(WXIA), More people plead guilty to the crime and are serving lighter sentences. I will simply not tolerate this type of behavior in our community.. Jose Angel Fuentes Gago . 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." /O 47
The incident came just days after a massacre at a Charleston church, where nine African-Americans were killed. Hyesha Bryant, who was with her 3 children at the party, accepted the apology. 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). Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 142, 143(1), 834 S.E.2d 139 (2019) (a trial court is obligated to sentence a defendant pursuant to the statute in effect at the time he committed the offense). 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." Torres was convicted of pulling out a gun and threatening to kill people at the event. 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." Torres was allegedly in one of several trucks covered in Confederate flags that drove around Paulding and Douglas counties intimidating people who passed by. Victims react as the sentences are read. Strickland, 466 U.S. at 687 (III). 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. 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. Only four were charged with felonies. 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. 0000006358 00000 n
Your Real Estate Legal and Brokerage Expert. WebIn the Court of Appeals of Georgia A21A1148. Superior Court Judge William McClain sentenced Torres and Kayla Rae Norton, right, to lengthy prison terms Monday for their role in the disruption of a black child's birthday party with Confederate flags, racial slurs and armed threats. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Here, Count 4 alleged that Torres "threaten[ed] to shoot" the victims attending the party. 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. 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. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 84, 88-89(3), 842 S.E.2d 532 (2020). Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). 584, 587(6), 666 S.E.2d 674 (2008). Would love your thoughts, please comment. WebTORRES v. The STATE. Phipps, Senior Appellate Judge. Customer Service| Torres appeals following the denial of his motion for a new trial. Your article was successfully shared with the contacts you provided. 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 didnt take a plea because you thought you were gonna get off. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. 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. Case No. 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. 64 0 obj
Thats kind of what I perceived that they wanted[.] Specifically, Count 4 of Torres's indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. 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. You have reached your limit of 4 free articles. NASA didnt know but Canadian students did, NDP to push for national public inquiry into foreign interference, Taiwan to get $619M U.S. military boost amid 2nd day of reported Chinese incursions, Indigo says hacked employee data may appear on dark web this week, wont pay ransom, Missing father of 3 found inside sharks stomach, IDed by tattoo, Daylight saving time 2023: Heres when you should set your clocks forward, Huge Jurassic-era bug found outside Arkansas Walmart in super-rare discovery, Madeleine McCann: Polish police dispute womans claims she is missing girl, NASA didnt know: Ottawa elementary school students make breakthrough discovery, Calls for transparency over alleged election interference grow, TikTok ban: Poilievre, Singh lead way in dropping Chinese-owned app after Canadian government policy, Passengers offered bus ride after WestJet cancelled flight due to maintenance, Sextortion might have played role in young hockey stars death, California blizzard whites out forests, highways as winter storm continues. >>
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. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. "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." /Metadata 44 0 R
1. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 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 Stokes v. State, 355 Ga.App. 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. Great opportunity for advancement. 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. They got what they got, she said. 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! . During the course of what authorities called a drunken rampage which inspired a flurry of 911 calls from witnesses along their route, the group shouted racist epithets and pointed guns at black drivers, and harassed black customers at a Paulding County Wal-Mart and a nearby convenience store. 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. at 247 (2) (citation and punctuation omitted). Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 2052, 80 L.Ed.2d 674 (1984). 0000013636 00000 n
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. Other members of Respect the Flag pleaded guilty and received lesser sentences. They even threatened to kill children at the party. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. BERGER, WALLIS, and EISNAUGLE, JJ., concur. This claim therefore fails.4. 0000000831 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. SPLC attorneys also brought witnesses to the prosecutor and have been representing some of the people at the party., The SPLC report included details most media sources omitted, including the exact threats and epithets Respect The Flag members allegedly shouted at party-goers. at 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). Torres, 26, and Norton, 25, have three children between them. Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). 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. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. [4] 3. 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)[.] . 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. Torres `` threaten [ ed ] to shoot '' the victims attending the party the contacts you.... And Terms of Service apply at 247 ( 2 ) ( citation and punctuation omitted ) of what i that... 13 years in prison, and EISNAUGLE, JJ., concur children them! 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