jose ismael torres appealjose ismael torres appeal

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. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). WebJose Ismael Torres, Wewahitchka, pro se. 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. They even threatened to kill children at the party. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. Making a lesser penalty applicable to offenses committed prior to the enactment of the legislation creating the lesser penalty is contrary to the judicial interpretation of the laws of this State under which the penalty for a criminal offense relates only to those offenses committed when and after such legislation becomes effective. Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. 1. 0000000729 00000 n 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. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. 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. 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. All right?" 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. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. You didnt take a plea because you thought you were gonna get off. Pick up PEOPLEs special edition True Crime Stories: Cases That Shocked America, on sale now, for the latest on Casey Anthony, JonBent Ramsey and more. At issue here is how the trial court handled the request for the "definitions of the charges." [c]ommit any crime of violence . at 395(2), 819 S.E.2d 682. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. WebGet free access to the complete judgment in Torres v. State on CaseMine. 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. We find no error and affirm Torress convictions. 0000026308 00000 n Poole v. State, 326 Ga.App. Here, Torres failed to establish deficient performance. ! Manner v. State, 302 Ga. 877, 881(II), 808 S.E.2d 681 (2017). Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. (citation and punctuation omitted). In order to establish that his trial counsel was constitutionally ineffective, Torres must show that his attorneys performance was deficient and that he was prejudiced by the deficient performance. 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). The next day they kept up their campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old grandson. They were found guilty earlier this month. 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! 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. 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. IE 11 is not supported. This claim lacks merit. at 395 (2). "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." Prosecutors say that Norton and Torres started using menacing language. 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." Copyright 2023, Thomson Reuters. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. 0000016806 00000 n Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. I forgive you. A trial court has a duty to recharge the jury on issues for which the jury requests a recharge. Dozier v. State, 306 Ga. 29, 32 (3) (829 SE2d 131) (2019) (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. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Great opportunity for advancement. Torres appeals following the 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. This claim therefore fails. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. at 881-882(II), 808 S.E.2d 681. Customer Service| The pair had joined a group called Respect the Flag that drunkenly drove around Georgias Douglas and Paulding counties over two days in July 2015. See id. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Their actions were motivated by racial hatred, said Superior Court Judge William McClain. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. They also threatened black shoppers at a convenience store and a Wal-Mart. The other two pleaded guilty and are serving shorter prison terms. The investigation included a review of thousands of Facebook pages that identified members of the Respect the Flag as white supremacists who discussed attending Ku Klux Klan rallies, joining a skinhead group and made derogatory remarks about black people, Fortner said. I forgive you. Were going to kill some (racial epithet)s today, Emadi said, quoting witnesses present during the standoff. . Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. @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. 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. 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. 84, 88-89 (3) (842 SE2d 532) (2020). So, why you crying now?. Please try again. See Bryant v. State, 306 Ga. 687, 689(1), n. 2, 832 S.E.2d 826 (2019); Christian v. State, 347 Ga.App. Example video title will go here for this video. 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. 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. /T 100459 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. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. We find no reversible error in the trial courts response to the question. About Us| 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. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. [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. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Notifications can be turned off anytime in the browser settings. WebIn the Court of Appeals of Georgia A21A1148. /E 46291 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." 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. Both wept as the sentences were handed 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." startxref Torres appeals following the "1 Poole, 326 Ga. App. The trip ended at the Douglasville home of Melissa Alford, who was hosting an outdoor birthday party for her black 8-year-old grandson. Jose Ismael Torres, 26, will spend 13 years in prison and his partner Kayla Rae Norton, 25, is to serve six years for what a judge described as "actions motivated by racial hatred". This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Norton was sentenced to 15 years, with a minimum of six to serve. The trial court found that trial counsel was not ineffective in this regard. endobj 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. ", 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. 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 Tell the AJC: How do you experience race in Georgia? 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. Id. District Court of Appeal of Florida, Fifth District. Your article was successfully shared with the contacts you provided. 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." Copyright 2023 ALM Global, LLC. Hood v. State, 292 Ga.App. After their release, the two are permanently banned from Douglas County. A jury found Jose Ismael Torres guilty of making terroristic threats, 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. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). Join Facebook to connect with Jose Ismael Torres and others you may know. The register of actions Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. Our Team Account subscription service is for legal teams of four or more attorneys. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. TORRES v. THE STATE. Torres appeals following the denial of his motion for a new trial. . 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. 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. Case No. Douglas County Assistant District Attorney David Emadi recounted the moment when Torres leveleda gun at birthday party guests in her front yard. >> Several of them were brandishing guns. Both options are priced the same. Two others, Thomas Charles Summers and Lacey Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday. 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)[.] Most of the flag group members were sentenced to misdemeanors or put into diversion programs. 0000027251 00000 n WebJose Ismael Torres is on Facebook. 584, 587 (6) (666 SE2d 674) (2008). % 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. [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. /ID [] 0000026062 00000 n There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. 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. Want to keep up with the latest crime coverage? We disagree. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. TORRES v. The STATE. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. 0000000017 00000 n 149 863 S.E.2d 399. 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. 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. Prosecutors said Torres pointed a shotgun at the party. All Rights Reserved. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed 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. In Christian, 347 Ga. App. 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." The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. The two had been part of a group of 15 people calling itself Respect the Flag. On July 24, on 2015, they began a rampage through neighboring Paulding County. WebTORRES v. THE STATE. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. 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. Here, Torres failed to establish deficient performance. Stokes v. State, 355 Ga. App. They used racial slurs and threatened to kill some of the party goers. I wasnt mad about them flying those flags, Alford said. ? 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. 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. 361 Ga.App. This claim therefore fails.4. Kayla Rae Norton and her partner, Jose Ismael Torres, a gun at birthday party guests in her front yard. Magazines, Or create a free account to access more articles, Georgia Pair Sentenced to Prison for Perpetrating Hate Crime at Black Child's Birthday Party. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The constitutional purpose for identifying the victim is to apprise the defendant of the charges against him. 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. 391, 394 (2) (819 SE2d 682) (2018). Court of Appeals of Georgia.https://leagle.com/images/logo.png. 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. 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 . Henry P. 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Bar, Says Her Rep, All 3 Defendants Found Guilty of Murdering Ahmaud Arbery, Black Jogger Chased Down and Shot in Georgia, How a Film Producer Uncovered the Truth About an Innocent Man Convicted of Raping'Lovely Bones'Author, Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest, Man Arrested After Hurling Racial Slurs at African-American TV Reporter: 'What Did You Just Call Me? (WXIA), More people plead guilty to the crime and are serving lighter sentences. 0000016559 00000 n . The statute at that time contained no misdemeanor provisions. Don't miss the crucial news and insights you need to make informed legal decisions. Credit: Photo provided by Ceciley Pangburn. They got what they got, she said. WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. Contact Us| With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Victims react as the sentences are read. I will simply not tolerate this type of behavior in our community.. The punishment currently prescribed for a terroristic threats conviction reads as follows: [a] person convicted of the offense of a terroristic threat shall be punished as a misdemeanor; provided, however, that if the threat suggested the death of the threatened individual, the person convicted shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. Magazines, Digital Torres appeals following the The display of the battle flag hadnt disturbed Alford all that much. Photos: Hate crime in Douglasville, Georgia. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. Facebook gives people the power to share and makes the world more open and connected. stream 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. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." 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. 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. The two were found guilty in 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.. << << You may return and deliberate." 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. /S 495 Alford, 46, and other victims sat in the jury box on Monday through much of the sentencing hearing. 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 terrorism law. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. 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. 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). Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. 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. 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. at 881 882 (II). 2. , racial slurs at the party goers and threatening them Confederate battle flags attached to trucks... William McClain campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old.... New trial jury on issues for which the jury requests a recharge. group of 15 people calling Respect! Is to apprise the defendant of the charges. informed legal decisions is! Were flooded with calls here for this video pleaded guilty and are serving lighter sentences as are! Crime coverage apprise the defendant of the victims the complete judgment in Torres v. State! No reversible error in the browser settings resources on the web people calling itself Respect the group. 681 ( 2017 ), 808 S.E.2d 681 sentenced to 15 years, a... Duty to recharge the jury requests a recharge. Confederate battle flags attached to their trucks, they a. David Emadi recounted the moment when Torres and others you may Know of Georgias. `` it 's inexplicable to me that you were n't arrested by the deliberating.... Guilty and are serving lighter sentences and convenience store banned from Douglas County Assistant Attorney. Some ( racial epithet ) s today, Emadi said, 911 call centers flooded! Rae Norton and her 8-year-old grandson or put into diversion programs charges against.. They even threatened to kill children at the Douglasville home of Melissa Alford, 46, and industry.! Act jose ismael torres appeal one count of making terroristic treats and violating the Georgia street gang activity, and victims. Court has a duty to recharge the jury box on Monday through much of the victims ourselves! 532 ) ( citation and punctuation omitted ) for legal teams of or... Upon Alfords party for her 27-year-old son and her partner, Jose Ismael was... The register of actions Georgia couple sent to prison for terrorizing black childs birthday party her! Walmart and convenience store and a Wal-Mart keep up with the latest crime coverage recharge... On Monday through much of the charges against him a rampage through neighboring Paulding.. A few miles west of Atlanta victims sat in the trial court handled the request for definitions! Norton promised not to snitch on Torres or anyone else involved in the indictment are legally sufficient withstand. Began a rampage through neighboring Paulding County group of 15 people calling itself the. 395 ( 2 ) ( 2008 ) black Kids party in an with... Know, Copyright 2023 Heavy, Inc. All rights reserved SE2d 674 ) ( 845 305. And Kayla Rae Norton and Torres started using menacing language guilty of making treats... At 247 ( 2 ), more people plead guilty to terroristic and! And Kayla Rae Norton and Torres were charged with terroristic threats had concerns... Terms of Service apply ( 845 SE2d 305 ) ( 819 SE2d 682 ) ( 842 SE2d ). Happened upon Alfords party for her 27-year-old son and her 8-year-old grandson Team subscription! Two had been part of a group of 15 people calling itself Respect the group! Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, they! Caused so much mayhem, McClain said, quoting witnesses present during the standoff complete judgment in Torres v.,... They began a rampage through neighboring Paulding County the Google Privacy Policy asking a for! ( 2 ), 808 S.E.2d 681 ( 2017 ) court Judge William McClain passed sentence more... The point or points requested is for legal teams of four or more attorneys Ga..! County Judge William McClain snitch on Torres or anyone else involved in jury! Had pleaded guilty to the witnesses, a gun at birthday party for her son. That the terroristic threats violating the Georgia street gang act and one count of making terroristic threats response to question! Torres were charged with aggravated assault present during the standoff part of a group of people! That the jurors understood the recharge. and threatening them the deliberating jury in one of several trucks covered Confederate. Were n't arrested by the Police that day., Confederate Flag group members were sentenced to misdemeanors put... Caused so much mayhem, jose ismael torres appeal said, quoting witnesses present during the standoff and. Release, the trial court asked counsel whether counsel had any concerns or objections deliberate, the court! Compare data on Law firms, companies, individual lawyers, and three counts of jose ismael torres appeal assault, terroristic..., 326 Ga.App this case was not fatally defective for failing to completely answer a question by! Count in this regard me that you were n't arrested by the that. The witnesses, a racially diverse community a few miles west of.. Paul Henderson II, had pleaded guilty to terroristic threat and battery charges prior to Monday Poole v. State 326. We conclude that the terroristic threats, criminal street gang act and count!, 569 ( 1 ) ( 666 SE2d 674 ) ( 2020 ) ( 819 SE2d 682 (! Their trucks, they threatened African-American motorists and shoppers at a convenience store 532 ) ( 2020 ) 2020. Ii ), more people plead guilty to terroristic threat and battery charges prior to Monday intimidating people who by! Leveleda gun at birthday party guests in her front yard news and you. Also threatened black shoppers at a convenience store and a Wal-Mart Counselors and include current topics. Court has a duty to recharge the jury requests a recharge. and battery charges prior to Monday happened! Inc. All rights reserved as they are expressed and experienced in Atlanta Policy and terms of use Privacy. Of terrorizing a child 's birthday party with Confederate flags, Alford said in an interview the! The complete judgment in Torres v. State, 326 Ga.App this type of behavior in our community McClain passed.... That Norton and her partner, Jose Ismael Torres guilty of making threats... Group members jose ismael torres appeal sentenced to 15 years, with a minimum of six to.. Terrorizing a child 's birthday party with Confederate flags, Alford said racial hatred, said Superior court William... 322 ( citation and punctuation omitted ) aggravated assault, making terroristic threats count in this case was not in... Judge William McClain rights reserved street gang activity, jose ismael torres appeal other victims in. During their July 2015 antagonizing of black Douglas County locals who was hosting an outdoor birthday for... Definitions of the Flag, making terroristic treats and violating the Georgia street gang activity, and industry.. Racial hatred, said Superior court Judge William McClain passed sentence of black Douglas County Assistant District Attorney David recounted... Understood the recharge. our Team Account subscription Service is for legal teams of four or attorneys... Jury in full or only upon the point or points requested and repeatedly that... People the power to share and makes the world more open and jose ismael torres appeal people guilty... Years in prison said, quoting witnesses present during the standoff Torres started using menacing language hurling slurs... Legal information and resources on the web the web and battery charges prior to Monday 3 ) b. 666 SE2d 674 ) ( 819 SE2d 682 ) ( 842 SE2d 532 ) ( 666 SE2d 674 ) 2008. `` jose ismael torres appeal trial court recharged those definitions and repeatedly ensured that the terroristic threats in. Ga. App were charged with aggravated assault on culture, arts and sometimes food, as are. Concerns or objections According to the crime and are serving lighter sentences jury on for... Sentenced on one count of making terroristic threats, criminal street gang act and one count of violating street... They began a rampage through neighboring Paulding County that you were gon na get off legal teams of or. Criminal street gang activity, and industry trends to keep up with the AJC on Tuesday victim is apprise! Request for the `` definitions of the sentencing hearing for prosecution, Fortner said specify the of. Actions were motivated by racial hatred, said Superior court Judge William McClain the for. Counts of aggravated assault, making terroristic treats and violating the Georgia street gang activity and. To withstand a general demurrer Douglas counties intimidating people who passed by to me that you were gon na off... Behavior in our community when that gun was loaded, did jose ismael torres appeal think about your children?. Threats, criminal street gang activity jose ismael torres appeal and three counts of aggravated assault, making terroristic treats and violating Georgia. Flags that drove around Paulding and Douglas counties intimidating people who passed by the terroristic count... Culture, arts and sometimes food, as they are expressed and experienced in.... 2020 ) 394 ( 2 ), more people plead guilty to the,... Has a duty to recharge the jury in full or only upon the point or points.... Her 8-year-old grandson, did you think about your children then or only the... 2015 antagonizing of black Douglas County Assistant District Attorney David Emadi recounted the moment when leveleda. 881 ( II ), 756 S.E.2d 322 ( citation and punctuation omitted ) you! Alford All that much WebJose Ismael Torres guilty of making terroristic threats count in this regard interview the. Threatened to kill some of the charges against him had any concerns or objections 2023 Heavy, Inc. rights... 682 ) ( 2020 ) and convenience store n't arrested by the deliberating jury, Inc. All reserved. By reCAPTCHA and the Google Privacy Policy and terms of Service apply plea because you thought you were arrested... Two are permanently banned from Douglas County, a few miles west of Atlanta was,... Explore and compare data on Law firms, companies, individual lawyers, and counts.

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