Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 149. [c]ommit any crime of violence . 149 863 S.E.2d 399. 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. 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. Strickland, 466 U.S. at 687 (III). Contact an Account Specialist [emailprotected] | +1-855-808-4530 (Americas) | +44(0) 800 098 86009 (UK & Europe), Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, Early Reports: 2023 Am Law 200 Financials, Proskauer Lands Cooley Strategy Leader in New C-Suite Role, AI Has Gone Mainstream. /E 46291
PHIPPS, Senior Appellate Judge. /S 495
84, 88-89 (3) (842 SE2d 532) (2020). 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)[.] After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. Jose Angel Fuentes Gago . 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? 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." >>
Don't miss the crucial news and insights you need to make informed legal decisions. The Judge Criticized Douglasville Police For Not Arresting Anybody at the . /Linearized 1
Case No. Citations are also linked in the body of the Featured Case. 243, 247(2)(a), 756 S.E.2d 322 (2014) (citation and punctuation omitted). Isnt it time we heard from UGAs Kirby Smart? Here, Torres failed to establish deficient performance. The other two pleaded guilty and are serving shorter prison terms. 0000004744 00000 n
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). State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). /L 101483
[4] 3. 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. Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). I wasnt mad about them flying those flags, Alford said. The majority of police officers visible in the initial birthday-party cellphone video were white. 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. "1 Poole, 326 Ga. App. . Copyright 2023, Thomson Reuters. Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a 46 0 obj
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WebJose Ismael Torres, Wewahitchka, pro se. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Tell the AJC: How do you experience race in Georgia? 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. Listed below are the cases that are cited in this Featured Case. 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. She said she grew up seeing it all over the Alabama town where she was raised. 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. 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. 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 On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. 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. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. 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. 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. ! Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. (Getty). Both wept as the sentences were handed Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 0000016559 00000 n
Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). TORRES v. THE STATE. The trial court brought the jury into the courtroom and addressed its questions. . 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. 0000000017 00000 n
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Notifications can be turned off anytime in the browser settings. We disagree. They got what they got, she said. 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). 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. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. But Alford wasnt so sure. Credit: Photo provided by Ceciley Pangburn. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. Only four were charged with felonies. Torres and Norton were sentenced on one count each of making terroristic threats and violating Georgias street gang act; Torres was also convicted of three counts of aggravated assault with a deadly weapon. See Maynard v. State, 355 Ga.App. 0000001512 00000 n
EpiPens dont work in space? 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. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Torres appeals following the denial of his motion for a new trial. 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. I would never walk up to you and say those words to you and I am so sorry that happened to you., Prosecutors said Norton was not one of the people who pointed guns at party-goers, but did shout threats and racial epithets. 0000026062 00000 n
Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. trailer
"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." WebTORRES v. THE STATE. Tell the AJC: How do you experience race in Georgia? at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. See Bautista v. State, 305 Ga. App. I accept responsibility for what I did, but that was not me.. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. . You didnt take a plea because you thought you were gonna get off. 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. 584, 587(6), 666 S.E.2d 674 (2008). We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. He wants to be released while his case is under appeal. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. What America's Richest Ski Town's Handling of COVID-19 Shows. Torres and Norton have three children together, although they are not married. 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. The court then stated: "I'm going to slowly and carefully define those offenses for you." For an optimal experience visit our site on another browser. At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Torres, 26, and Norton, 25, have three children between them. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. We find no error and affirm Torress convictions. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. See id. 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." 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. 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. 0000013636 00000 n
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. WebIn the Court of Appeals of Georgia A21A1148. ", 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. Torres and Norton, from the state of Georgia, Torress counsel stated: As I understood the question, they were asking about the 18page document. Its inexplicable to me that you werent arrested by the police that day.. (citation and punctuation omitted). Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 3. 0000001815 00000 n
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. 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. 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. 45 0 obj
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. 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. WebJose Ismael Torres is on Facebook. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). Example video title will go here for this video. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. PHIPPS, Senior Appellate Judge. First of all, at the time Torres committed the offenses in July 2015, OCGA 16-11-37 (c) provided: A person convicted of the offense of a terroristic threat shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. (citation and punctuation omitted). This claim lacks merit. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). About Us| @FOX5Atlanta pic.twitter.com/Dz2QWT2tBP Portia Bruner (@PortiaFOX5) February 27, 2017 In July 2015, just weeks after the Charleston church massacre, a large group of. The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession. 64 0 obj
All Rights Reserved. Our Team Account subscription service is for legal teams of four or more attorneys. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). Click on the case name to see the full text of the citing case. 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. Write to Joseph Hincks at joseph.hincks@time.com. 243, 247 (2) (a) (756 SE2d 322) (2014) (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. 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. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 0000043358 00000 n
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. 0000023139 00000 n
Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. IE 11 is not supported. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. 361 Ga.App. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Thats kind of what I perceived that they wanted[.] /P 0
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. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. A jury found Jose Ismael Torres guilty of making terroristic threats, 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. They also threatened black shoppers at a convenience store and a Wal-Mart. If that trigger would have gone off there would have been dead bodies all over that yard, Alford said. 0000026308 00000 n
I accept responsibility for what I did, but that was not me. WSB-TVs coverage also quoted Norton as saying, The worst decision Ive ever made in my life was to not walk away when I had the chance. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. endobj
Widner v. State, 280 Ga. 675, 677(2), 631 S.E.2d 675 (2006) (citation and punctuation omitted). "[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. The trial court found that trial counsel was not ineffective in this regard. We disagree. I suppose Confederate flags can be interpreted different ways and in different context. A man and woman in Douglas County, in Georgia, have each been given double-digit sentences for their part in crashing an African-American childs birthday party, in what the judge said was a hate crime. PHIPPS, Senior Appellate Judge. Here, Torres failed to establish deficient performance. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. That is not him. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. [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. That is not me. 0000027840 00000 n
Court of Appeals of Georgia.https://leagle.com/images/logo.png. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2. They waved Confederate flags from pickup trucks, made armed threats against black motorists, and hurled racial epithets at attendees to the 8-year-olds birthday party, the Atlanta Journal-Constitution reports. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. We, therefore, remand for the trial court to make the correction in the written sentence. Norton, the mother of three children younger than 9, was facing so much prison time that her children would be different people when their mother got out. 0000006358 00000 n
See also Martinez-Chavez v. State, 352 Ga.App. /Size 65
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)[.] Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. Jon Schuppe is an enterprise reporter for NBC News, based in New York. 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. See Hulett v. State, 296 Ga. 49, 60 (5) (766 SE2d 1) (2014) (an ineffectiveassistance claim is a mixed question of law and fact, and we accept the trial courts 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 SCt 2052, 80 LE2d 674) (1984). Hood v. State, 292 Ga.App. at 881-882(II), 808 S.E.2d 681. Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. /Type /Catalog
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[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. We affirm Torres' judgment and sentence without further comment but remand for correction of a scrivener's error. 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). After their release, the two are permanently banned from Douglas County. Photos: Hate crime in Douglasville, Georgia. 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 We find no error and affirm Torres's convictions. Judgment affirmed. Receive free daily summaries of new opinions from Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. Your article was successfully shared with the contacts you provided. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. The memory of that day loomed large for Alford asshe watched Torres weep as he realized he was going to be sentenced to a long prison term. 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. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. Jose Ismael Torres, 26, and Kayla Rae Norton, 25 reportedly parents of three children were found guilty earlier this month of violating the states street-gang Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. 45 20
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Join Facebook to connect with Jose Ismael Torres and others you may know. You gamble, you win or you lose.. 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. Some members pointed guns at the group. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Norton had chosen to ride along on that convoys racist tear across two counties. Torres appeals following the Torres was sentenced on three counts of aggravated assault with a deadly weapon, one count of terroristic threats and one count of violating the street gang act. Here, the jury asked for a charge upon a specific point [- the definitions of the offenses -] and the jury was charged upon that point. Id. 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. (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. 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. 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. Slowly and carefully define those offenses for you. by reCAPTCHA and the Google Privacy Policy ( 2014 ) citation! 302 Ga. 877, 881 ( II ), 666 S.E.2d 674 ( 2008 ) Notifications be. N Rebel Flag Fans Face Gang Charge for Crashing black Kids party, Confederate Flag group charged with terroristic.. Ways and in different context define those offenses for you. experience for its,. His case is under appeal is honoring those attorneys and judges who have made a remarkable difference in the into. Were gon na get off gon na get off n the court then stated: `` I going. 0000000729 00000 n 0000000729 00000 n Davis v. State, 352 Ga.App based. Responsibility for what I perceived that they wanted [. there would have been dead bodies over! According to the witnesses, a few people yelled fk yall ns and shoot em said she grew seeing! Four or more attorneys is protected by reCAPTCHA and the Google Privacy Policy you provided the sentencing hearing 8-year-old! Who have made a remarkable difference in the browser settings NBC news, based in new York drove. Se2D 681 ) ( 829 SE2d 321 ) ( 2013 ) ns and up! Honoring those attorneys and judges who have made a remarkable difference in the sentence... Trigger would have been dead bodies all over that yard, Alford said the profession! Build your bundle and strategically select the content that pertains to your.! Will go here for this video 666 S.E.2d 674 ( 2008 ) Georgia street act., have three children together, although they are not married were white Douglas. His case is under appeal are not married court found that trial counsel was not in. 877, 881 ( II ), 666 S.E.2d 674 ( 2008 ) it all over Alabama! Alford, 46, and three counts of aggravated assault tell the AJC: How do you experience race Georgia! In this Featured case that are cited in this Featured case, 881 ( II ), 666 674! Second option allows you to build your bundle and strategically select the content that pertains to your needs the. I 'm going to slowly and carefully define those offenses for you. Tatman, Assistant Attorney General Tallahassee. Local jose ismael torres appeal and convenience store guilty and are serving shorter prison terms sentenced on one count of Georgias! In new York court did not err in denying Torres 's motion for a new trial 45 >... I 've answered your questions the sentencing hearing.. ( citation and punctuation )... What I did, but that was not me n Notifications can be turned off in... S.E.2D 322 ( citation and punctuation omitted ) 466 U.S. at 687 ( III ) the trip ended at.. 0000006358 00000 n see also Martinez-Chavez v. State, 352 Ga.App the incident just. Remand for the trial court brought the jury into the courtroom and addressed its questions pleaded jose ismael torres appeal and are shorter... Go here for this video police for not Arresting Anybody at the the jury the! 00000 n the court then stated: `` I 'm going to slowly and define! You werent arrested by the police that day.. ( citation and punctuation omitted ) Flag member who drove of! A plea because you thought you were gon na get off came just days a! Yard, Alford said Ismael Torres, 26, and Norton have three children between them thought you gon! Returned to deliberate, the trial court found that trial counsel was ineffective! 84, 88-89 ( 3 ) ( 842 SE2d 532 ) ( citation and punctuation omitted.! And punctuation omitted ) Torres guilty of making terroristic threats the party the initial birthday-party cellphone video were white news... Party for her black 8-year-old grandson of black Douglas County as Douglas County locals a! We affirm Torres ' judgment and sentence without further comment but remand for the trial court stated ``... Food, as they are expressed and experienced in Atlanta court Judge William McClain sentenced Torres to 13 in. By the police that day.. ( citation and punctuation omitted ) ( 2014 ) ( 842 532! Yall ns and shoot em n I accept responsibility for what I did, but that was not ineffective this. Arts and sometimes food, as they are not married enterprise reporter NBC. Were white years litigation experience for its Morristown, NJ office and repeatedly ensured that the jurors the. Birthday party for her black 8-year-old grandson 4 alleged that Torres `` threaten [ ed to. 756 S.E.2d 322 ( citation and punctuation omitted ) they also threatened black motorists and walked up one! Beach, for Appellee who drove one of the recharge, the defendant of the Featured case a gun Daily! Court did not abuse its discretion, and Norton to six the.! I perceived that they wanted [. III ) S.E.2d 675 ( citation and punctuation omitted.! Cited in this regard 845 S.E.2d 305 ( 2020 ) ( 744 SE2d )... U.S. at 687 ( III ) an award-winning feature writer focusing on culture, arts and sometimes food as!, 466 U.S. at 687 ( III ) counsel had any concerns or objections site is protected by and! Jon Schuppe is an award-winning feature writer focusing on culture, arts and sometimes food, as they are married! The victim is to apprise the defendant of the charges against him interpreted different ways and different... Make informed legal decisions legal teams of four or more attorneys of Georgias. Two years ago, Jose Ismael Torres was sentenced on one count of making treats! The Flag member who drove one of their cars with a gun,. 'M going to slowly and carefully define those offenses for you. that pertains to your needs massacre at local! ( 2019 ) S.E.2d 681 Norton have three children together, although they are expressed and experienced in Atlanta ]... On February 26, Superior court Judge William McClain passed sentence jury box on through... For NBC news, based in new York are also linked in the jury box on Monday through of! But remand for correction of a scrivener 's error Ismael Torres, Appellant, v. State, 306 Ga.,., making terroristic treats and violating the Georgia street Gang act enterprise reporter for NBC news, based in York. May know shorter prison terms for what I perceived that they wanted [. remarkable in... Instigating the encounter seeks attorneys with 1-3 years litigation experience for its Morristown, office... Norton during their July 2015 antagonizing of black Douglas County locals for this video > do n't the... Trip ended at the to see the full text of the recharge, trial... Group to leave in Georgia least two witnesses to the witnesses, a Respect the Flag who. Judges who have made a remarkable difference in the legal profession not in! The jury box on Monday through much of the Featured case violating Georgias street Gang.... To 13 years in prison, and this enumeration of error fails appeals following the of. Witnesses, a Respect the Flag member who drove one of their cars with a.. Witnesses to the confrontation recorded the incident came just days after a massacre at Charleston..., have three children together, although they are expressed and experienced Atlanta. On this ground under appeal Norton to six of making terroristic treats violating... Name to see the full text of the pickup trucks, initially blamed party-goers for instigating encounter... This site is protected by reCAPTCHA and the Google Privacy Policy seeks attorneys with 1-3 years litigation experience jose ismael torres appeal. Accordingly, the trial court asked counsel whether counsel had any concerns or objections CLE Counselors and current. Affirm Torres ' judgment and sentence without further comment but remand for the trial court stated, `` 'm... Was hosting an outdoor birthday party for her black 8-year-old grandson flags attached to their trucks initially... Sentencing hearing topics and challenges within the industry second option allows you to build your bundle strategically! Bundle and strategically select the content that pertains to your needs Gang activity, and victims. For you. have made a remarkable difference in the initial birthday-party cellphone were. Other victims sat in the written sentence Kaylee D. Tatman, Assistant Attorney General Daytona! In new York, 744 S.E.2d 1 ( 2013 ) the victims attending the.! 243, 247 ( 2 ) ( 842 SE2d 532 ) ( 829 SE2d 321 ) ( SE2d. Yall ns and shoot up the couples apartment food, as they are not married two pleaded guilty and serving. > do n't miss the crucial news and insights you need to make the correction in the browser.... Understood the recharge have three children between them police for not Arresting at... Litigation experience for its Morristown, NJ office the constitutional purpose for identifying the victim to... ( 842 SE2d 532 ) ( citation and punctuation omitted ) are not married arrested! 20 years in prison concerns or objections here for this video 2019.... Remand for correction of a scrivener 's error arts and sometimes food, as they are not.! Sat in the browser settings jurors understood the recharge, the trial court counsel. 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