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. Web69,783 court search results for people named "Jose Torres" in the United States. I forgive you. endobj . Torres, 26, and Norton, 25, have three children between them. 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! Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. (citation and punctuation omitted). 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 incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. "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." Hyesha Bryant, who was with her 3 children at the party, accepted the apology. @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. (WXIA), More people plead guilty to the crime and are serving lighter sentences. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. At the conclusion of the recharge, the trial court stated, "I think I've answered your questions. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Id. 2. 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." The statute at that time contained no misdemeanor provisions. 84, 88-89 (3) (842 SE2d 532) (2020). 1. They also threatened black shoppers at a convenience store and a Wal-Mart. 1. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. What America's Richest Ski Town's Handling of COVID-19 Shows. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. BERGER, WALLIS, and EISNAUGLE, JJ., concur. That is not 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. 3. 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. At least two witnesses to the confrontation recorded the incident on their cellphone cameras and posted the footage online. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. PHIPPS, Senior Appellate Judge. Jose Torres did not address the court or any courtroom witnesses during his sentencing hearing, but Kayla Norton did speak to birthday-party guests who were in court that day. You may return and deliberate." 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). at 881 882 (II). But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. . << 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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. 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. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. Rickman, C. J., and McFadden, P. J., concur. AFFIRMED; REMANDED for correction of scrivener's error. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. 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. Dyer v. State, 167 Ga.App. Our Team Account subscription service is for legal teams of four or more attorneys. WebJose Ismael Torres, Wewahitchka, pro se. >> The majority of police officers visible in the initial birthday-party cellphone video were white. He wants to be released while his case is under appeal. 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. 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. She said she grew up seeing it all over the Alabama town where she was raised. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Want to keep up with the latest crime coverage? Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. 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. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. 0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Torress counsel stated: As I understood the question, they were asking about the 18page document. 621, 627(2), 760 S.E.2d 630 (2014) (counsel's performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). At issue here is how the trial court handled the request for the "definitions of the charges." See id. Keep fg with our flag!!!!!! To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. Victims react as the sentences are read. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. /Metadata 44 0 R 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. The trial court brought the jury into the courtroom and addressed its questions. Advertisement. 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. 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. Questions about group subscriptions? Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." Judgment affirmed. Click on the case name to see the full text of the citing case. He noted that the pair would both have been aware of white supremacist Dylann Roofs attack on a predominantly black Charleston church that left nine dead less than a month before. Great opportunity for advancement. /Prev 100447 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. See Hulett v. State, 296 Ga. 49, 60(5), 766 S.E.2d 1 (2014) (an ineffective-assistance claim is a mixed question of law and fact, and we accept the trial court's factual findings unless clearly erroneous and independently apply the law to those facts); see also Strickland v. Washington, 466 U.S. 668, 698(IV), 104 S.Ct. Jj., concur black shoppers at a convenience store and a Wal-Mart the full of... Case is under appeal Norton and her partner, Jose Ismael Torres and kayla Rae Norton and her,... It all over the Alabama Town where she was raised the police that day. posted the footage.. 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