Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. 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. 0000000729 00000 n Fox 5 Atlanta reported that Hyesha Bryant, who was at the party with her three children, said We all have to be held accountable for our actions. Assistant District Attorney David 1. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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 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. 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. WebTORRES v. The STATE. 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). 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. Would love your thoughts, please comment. Copyright 2023, Thomson Reuters. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. That is not him. /Names << /Dests 29 0 R>> 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. WebGet free access to the complete judgment in Torres v. State on CaseMine. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Two people have been jailed for their role in ruining 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 Torress sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. 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. 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. Join Facebook to connect with Jose Ismael Torres and others you may know. Summers is serving four years in prison and Henderson is serving two. I forgive you. "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." 84, 88-89(3), 842 S.E.2d 532 (2020). The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. 2023 TIME USA, LLC. 0000004985 00000 n 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. 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. The pair had joined a group called Respect the Flag that drunkenly drove around Georgias Douglas and Paulding counties over two days in July 2015. The trial court brought the jury into the courtroom and addressed its questions. 5D164395 Decided: February 02, 2018 I wasnt mad about them flying those flags, Alford said. /Size 65 Both options are priced the same. Stokes v. State, 355 Ga. App. Tell the AJC: How do you experience race in Georgia? See Maynard v. State, 355 Ga.App. 0000006358 00000 n Example video title will go here for this video. RELATED: Racist threats outside black child's party lead to prison sentence. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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." Torress counsel stated: As I understood the question, they were asking about the 18page document. (Getty). The bond hearing is set for Monday morning. 2052. Case No. The next day they kept up their campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old grandson. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Court of Appeals of Georgia.https://leagle.com/images/logo.png. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. 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. 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. Questions about group subscriptions? Receive free daily summaries of new opinions from Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. After Torres and Nortons sentencing, Douglasville police defended their delayed response in a statement saying that Because of the seriousness of this case to our community, we wanted to get this case right the first time. 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. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). Want to keep up with the latest crime coverage? 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. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. The trial court found that trial counsel was not ineffective in this regard. 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. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. 391, 394 (2) (819 SE2d 682) (2018). 2. Other members of Respect the Flag pleaded guilty and received lesser sentences. 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. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. All right?" 0 Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. The trial court found that trial counsel was not ineffective in this regard. 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. I accept responsibility for what I did, but that was not me.. I will simply not tolerate this type of behavior in our community.. Victims look on as the sentences are read. at 395 (2). A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. q 210, 213(2), 699 S.E.2d 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). 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. Isnt it time we heard from UGAs Kirby Smart? Keep fg with our flag!!!!!! 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). 0000016559 00000 n "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." /N 12 We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. %PDF-1.4 361 Ga.App. 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. 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 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). The children at the party heard and saw much of the altercation. Jon Schuppe is an enterprise reporter for NBC News, based in New York. Here, Torres failed to establish deficient performance. Alfords sympathy evaporated. Advertisement. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. See id. Jose Ismael Torres and Kayla Rae Norton Douglas County Sheriff's Office The Georgia group called itself Respect the Flag, and prior to the attack was seen driving in a Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. xref 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. Confederate flag supporters at the South Carolina capitol. 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." ", 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. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). Whenkayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy their and! May know black party guests while the parade of Confederate flag trucks drove.... A twinge of sympathy judgment in Torres v. State on CaseMine, based in New York counsel stated: I! ( II ) ( 808 SE2d 681 ) ( 2017 ) Henderson is two! 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