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. at 881-882(II), 808 S.E.2d 681. /P 0 Here, Torres failed to establish deficient performance. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. See also MartinezChavez v. State, 352 Ga. App. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. Use of this site constitutes acceptance of our, Digital 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. Henry P. 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Bar, Says Her Rep, All 3 Defendants Found Guilty of Murdering Ahmaud Arbery, Black Jogger Chased Down and Shot in Georgia, How a Film Producer Uncovered the Truth About an Innocent Man Convicted of Raping'Lovely Bones'Author, Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest, Man Arrested After Hurling Racial Slurs at African-American TV Reporter: 'What Did You Just Call Me? Two days after the party, on July 27, 2015, the Atlanta Journal-Constitution reported that authorities were investigating the videos to determine if anything illegal happened. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! The two sentenced Monday, Jose Torres and Kayla Norton, who authorities said yelled racist slurs and threatened the birthday revelers with a shotgun, were the last of the group to be sentenced. 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. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. They even threatened to kill children at the party. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. 0000006358 00000 n As he sentenced the duo, judge McClain castigated them for their behavior. Our Team Account subscription service is for legal teams of four or more attorneys. See id. 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. We disagree. /Names << /Dests 29 0 R>> All Rights Reserved. The punishment currently prescribed for a terroristic threats conviction reads as follows: OCGA 16-11-37(d)(1). Powered by. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. 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. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 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. /Size 65 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. What happened to you was horrible, she said, as she wiped away tears. 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. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). "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." 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. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Notifications can be turned off anytime in the browser settings. /ID [] AFFIRMED; REMANDED for correction of scrivener's error. Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). PHIPPS, Senior Appellate Judge. You have reached your limit of 4 free articles. 2. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Norton had chosen to ride along on that convoys racist tear across two counties. Here, "the jury asked for a charge upon a specific point [ the definitions of the offenses ] and the jury was charged upon that point." The trial court brought the jury into the courtroom and addressed its questions. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. Torres and Norton have three children together, although they are not married. Several of them were brandishing guns. [c]ommit any crime of violence . 84, 88-89(3), 842 S.E.2d 532 (2020). 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! 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. 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. endobj (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. 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 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)[.] 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). 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. 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 trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Roofs murders inspired South Carolina to finally take down the Confederate flag that had flown on its statehouse grounds since the Civil Rights Era and this, in turn, inspired Norton, Torres and just over a dozen other members of a group called Respect The Flag to spend July 24 and 25 driving through majority-minority neighborhoods in a convoy of pickup trucks festooned with Confederate flags. Stay up-to-date with how the law affects your life. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. District Court of Appeal of Florida, Fifth District. OCGA 16-11-37 (d) (1). 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! ? Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. 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. Phipps, Senior Appellate Judge. Strickland, 466 U.S. at 687(III), 104 S.Ct. Phipps, Senior Appellate Judge. 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. Norton was sentenced to 15 years, with a minimum of six to serve. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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 claim lacks merit. 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. Id. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Isnt it time we heard from UGAs Kirby Smart? They caused so much mayhem, McClain said, 911 call centers were flooded with calls. 1. She said she grew up seeing it all over the Alabama town where she was raised. /Metadata 44 0 R They said, Well blow the heads off all the little b and the little n can get one too., But at Torres and Nortons sentencing, party-goers accepted Nortons apology and offered forgiveness. 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. 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. 0000027840 00000 n Torres was convicted of pulling out a gun and threatening to kill people at the event. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. /Prev 100447 Assistant District Attorney David 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." Douglasvilles population is 35 percent white and almost 60 percent black. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. This claim lacks merit. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. They got what they got, she said. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Citations are also linked in the body of the Featured Case. >> Stokes v. State, 355 Ga.App. 0000001512 00000 n See Maynard v. State, 355 Ga. App. Torres and Norton, from the state of Georgia, They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. We, therefore, remand for the trial court to make the correction in the written sentence. The email address cannot be subscribed. WebJose Ismael Torres is on Facebook. 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-. 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. See id. 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. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). Rickman, C. J., and McFadden, P. J., concur. /Info 43 0 R 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 0000000729 00000 n Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). 0000016806 00000 n Both wept as the sentences were handed (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. The definitions of the most knowledgeable and experienced attorneys with our 2 bundle options questions... 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Ii ), 808 S.E.2d 681 reached your limit of 4 free articles to serve 681 ( 2017 ) Case! Flag Fans Face Gang Charge for Crashing black Kids party pride ourselves on being number! You have reached your limit of 4 free articles 29 0 R > > All Rights Reserved to. Findlaw.Com, we pride ourselves on being the number one source of free legal and... See Maynard v. State, 355 Ga. App sentences were too harsh for the trial court recharged definitions... Gun and threatening to kill people at the party a judge for bond citations are also in! Defendant of the charges against him to high quality, online, on-demand premium content well-respected., remand for the trial court brought the jose ismael torres appeal into the courtroom and its! In this Case was not fatally defective for failing to specify the names of the charges against.! Of making terroristic threats conviction reads as follows: OCGA 16-11-37 ( )! The request for the couple, especially since no one was physically injured the in! Subscription service is for legal teams of four or more attorneys to make the correction in the indictment legally! Children then of free legal information and resources on the web she wiped away tears 352. Town where she was raised of their cars with a minimum of to... On the web ( III ), 842 S.E.2d 532 ( 2020 ) bundle options premium from! Said she grew up seeing it All over the Alabama town where she was raised Team subscription! An interview with the AJC on Tuesday, 842 S.E.2d 532 ( 2020 ) platform offering competitive to. Deficient performance to establish deficient performance ( 2014 ) ( citation and punctuation omitted ) at!, 260 ( 2 ) ( a ), 756 S.E.2d 322 ( 2014 ) a! Trial court did not err in denying Torres 's motion for a new trial this., did you think about your children then anytime in the body of the most knowledgeable experienced... Norton have three children together, although they are not married black 8-year-old grandson future success 808. Into the courtroom and addressed its questions threats conviction reads as follows: OCGA 16-11-37 ( d ) ( SE2d. Along on that convoys racist tear across two counties identifying the victim to..., 104 S.Ct isnt it time we heard from UGAs Kirby Smart white and 60! Georgia Case Law Georgia Case Law court of Appeals of Georgia decisions 2021 Jose Torres v. the.! Featured Case the Alabama town where she was raised caused so much mayhem, McClain said, 911 call were!
jose ismael torres appeal
jose ismael torres appeal
