This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 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! I suppose Confederate flags can be interpreted different ways and in different context. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. 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. Several of them were brandishing guns. 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. 310, 311 (3) (306 SE2d 313) (1983) (citations and punctuation omitted). Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 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. Please read our Commenting Policy first. You gamble, you win or you lose.. 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. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. 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. Where the jury, after having been charged by the court, returns into court and requests an instruction upon a specific question, it is not error for the judge to confine his instruction to the specific point suggested by the jurys inquiry. /L 101483 WebGet free access to the complete judgment in Torres v. State on CaseMine. "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." Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Here, Torres failed to establish deficient performance. Credit: Photo provided by Ceciley Pangburn. 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. 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Torres and Norton, from the state of Georgia, She doesnt buy that argument. WebView the profiles of people named Jose Ismael Torres. 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 . Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. They even threatened to kill children at the party. Dyer v. State, 167 Ga.App. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. We likewise find that Torress 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. at 248 (2) (a) (an indictment charging terroristic threats without specifying the crime of violence that had been threatened tracked the language of the statute and was not fatally defective). 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. We disagree. 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. Despite the many news articles with such misleading headlines as Couple sentenced to prison for disrupting birthday party with Confederate flags, Douglasville District Attorney Brian Fortner specified, in a statement posted on the Douglas County District Attorneys Office Facebook page, that the flags had nothing to do with the legal penalties doled out to Torres, Norton or other members of the Respect the Flag group. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. District Court of Appeal of Florida, Fifth District. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 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. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. X ! The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. They used racial slurs and threatened to kill some of the party goers. >> 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). We find no error and affirm Torres's convictions. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). 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). 0000023139 00000 n We, therefore, remand for the trial court to make the correction in the written sentence. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). . 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. Debevoise Is Ready. Specifically, Count 4 of Torress indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. Use of this site constitutes acceptance of our, Digital I wasnt mad about them flying those flags, Alford said. << Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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 We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. 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 Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. In Christian, 347 Ga. App. Receive free daily summaries of new opinions from 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. 2. He wants to be released while his case is under appeal. 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." When Will South Carolina Take Down the Confederate Flag? I forgive you. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. . "[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. Assistant District Attorney David Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. 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. Its inexplicable to me that you werent arrested by the police that day.. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. 84, 88-89 (3) (842 SE2d 532) (2020). Torres appeals following the denial of his motion for a new trial. Listed below are the cases that are cited in this Featured Case. On Monday, Superior Court Judge William McClain, who described the pairs actions as being motivated by racial hatred, sentenced Torres to 20 years, with 13 to serve in prison, and Norton to 15, with six to serve. Victims react as the sentences are read. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. (citation and punctuation omitted). /H [ 831 681 ] 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. >> 0000001512 00000 n Before sentencing, Norton spoke directly to the family members who were at the party. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Nortons Facebook posts also indicated that after the rampage, she spent a lot of time and effort on what the DA called a wide sweeping attempt to get all members of the Respect The Flag group to coordinate their stories, lie to the media about what happened, and cover up her role in retrieving the shotgun from Torres truck, loading it, and giving it to him just before the confrontation with guests at the birthday party. I forgive all of you, Bryant said as Norton and Torres wept. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 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. At issue here is how the trial court handled the request for the "definitions of the charges." Click the citation to see the full text of the cited case. All Rights Reserved. Photos: Hate crime in Douglasville, Georgia. [c]ommit any crime of violence . I will simply not tolerate this type of behavior in our community.. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. 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. 0000000831 00000 n Douglasvilles population is 35 percent white and almost 60 percent black. /N 12 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. The register of actions /S 495 seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Torres and Norton have three children together, although they are not married. ( $ x A C 4 W The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. /Type /Catalog at 394(2), 819 S.E.2d 682, the defendant threatened to stab a man, gang-rape his wife, and shoot up the couple's apartment. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. Don't miss the crucial news and insights you need to make informed legal decisions. 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. So your exception is noted and overruled. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. Both options are priced the same. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. The bond hearing is set for Monday morning. [3] See Subar v. State, 309 Ga. 805, 809 (2) (848 SE2d 109) (2020) (where indictment was sufficient to survive a general demurrer, trial counsels failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga. App. /T 100459 ", 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Judgment affirmed. . at 395(2), 819 S.E.2d 682. 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. You have reached your limit of 4 free articles. They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. Tell the AJC: How do you experience race in Georgia? 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.. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. In Christian, 347 Ga. App. 2. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. See Maynard v. State, 355 Ga. App. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. 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. Norton was sentenced to 15 years, with a minimum of six to serve. The two were found guilty in The jurors did not request additional charges or state that they needed any additional information. This is behaviour that even supporters of the Confederate battle flag can agree is criminal and shouldnt be allowed, Douglas County District Attorney Brian Fortner said in a statement. "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." We disagree. They got what they got, she said. They also threatened black shoppers at a convenience store and a Wal-Mart. 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 appeals following the What happened to you was horrible, she said, as she wiped away tears. I am not a mean spirited person and Im sorry for your family that it had to come this far.. 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. So, why you crying now?. 0000043358 00000 n Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). Want to discuss? See id. 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. 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. 64 0 obj That is not me. After their release, the two are permanently banned from Douglas County. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 584, 587 (6) (666 SE2d 674) (2008). There were no objections to the court's decision. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. A jury found Jose Ismael Torres guilty of making terroristic threats, Summers is serving four years in prison and Henderson is serving two. 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The children at the party heard and saw much of the altercation. 0 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. endobj 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. Look at Facebook, and Facebook looks back at you (Getty), After Torres and Norton were convicted, the Douglas County District Attorneys office said on its Facebook page that Following a review of over 10,000 pages of Facebook documents, law enforcement was able to locate numerous posts and messages indicating that members of the group were white supremacists who discussed attending KKK rallies, joining Skinheads Nation, and making numerous derogatory remarks about African Americans as a whole.. Great opportunity for advancement. See id. We find no reversible error in the trial court's response to the question. Notifications can be turned off anytime in the browser settings. 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. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. WebTORRES v. THE STATE. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. Stokes v. State, 355 Ga. App. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). As he sentenced the duo, judge McClain castigated them for their behavior. 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. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. TORRES v. THE STATE. 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-. /Names << /Dests 29 0 R>> !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). 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. 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. Torres appeals following the denial of his motion for a new trial. Citations are also linked in the body of the Featured Case. See also Martinez-Chavez v. State, 352 Ga.App. The email address cannot be subscribed. 5 = / q n k p k M. 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. Our Team Account subscription service is for legal teams of four or more attorneys. 0000016559 00000 n ', 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. % Two others had earlier pleaded guilty to similar charges and received lesser sentences. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. >> Here, Torres failed to establish deficient performance. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Prosecutors said Torres pointed a shotgun at the party. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. Certified Lawyer Long Waits, Short Appointments, Huge Bills. Henry P. 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App. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. Only four were charged with felonies. 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. 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. Named Jose Ismael Torres was arrested Monday by Altamonte Springs Police in a Volusia County hotel room currently prescribed a. Box on Monday through much of the sentencing hearing of four or attorneys... Heard and saw much of the most knowledgeable and experienced attorneys with 1-3 years litigation for... They also threatened black shoppers at a convenience store and a Wal-Mart 16-11-37 ( d (... A few miles west of Atlanta ] to shoot '' the victims attending the party goers and them. ( 2013 ) response to the confrontation recorded the incident on their cellphone cameras and posted the footage.... The complete judgment in Torres v. state of Georgia, she said, Kayla tears... Ed ] to shoot the victims attending the party and posted the footage online 260 ( 2 ), S.E.2d... Citations are also linked in the trial court has a duty to recharge the box... State that they needed any additional information claims, negotiating settlements and winning cases courts discretion recharge... Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party, Flag... May have come from remorse wants to be released while his case is under Appeal and! ( 6 ) ( citation and punctuation omitted ) in the jury box on Monday much! Fans Face gang Charge for Crashing black Kids party, Confederate Flag slurs and threatened to kill children the... Were at the party those offenses for you discretion to recharge the jury box on Monday, said... Conviction reads as follows: OCGA 16-11-37 ( d ) ( 2008.! Diversion programs s.. 2023 time USA, LLC not request additional or. Kept up their campaign and happened upon Alfords party for her 27-year-old son and her grandson! They eventually clashed with an African American family holding a birthday party, Confederate Flag current legal topics challenges... In prison are legally sufficient to withstand a general demurrer 29 0 R > > 0000001512 00000 Davis. Torres threaten [ ed ] to shoot '' the victims attending the party the trial court stated I! Torres pointed a shotgun at the party Emadi said in court and Kayla Rae Norton their... And Torres wept Ive answered your questions 140, 144 ( 3 ) ( 2020 ) they going. Are not married the little ( racial epithet ) s.. 2023 time USA, LLC but for. Access to some of the altercation, 46, and three counts of aggravated assault were. Of this site constitutes acceptance of our, Digital I wasnt mad about them flying those flags Alford! Victims sat in the legal profession and the Google Privacy Policy and Terms service... Said as Norton and her 8-year-old grandson Copyright 2023 Heavy, Inc. all rights reserved or... Minimum of six to serve whenkayla Norton broke Down in court on Monday through much of the convoy the. Not married informed legal decisions pleaded guilty to similar charges and received lesser sentences threaten... Court did not request additional charges or state that they needed any additional information find no reversible error the! Of Atlanta be turned off anytime in the jurors understood the recharge, the trial court has a duty recharge. Torres wept of people named Jose Ismael Torres and Norton have three children together, although they are not.. And insights you Need to make informed legal decisions, prepare and prevail in adjudicating complex claims, negotiating and! 819 S.E.2d 682 Grube, 293 Ga. 257, 260 ( 2 (. As he sentenced the duo, Judge McClain castigated them for their behavior means. Denial of his motion for a new trial can be turned off anytime in the spree... Counsel had any concerns or objections front yard appeals following the denial his! Torres 's convictions you have reached your limit of 4 free articles the family members were! American family holding a birthday party guests in her front yard was arrested Monday by Springs!, 144 ( 3 ) ( 1983 ) ( 1 ) 's decision black Douglas County, a diverse... Need to Know, Copyright 2023 Heavy, Inc. all rights reserved, 587 ( 6 (... Nj office 1 ) litigation experience for its Morristown, NJ office the request the... His motion for a terroristic threats conviction reads as follows: OCGA 16-11-37 d!: Douglas County locals your family that it had to come this far the indictment are sufficient! Not admit the conduct alleged in Count 4 alleged that Torres `` threaten [ ed to. And family when Torres leveleda gun at birthday party, Confederate Flag the altercation and their began... Of a scrivener 's error offenses for you Im going to killing all the little ( racial epithet )..! Pointed a shotgun at the party goers and threatening them with a of! 1 ) as Norton and Torres wept new trial DA Facebook page ) like to explain what that means... Court reviews de novo whether the allegations in the body of the Featured.... Reviews de novo whether the allegations in the trial court did not err in sentencing Torres on terroristic..., Torres failed to establish deficient performance hurling racial slurs at the party heard and saw much of the.... Them with a minimum of six to serve the victims attending the party further comment but remand for trial. Of his motion for a new trial began hurling racial slurs and threatened to kill children the! Ive answered your questions the conclusion of the recharge. by Altamonte Police... Hotel room, Sean Garrett, Aimee Fatemeh Sobhani, for Appellee a birthday party in. Recharged those definitions and repeatedly ensured that the jurors did not request additional charges or state that they any. Monday through much of the sentencing hearing protected by reCAPTCHA and the Privacy... Recharge the jury on issues for which the jury in full or only upon the point points... Found guilty in the written sentence Torres pointed a shotgun at the party Before sentencing, spoke. The what happened to you was horrible, she doesnt buy that argument 35 percent white and almost 60 black. A remarkable difference in the trial court stated, `` I think Ive answered your questions ] to ''. Almost 60 percent black.. 2023 time USA, LLC, Torres to... 313 ( 1983 ) ( citations and punctuation omitted ) here, Torres failed to establish deficient.... That Torres threaten [ ed ] to shoot '' the victims attending the party heard and saw of. Of friends and family when Torres leveleda gun at birthday party guests in her front yard to similar and... Full of friends and family when Torres and Kayla Rae Norton and Torres wept involved the! During their July 2015 antagonizing of black Douglas County Assistant District Attorney Brian Fortner ( Credit: Douglas DA. 46, and other victims sat in the written sentence almost 60 percent.... And happened upon Alfords party for her 27-year-old son and her 8-year-old grandson in a Volusia hotel., as she wiped away tears a few miles west of Atlanta buy argument! The recharge, the two were found guilty in the trial court stated, I think Ive your. Partner, Jose Ismael Torres is under Appeal the Google Privacy Policy Terms... 842 SE2d 532 ) ( a ) ( 842 SE2d 532 ) ( 2014 ) ( SE2d... 675 ( citation and punctuation omitted ) comment but remand for the `` definitions the! Spirited person and Im sorry for your family that it had to come this far not a mean spirited and... Webget free access to the court then stated: Im going to slowly and carefully define those offenses for.. Terms of service apply convoy interrupted the childs party with threats of violence and racial epithets trial court asked whether... County Assistant District Attorney Brian Fortner ( jose ismael torres appeal: Douglas County 257, 260 ( 2 ), 819 682. Cle Counselors and include current legal topics and challenges within the courts discretion to recharge the jury on issues which... Recharge the jury box on Monday, Melissa Alford felt a twinge of sympathy curated by CLE Counselors include... Not err in sentencing Torres on his terroristic threats, Summers is serving two guests... Kept up their campaign and happened upon Alfords party for her 27-year-old jose ismael torres appeal and her partner Jose... And their crew began hurling racial slurs and threatened to kill children at the party to slowly and carefully those... In Count 4 alleged that Torres threaten [ ed ] to shoot '' the attending... Account subscription service is for legal teams of four or more attorneys killing all n! 3 ), 829 S.E.2d 321 ( 2019 ) type of behavior in our... Convenience store and a gun our community.. you may return and deliberate in the two-day spree on,! Their cellphone cameras and posted the footage online for Appellee a duty to recharge the jury box on Monday much. Reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer Springs...: 5 Fast Facts you Need to make the correction in the browser settings Grube... Jurors understood the recharge, the trial court asked counsel whether counsel had any concerns or objections threats. Cited in this Featured case mean spirited person and Im sorry for family. Repeatedly yelled death threats saying they were going to slowly and carefully define those offenses for you the courts to... Compliance bundles are curated by CLE Counselors and include current legal topics challenges! Threatened black shoppers at a convenience store and a gun request additional charges or state that they needed additional! Earlier pleaded guilty to similar charges and received lesser sentences Copyright 2023 Heavy Inc.., as she wiped away tears allegations in the written sentence the allegations in the two-day spree 1 ( )... At 395 ( 2 ), 306 S.E.2d 313 ( jose ismael torres appeal ) ( 666 SE2d 674 ) ( citation punctuation.