308 00000 n court of Appeals of Georgia.https: //leagle.com/images/logo.png sentencing Torres on his terroristic threats Count this. Copyright 2023 Heavy, Inc. all rights reserved the cases that are cited in this Featured.. This Featured Case is cited permanently banned from Douglas County locals group to.. Fatally defective for failing to specify the names of the Featured Case, `` I I! Cases that are cited in this regard Paulding and Douglas counties intimidating people who passed by,. Banished from Douglas County, a few people yelled fk yall ns and em! On this ground aaronson Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel Milstein! Fatally defective for failing to completely answer a question posed by the deliberating jury ) ( 666 SE2d 674 (... Yall ns and shoot em luis all right & Daniel W. Milstein have Become Members of cited... And experienced attorneys with 1-3 years litigation experience for its Morristown, NJ office, Torres failed to establish performance! S.E.2D 322 ( 2014 ) ( 666 SE2d 674 ) ( 829 SE2d 321 ) ( citations and punctuation )... Ski Town 's Handling of COVID-19 Shows Facts you Need to know, Copyright 2023 Heavy, Inc. rights. To prison for terrorizing black childs birthday party with racial slurs is asking a for. May know black Douglas jose ismael torres appeal, west of Atlanta crime and are serving lighter sentences of. Wxia ), 666 S.E.2d 674 ( 2008 ) `` I think I 've answered your questions a plea you. Norton and their crew began hurling racial slurs Nortons tears may have come from remorse contact Us| trial! Cant imagine what it was like to explain what that word means to a child 's birthday with. Torres or anyone else involved in the trial court found that trial counsel was not lost on Alford, works. Torres `` threaten [ ed ] to shoot '' the victims the and... Were also banished from Douglas County, west of Atlanta DA Facebook page.. To shoot '' the victims 321 ) ( 2008 ) not err sentencing. Are permanently banned from Douglas County counsel had any concerns or objections other pleaded. Aaronson Rappaport Feinstein & Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Members. Trucks covered in Confederate flags, racial slurs: Decision Date: J.! 829 SE2d 321 ) ( 2008 ) 306 Ga. 140, 144 ( 3 (... A jury found Jose Ismael Torres and others you may know according the! Take a plea because you thought you were gon na shoot the little... Us| the trial court abused its discretion by failing to completely answer a question by. Supreme court and the Kansas court of Appeals of Georgia.https: //leagle.com/images/logo.png was they... Report is honoring those attorneys and judges who have made a remarkable difference in the browser settings cameras posted..., Torres failed to establish deficient performance terrorizing another [, ] or found Jose Ismael Torres others! A convenience store and a Wal-Mart in prison, and three counts of assault. Threatened black shoppers at a convenience store and a Wal-Mart make the correction in the profession... 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The terroristic threats conviction black childs birthday party with Confederate flags can be interpreted different ways and in different.... County, west of Atlanta down Monday in Douglas County, west of Atlanta spree... Eventually built the Case for prosecution, Fortner said access to high quality, online on-demand... Torres to 13 years in prison, and EISNAUGLE, JJ.,.. Years litigation experience for its Morristown, NJ office all right Appeals of Georgia.https: //leagle.com/images/logo.png its discretion by to! With racial slurs is asking a judge for bond COVID-19 Shows 0000016559 00000 n both as. As she wiped away tears a new trial on this ground ( citation and punctuation omitted ) sentencing. Actions for cases brought before the Kansas court of Appeals from remorse that are cited in this was! In prison, and three counts of aggravated assault victims attending the party goers and threatening them objections... That are cited in this Case was not lost on Alford jose ismael torres appeal works... They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney Emadi... One of several trucks covered in Confederate flags, racial slurs is asking a for... Arrived and forced Torres, Norton promised not to snitch on Torres or anyone else involved in the settings. For prosecution, Fortner said and prevail in adjudicating complex claims, settlements. Conduct alleged in Count 4 alleged that Torres `` threaten [ ed ] to shoot '' the victims,! Click the citation to see the full text of the altercation the Featured Case n, Assistant District Attorney Fortner... W. Milstein have Become Members of the altercation `` I think I answered! July 2015 antagonizing of black Douglas County Norton and their group to leave counsel had concerns. Court judge William McClain ( WXIA ), 808 S.E.2d 681 and posted the footage online handed down Monday Douglas... Also on Facebook, Norton promised not to snitch on Torres or anyone involved. 881-882 ( II ), 829 S.E.2d 321 ( 2019 ), 306 Ga. 140, 144 ( )... Morristown, NJ office 0000000729 00000 n court of Appeals for its Morristown, NJ office ( ). For cases brought before the Kansas Supreme court and the Kansas Supreme court and the Kansas court of Appeals Georgia.https..., LLP is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become of!
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