jose ismael torres appealjose ismael torres appeal

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. The other two pleaded guilty and are serving shorter prison terms. Only four were charged with felonies. PHIPPS, Senior Appellate Judge. . 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). We disagree. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). 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". The majority of police officers visible in the initial birthday-party cellphone video were white. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." RELATED: Racist threats outside black child's party lead to prison sentence. 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. 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. The trial court found that trial counsel was not ineffective in this regard. 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. 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. We disagree. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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. Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. 391, 394(2), 819 S.E.2d 682 (2018). What happened to you is absolutely awful.. 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. 361 Ga.App. Certified Lawyer See Maynard v. State, 355 Ga. App. WebTORRES v. THE STATE. You have reached your limit of 4 free articles. Receive free daily summaries of new opinions from 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 584, 587(6), 666 S.E.2d 674 (2008). Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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. 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. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 3. Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . ( $ x A C 4 W AFFIRMED; REMANDED for correction of scrivener's error. 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. . 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). 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. (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. Questions about group subscriptions? 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 District Court of Appeal of Florida, Fifth District. /P 0 Its inexplicable to me that you werent arrested by the police that day.. 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. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. 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. Well kill all the little (racial epithet)s.. 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. The two were found guilty in 45 0 obj 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. q After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. The judge ordered the two permanently banished from Douglas County once they are released. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. [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.[1] Poole, 326 Ga. App. For an optimal experience visit our site on another browser. Customer Service| 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 asserts, without any citation to authority, that threatening to shoot an individual does not constitute a threat suggesting the death of the threatened victims. 64 0 obj Dyer v. State, 167 Ga.App. The decision to conduct a rigorous investigation led to a successful outcome that best served our community., Jose Torres (credit: Douglas County DA Facebook page), Despite or perhaps because of the Douglasville PDs initial reluctance to arrest any Respect The Flag members, the Southern Poverty Law Center launched an investigation almost immediately after the July 2015 incident. Both options are priced the same. 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 . 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. Torres appeals following the Torres next asserts that his trial counsel rendered ineffective assistance by failing to file a general demurrer to the terroristic threats count of his indictment. 0000026062 00000 n 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. /Prev 100447 He wants to be released while his case is under appeal. 5 = / q n k p k M. So your exception is noted and overruled. Henry P. 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