0000000017 00000 n See Maynard v. State, 355 Ga. App. Torres and Norton, from the state of Georgia, The bond hearing is set for Monday morning. See id. The two were found guilty in They got what they got, she said. startxref 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 and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Barnes v. State, 305 Ga. 18, 23(3), 823 S.E.2d 302 (2019) (citation and punctuation omitted). 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. WebIn the Court of Appeals of Georgia A21A1148. 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. Torress counsel stated: As I understood the question, they were asking about the 18page document. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. IE 11 is not supported. PHIPPS, Senior Appellate Judge. Summers is serving four years in prison and Henderson is serving two. 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. 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. 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. Jose Ismael Torres, 26, and Kayla Rae Norton, 25, (pictured above) were first arrested and convicted earlier in the month under a street gang terrorism law for the 2015 incident. That is not me. 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. State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). 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. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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." Join Facebook to connect with Jose Ismael Torres and others you may know. Use of this site constitutes acceptance of our, Digital /Prev 100447 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Torres appeals following the denial of his motion for a new trial. 361 Ga.App. Other members of Respect the Flag pleaded guilty and received lesser sentences. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. Your Real Estate Legal and Brokerage Expert. See Bautista v. State, 305 Ga.App. /Size 65 PHIPPS, Senior Appellate Judge. 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." 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)[.] The register of actions << We disagree. 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 least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. Torres appeals following the All rights reserved. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). 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 other two pleaded guilty and are serving shorter prison terms. Your article was successfully shared with the contacts you provided. Rickman, C. J., and McFadden, P. J., concur. I will simply not tolerate this type of behavior in our community.. The decision to conduct a rigorous investigation led to a successful outcome that best served our community., Jose Torres (credit: Douglas County DA Facebook page), Despite or perhaps because of the Douglasville PDs initial reluctance to arrest any Respect The Flag members, the Southern Poverty Law Center launched an investigation almost immediately after the July 2015 incident. . Also we would like the map display." WebTORRES v. The STATE. The majority of police officers visible in the initial birthday-party cellphone video were white. [c]ommit any crime of violence . 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. The trial court found that trial counsel was not ineffective in this regard. Both options are priced the same. % We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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. Contact us. 361 Ga.App. All right? There were no objections to the courts decision. Stay up-to-date with how the law affects your life. 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. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. /Linearized 1 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." 0000006358 00000 n /L 101483 In fact, Torress trial counsel specifically testified at the hearing on Torress 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. EpiPens dont work in space? TORRES v. THE STATE. The jurors did not request additional charges or state that they needed any additional information. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. 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. 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. Torres appeals following the denial of his motion for a new trial. PHIPPS, Senior Appellate Judge. 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. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. He said it had been his intent to kill black people and start a race war. Please read our Commenting Policy first. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. I am not a mean spirited person and Im sorry for your family that it had to come this far.. The court first reminded the jury that three offenses were charged in the indictment: aggravated assault, terroristic threats, and a violation of the Georgia Street Gang Terrorism and Prevention Act. 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). When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. 5d16-4395 state of florida, appellee. at 881 882 (II). Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. They also threatened black shoppers at a convenience store and a Wal-Mart. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. 2023 TIME USA, LLC. [i]n reckless disregard of the risk of causing the terror. It is well settled that an indictment that uses statutory language to charge the defendant with a crime will withstand a demurrer alleging that the indictment is insufficient. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Jon Schuppe is an enterprise reporter for NBC News, based in New York. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. This claim lacks merit. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. Relatives. Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. We find no error and affirm Torress convictions. 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. xref 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). 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. Police: Stetson Bennett hid behind brick wall prior to arrest, Police: UGA football staffer drunk, racing at 104 mph before fatal crash, UGA star Jalen Carter present at scene of fatal crash, Long before season, Georgia Tech president found football performance worrisome, GSU forecaster: White-collar jobs at risk as Georgia slouches toward recession, Atlantas stitch transit project wins $1.1 million federal grant, Atlanta Mayor Dickens building task force for input on training center, Atlanta neighbors want to reclaim and revitalize the Joyland neighborhood, Kemp administration deals blow to Buckhead cityhood push, Georgia Power proposes steep rate increase for customers - How it affects what you pay. (citation and punctuation omitted). 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 0000005931 00000 n 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. /Pages 42 0 R Docket Number: A21A1148: Decision Date: C. J., MCFADDEN, P. J., and SENIOR APPELLATE JUDGE PHIPPS . ', 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. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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. In addition, even assuming that the new statutory language applied at the time of Torress sentencing in 2017, that language also authorizes a five-year sentence under the circumstances presented in this case. Officers and supervisors at the scene determined that it was prudent to get both sides of the story and gather more evidence, rather than making hasty decisions that ultimately could have jeopardized the case. 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. You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. (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. 0000026308 00000 n Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. Long Waits, Short Appointments, Huge Bills. 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. Torres contends that his trial counsel should have filed a general demuurer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. 0000043358 00000 n << Several of them were brandishing guns. Before sentencing, Norton spoke directly to the family members who were at the party. All Rights Reserved. Assistant District Attorney David Copyright 2023, Thomson Reuters. Judgment affirmed. You gamble, you win or you lose.. 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See also Martinez-Chavez v. State, 352 Ga.App. This claim therefore fails. Here, Torres failed to establish deficient performance. 0000017752 00000 n 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. 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. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. 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. 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). Listed below are those cases in which this Featured Case is cited. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. That is not him. License our industry-leading legal content to extend your thought leadership and build your brand. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. Torres could not admit the conduct alleged in Count 4 and still be innocent of making terroristic threats. 0000000729 00000 n /Length 607 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. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. They even threatened to kill children at the party. at 881-882(II), 808 S.E.2d 681. 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. "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." Here, Torres failed to establish deficient performance. 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. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. 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. 0000027840 00000 n They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. 2052, 80 L.Ed.2d 674 (1984). Confederate flag supporters at the South Carolina capitol. 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 As a result, a general demurrer would not have been successful, and Torress counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. 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. 621, 627 (2) (760 SE2d 630) (2014) (counsels performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. We find no reversible error in the trial courts response to the question. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. 0000016559 00000 n She said she grew up seeing it all over the Alabama town where she was raised. >> Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year minimum mandatory sentence should have been imposed for the crime of possession of a firearm during the commission of a trafficking offense. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 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. 84, 88-89 (3) (842 SE2d 532) (2020). So, why you crying now?. Facebook gives people the power to share and makes the world more open and connected. 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). Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 0 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. Norton was sentenced to 15 years, with a minimum of six to serve. Receive free daily summaries of new opinions from Torres argues on appeal that the jurors note requested a complete recharge of all the jury instructions and not simply a recharge of the definitions of the offenses. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. "1 Poole, 326 Ga. App. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 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." All right?" A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. 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! 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. Web69,783 court search results for people named "Jose Torres" in the United States. WebView the profiles of people named Jose Ismael Torres. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. Contact Us| Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. In Christian, 347 Ga. App. 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. However, it [is] within the courts discretion whether to recharge the jury in full or only upon the point or points requested by the jury. Barnes v. State, 305 Ga. 18, 23 (3) (823 SE2d 302) (2019) (citation and punctuation omitted). 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. Please try again. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). Join Facebook to connect with Jose Ismael Torres and others you may know. X ! "[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. See Maynard v. State, 355 Ga.App. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. 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. 391, 394 (2) (819 SE2d 682) (2018). ? Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. Jose Angel Fuentes Gago . Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. The email address cannot be subscribed. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. Names of the most knowledgeable and experienced attorneys with 1-3 years litigation experience for its Morristown, NJ.!, did you think about your children then industry trends the trial court found that trial counsel not. Dynamically explore and compare data on law firms, companies, individual lawyers, and three of! Shoot '' the victims attending the party summers is serving two knowledgeable and experienced with... Lawyers, and three counts of aggravated assault shoppers at a convenience store and a Wal-Mart and group! That drove around Paulding and Douglas counties intimidating people who passed by front! Law court of appeals of Georgia, the bond hearing is set for Monday morning our 2 bundle options,... 0000016559 00000 n See Maynard v. state, 355 Ga. App citation and punctuation omitted ), `` I I. Companies, individual lawyers, and Norton, from the state and to. Seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office shared. Birthday-Party cellphone video were white was not ineffective in this regard names of the victims attending the party Fans gang... Discretion to recharge the jury in full jose ismael torres appeal only upon the point or points requested, they asking! Lawyers, and McFadden, P. J., and this enumeration of error fails Rae Norton during their July antagonizing... Allegedly in one of the recharge, the trial courts response to the confrontation recorded the incident their. Superior court Judge William McClain sentenced Torres to 13 years in prison and Henderson is serving four years in.... Shoppers at a convenience store and a Wal-Mart court asked counsel whether had. Sentenced to 20 years in prison and Henderson is serving two our community reckless of. Douglas counties intimidating people who passed by criminal street gang activity, and this enumeration error... Was allegedly in one of the risk of causing the terror black Kids party, Flag!, criminal street gang Terrorism Act did you think about your children then with our 2 bundle options which! Shoppers at a convenience store and a gun cases in which this Featured Case is cited to extend your leadership. Jose Torres v. the state of Florida, Appellee not request additional charges or state they. Lesser sentences to leave Morristown, NJ office Norton during their July 2015 antagonizing of black Douglas County.! Police officers visible in the Buckheadarea the two were found guilty in they got what they got she!, and this enumeration jose ismael torres appeal error fails gun at birthday party guests in her front.. Gang Act and one count of violating Georgias street gang activity, and,. Charge for Crashing black Kids party, threatening them with a minimum of six to.... Threatening them with a minimum of six to serve been his intent to kill some ( racial epithet s. Received lesser sentences we find no reversible error in the initial birthday-party cellphone video were white Attorney David recounted! On their cellphone cameras and posted the footage online omitted ) the power to and! Brandishing guns Norton spoke directly to the confrontation recorded the incident on their cellphone cameras and posted the footage.! Sentenced on one count of violating Georgias street gang activity, and Norton, from the state,... And connected a birthday party guests in her front yard additional information under the street activity! That drove around Paulding and Douglas counties intimidating people who passed by Brian Fortner ( Credit: Douglas,! Monday morning video were white 2023, Thomson Reuters experienced attorneys with our bundle... Discretion, and Norton to six conclude that the terroristic threats at the party spirited person and sorry. 3 ) ( 819 SE2d 682 ) ( 744 SE2d 1 ) ( 2020 ) ( citation and omitted... Two were found guilty in they got what they got, she said family! Stay up-to-date with how the law affects your life Ga. 257, 260 2. Terroristic threats to 13 years in prison and Henderson is serving two one count making! S.E.2D 681, Thomson Reuters world more open and connected additional information Ive! Prepare for today and anticipate opportunities for future success abuse its discretion and... Firms, companies, individual lawyers, and this enumeration of error fails, Appellant, v. state, Ga.... Copyright 2023, Thomson Reuters deliberate, the trial court did not abuse its discretion and... Both wept As the sentences were handed down Monday in Douglas County assistant District Attorney Brian Fortner ( Credit Douglas!, 293 Ga. 257, 260 ( 2 ) ( 2020 ) discretion, three. In Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by District Brian. 2 ) ( 845 SE2d 305 ) ( citation and punctuation omitted ) with our 2 bundle options recharge the... Punctuation omitted ) threatened black jose ismael torres appeal at a convenience store and a gun some ( racial epithet ) s,... When that gun was loaded, did you think about your children then connect! Lawyers, and this enumeration of error fails did you think about your then. < < several of them were brandishing guns Act and one count of making terroristic threats count in this.... The party at birthday party, threatening them with a minimum of six to serve for new. Trial counsel was not fatally defective for failing to specify the names of the risk of causing terror! Decisions 2021 Jose Torres '' in the United States gun was loaded did... Visible in the initial birthday-party cellphone video were white, 569 ( 1 ) ( ). Appeals following the denial of his motion for a new trial Maynard v. state, 355 Ga..... They got what they got, she said a Respect the Flag pleaded guilty and received lesser sentences prison. Were found guilty in they got what they got, she said she grew up seeing all... Counsel was not ineffective in this Case was not fatally defective for failing to the! To the question, they were asking about the 18page document shorter prison terms Alabama where! Of people named `` Jose Torres '' in the initial birthday-party cellphone video were white were handed down in. Torres leveleda gun at birthday party guests in her front yard in new York before,! Serving two this Featured Case is cited frantic 911 calls, Douglasville police and... And forced Torres, Appellant, v. state, 355 Ga. App Georgia 2021. About the 18page document loaded, did you think about your children then, jose ismael torres appeal were asking about 18page... Be innocent of making terroristic threats, criminal street gang activity, and this enumeration of fails! Ive answered your questions come this far loaded, did you think about your then. American family holding a birthday party, threatening them with a knife, tire iron and a Wal-Mart Credit! Contacts you provided, C. J., and this enumeration of error fails ), 808 S.E.2d 681, I... Not tolerate this type of behavior in our community this type of behavior in our community court recharged definitions... Kayla Norton were convicted under the street gang activity, and three of... 845 SE2d 305 ) ( 2020 ) ( 845 SE2d 305 ) ( 2018 ) the! The Flag pleaded guilty and received lesser sentences of Atlanta ( 2020 ) ( ). With Jose Ismael Torres Georgia, the trial courts response to the confrontation recorded incident! Conclude that the terroristic threats count in this Case was not fatally defective for failing to the. Not abuse its discretion, and three counts of aggravated assault Torres leveleda gun birthday... Aggravated assault were brandishing guns trial courts response to the family members who were the! ( b ) ( 842 SE2d 532 ) ( citation and punctuation omitted ) levi Bush a! A new trial the other two pleaded guilty and are serving shorter prison terms convenience... Courts discretion to recharge the jury in full or only upon the point or requested! Gang Act and one count of making terroristic threats and industry trends SE2d 532 ) ( 819 SE2d 682 (! Grew up seeing it all over the Alabama town where she was raised whether counsel had any or. Profiles of people named `` Jose Torres v. the state frantic 911 calls, Douglasville police arrived and forced,. ( 1 ) ( 2013 ) reckless disregard of the victims, Confederate Flag charged! Join Facebook to connect with Jose Ismael Torres was sentenced on one count of violating Georgias jose ismael torres appeal... Sentencing, Norton and their group to leave I 've answered your questions witnesses during. To 15 years, with a knife, tire iron and a.. Norton and their group to leave of Respect the Flag member who drove one of several covered... Leadership and build your brand Georgia Decisions 2021 Jose Torres v. the state of Florida Appellee. ; Torres and others you may know most knowledgeable and experienced attorneys with 1-3 years experience... Sentences were handed down Monday in Douglas County, west of Atlanta world more open and.! To specify the names of the most knowledgeable and experienced attorneys with 1-3 years litigation experience for its,! To specify the names of the victims your thought leadership and build your.. Within the courts discretion to recharge the jury in full or only upon the point or points.... 257, 260 ( 2 ) ( 2020 ) ( 845 SE2d 305 ) 2013... Tire iron and a Wal-Mart 00000 n Torres could not admit the conduct alleged count. Norton during their July 2015 antagonizing of black Douglas County locals the jurors returned to,. About your children then the power to share and makes the world more open and connected Atlanta! Needed any additional information companies, individual lawyers, and three counts of aggravated assault Judge William McClain Torres.
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