. WebB2 dailybusinessreview.com TUESDAY, FEBRUARY 28, 2023 DAILY BUSINESS REVIEW BROWARD U.S. DISTRICT 23-cv-80259-RLR, Chanel, Inc. v. Eye of the Needle Palm 149 863 S.E.2d 399. There were no objections to the court's decision. Both wept as the sentences were handed 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. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 0000026308 00000 n Your Real Estate Legal and Brokerage Expert. What happened to you is absolutely awful.. So, why you crying now?. 149. xref WebTORRES v. The STATE. 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. /T 100459 Several of them were brandishing guns. 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. 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 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. Douglas County District Attorney Brian Fortner said in an interview that the prosecution of the attack began with people with less serious involvement, and moved in toward those who drove it. Please read our Commenting Policy first. District Court of Appeal of Florida, Fifth District. 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. Rickman, C. J., and McFadden, P. J., concur. 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. Summers is serving four years in prison and Henderson is serving two. Keep fg with our flag!!!!!! 391, 394(2), 819 S.E.2d 682 (2018). 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. 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. See also MartinezChavez v. State, 352 Ga. App. WebIn the Court of Appeals of Georgia A21A1148. 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. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. at 248(2)(a), 756 S.E.2d 322 (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). Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. I will simply not tolerate this type of behavior in our community.. 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. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. All rights reserved. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. 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. startxref "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." 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." An indictment shall be deemed sufficiently technical and correct to withstand a general demurrer if it states the offense in the terms and language of [the Georgia] Code or so plainly that the nature of the offense charged may easily be understood by the jury. 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. 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. 0000001815 00000 n Torres appeals following the 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 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. /Names << /Dests 29 0 R>> They got what they got, she said. 391, 394 (2) (819 SE2d 682) (2018). In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorneys performance was deficient and that he was prejudiced by the deficient performance. 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." Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). I forgive all of you, Bryant said as Norton and Torres wept. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. 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 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Rickman, C. J., and McFadden, P. J., concur. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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). 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 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. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. 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. Our Team Account subscription service is for legal teams of four or more attorneys. 0000000017 00000 n Tell the AJC: How do you experience race in Georgia? 64 0 obj After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 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. Before sentencing, Norton spoke directly to the family members who were at the party. 2023 TIME USA, LLC. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. IE 11 is not supported. 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. 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. /Metadata 44 0 R 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. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. /Pages 42 0 R 0000001512 00000 n See id. 45 20 See Bautista v. State, 305 Ga. App. 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 247(2), 756 S.E.2d 322 (citation and punctuation omitted). What America's Richest Ski Town's Handling of COVID-19 Shows. 2. Also we would like the map display." 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. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. Well kill all the little (racial epithet)s.. 0000018120 00000 n 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. (WXIA), More people plead guilty to the crime and are serving lighter sentences. /Prev 100447 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. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). 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. 584, 587 (6) (666 SE2d 674) (2008). Although the jurors' note contained a parenthetical reference to the "18-page document" that comprised all jury instructions, the note specifically requested "the definitions of the charges." Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Join Facebook to connect with Jose Ismael Torres and others you may know. See id. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Torres appeals following the denial of his motion for a new trial. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Prosecutors said Torres pointed a shotgun at the party. We find no reversible error in the trial court's response to the question. My understanding was that the Court was going to read the same thing that you read to them in [the full jury] charge, rather than just the charges themselves. EpiPens dont work in space? 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. Tell the AJC: How do you experience race in Georgia? 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. SPLC attorneys also brought witnesses to the prosecutor and have been representing some of the people at the party., The SPLC report included details most media sources omitted, including the exact threats and epithets Respect The Flag members allegedly shouted at party-goers. 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. at 395 (2). Torres appeals following the denial of his motion for a new trial. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. /H [ 831 681 ] There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. All right?" Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). 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. Click on the case name to see the full text of the citing case. 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 trial court found that trial counsel was not ineffective in this regard. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. Instead, this case was about a group of people riding around our community, drinking alcohol, harassing and intimidating our citizens because of the color of their skin. Fortners statement went on to say that at the childs birthday party, members of Respect The Flag pulled out a shotgun and pointed it at the victims. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. But Alford wasnt so sure. 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. 1. Receive free daily summaries of new opinions from /L 101483 at 395(2), 819 S.E.2d 682. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. /O 47 /P 0 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. I forgive you. Assistant District Attorney David 84, 88-89 (3) (842 SE2d 532) (2020). ", 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. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. WebJose Ismael Torres, Wewahitchka, pro se. In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorney's performance was deficient and that he was prejudiced by the deficient performance. You may return and deliberate." They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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You have reached your limit of 4 free articles. >> A judge sentenced two people to lengthy prison terms on Monday for disrupting an 8-year-old black girls birthday party in 2015 by using racial slurs, showing the Confederate flag and making armed threats. 5d16-4395 state of florida, appellee. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 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. [c]ommit any crime of violence . RELATED: Racist threats outside black child's party lead to prison sentence. The majority of police officers visible in the initial birthday-party cellphone video were white. I forgive all of you. 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. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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-. 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. 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