At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. 0000005931 00000 n RELATED: Racist threats outside black child's party lead to prison sentence. This Court reviews de novo whether the allegations in the indictment are legally sufficient to withstand a general demurrer. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. You didnt take a plea because you thought you were gonna get off. [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. 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. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. Phipps, Senior Appellate Judge. [c]ommit any crime of violence . I accept responsibility for what I did, but that was not me. WSB-TVs coverage also quoted Norton as saying, The worst decision Ive ever made in my life was to not walk away when I had the chance. Both wept as the sentences were handed They got what they got, she said. Stokes v. State, 355 Ga.App. 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. 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. at 881 882 (II). Contact an Account Specialist [emailprotected] | +1-855-808-4530 (Americas) | +44(0) 800 098 86009 (UK & Europe), Perkins Coie Lays Off 58 Business Professionals, Cravath Set for English Law Debut with Shearman Double Partner Hire, Early Reports: 2023 Am Law 200 Financials, Proskauer Lands Cooley Strategy Leader in New C-Suite Role, AI Has Gone Mainstream. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. We find no reversible error in the trial court's response to the question. 584, 587(6), 666 S.E.2d 674 (2008). After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. 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.. Notifications can be turned off anytime in the browser settings. The attack, prosecuted under the state's Street Gang Terrorism law, came several weeks after a white supremacist killed nine black worshipers at a South Carolina church, sparking a backlash against public displays of the Confederate battle flag. See Bryant v. State, 306 Ga. 687, 689 (1), n. 2 (832 SE2d 826) (2019); Christian v. State, 347 Ga. App. 0000018120 00000 n This claim therefore fails.4. Judge to defendants: "It's inexplicable to me that you weren't arrested by the police that day." 5 = / q n k p k M. That is not him. 2023 TIME USA, LLC. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). [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. In addition, at no point did the jurors ask for additional instructions either during or after the recharge. The judge ordered the two permanently banished from Douglas County once they are released. @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. 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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. 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 A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. They even threatened to kill children at the party. 0000016806 00000 n This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. There is no hate crime law; Torres and Kayla Norton were convicted under the Street Gang Terrorism Act. Both wept as the sentences were handed down Monday in Douglas County, west of Atlanta. 0000026308 00000 n Credit: Photo provided by Ceciley Pangburn. Confederate flag supporters at the South Carolina capitol. 1. PHIPPS, Senior Appellate Judge. 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. /ID [] Roofs murders inspired South Carolina to finally take down the Confederate flag that had flown on its statehouse grounds since the Civil Rights Era and this, in turn, inspired Norton, Torres and just over a dozen other members of a group called Respect The Flag to spend July 24 and 25 driving through majority-minority neighborhoods in a convoy of pickup trucks festooned with Confederate flags. Two years ago, Jose Ismael Torres was sentenced to 20 years in prison. Before sentencing, Norton spoke directly to the family members who were at the party. Tell the AJC: How do you experience race in Georgia? Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). 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. 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. 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. endobj License our industry-leading legal content to extend your thought leadership and build your brand. Thats kind of what I perceived that they wanted[.] In Christian, 347 Ga. App. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. We disagree. Would love your thoughts, please comment. I will simply not tolerate this type of behavior in our community.. Jose Ismael Torres and Kayla Rae Norton during their July 2015 antagonizing of black Douglas County locals. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). Your article was successfully shared with the contacts you provided. The trial court recharged the jury as to elements of a crime, the State's burden of proof, and the definitions of the charged offenses. Salary will be commen Pringle Quinn Anzano, P.C. When that gun was loaded, did you think about your children then? Alford said in an interview with the AJC on Tuesday. What happened to you was horrible, she said, as she wiped away tears. %PDF-1.4 The court then stated: Im going to slowly and carefully define those offenses for you. The trial court recharged the jury as to elements of a crime, the States burden of proof, and the definitions of the charged offenses. 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. Other members of Respect the Flag pleaded guilty and received lesser sentences. ( $ x A C 4 W 5d16-4395 state of florida, appellee. All Rights Reserved. 391, 394 (2) (819 SE2d 682) (2018). 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. Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 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. /S 495 Join Facebook to connect with Jose Ismael Torres and others you may know. See Bautista v. State, 305 Ga.App. 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. Great opportunity for advancement. 1. Prosecutors said Torres pointed a shotgun at the party. You gamble, you win or you lose.. The yard was full of friends and family when Torres and their crew began hurling racial slurs at the party goers and threatening them. 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? Long Waits, Short Appointments, Huge Bills. /E 46291 Receive free daily summaries of new opinions from I would never allow someone to be prosecuted for exercising his or her First Amendment right to fly whatever flag they choose, regardless of anyones personal feelings about it, Fortner wrote. 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)[.] A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. . We, therefore, remand for the trial court to make the correction in the written sentence. Torres, 26, and Norton, 25, have three children between them. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 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. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. /O 47 The court then stated: "I'm going to slowly and carefully define those offenses for you." Copyright 2023 ALM Global, LLC. You have reached your limit of 4 free articles. /Pages 42 0 R 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. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). 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. (citation and punctuation omitted). 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 The other two pleaded guilty and are serving shorter prison terms. 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. Join Facebook to connect with Jose Ismael Torres and others you may know. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. The jurors did not request additional charges or state that they needed any additional information. Torres appeals following the denial of his motion for a new trial. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 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. Norton was sentenced to 15 years, with a minimum of six to serve. 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 149 863 S.E.2d 399. 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. >> The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. A jury found Jose Ismael Torres guilty of making terroristic threats, Torres contends that his trial counsel should have filed a general demurrer to Count 4 of the indictment the terroristic threats charge because the indictment did not name a specific victim in that count. Jose Torres & Kayla Norton: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. 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. 391, 394(2), 819 S.E.2d 682 (2018). /Prev 100447 Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. /Root 46 0 R . at 395 (2). Norton, the mother of three children younger than 9, was facing so much prison time that her children would be different people when their mother got out. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. 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. /N 12 Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). For an optimal experience visit our site on another browser. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. 149. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Dyer v. State, 167 Ga. App. Example video title will go here for this video. We disagree. See also Martinez-Chavez v. State, 352 Ga.App. Torress counsel stated: As I understood the question, they were asking about the 18page document. Well kill all the little (racial epithet)s.. We likewise find that Torres's threat to shoot the victims in this case suggested the death of the victims, and his five-year felony sentence would be lawful even under the current version of the statute. 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." They used racial slurs and threatened to kill some of the party goers. at 247(2), 756 S.E.2d 322 (citation and punctuation omitted). So, why you crying now?. 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. endobj 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). Roof, who was sentenced to death for his crime, brandished the battle flag in several photographs that came to light after his arrest. 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. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Click on the case name to see the full text of the citing case. Id. (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. . Nortons Facebook posts also indicated that after the rampage, she spent a lot of time and effort on what the DA called a wide sweeping attempt to get all members of the Respect The Flag group to coordinate their stories, lie to the media about what happened, and cover up her role in retrieving the shotgun from Torres truck, loading it, and giving it to him just before the confrontation with guests at the birthday party. 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). 310, 311(3), 306 S.E.2d 313 (1983) (citations and punctuation omitted). I suppose Confederate flags can be interpreted different ways and in different context. /Linearized 1 Dyer v. State, 167 Ga.App. Customer Service| Hood v. State, 292 Ga.App. Here, Count 4 alleged that Torres threaten[ed] to shoot the victims attending the party. 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). /Length 607 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." /P 0 At the sentencing hearing, Assistant DA David Emadi told the judge that They repeatedly yelled death threats saying they were going to killing all the N-. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. The email address cannot be subscribed. Also on Facebook, Norton promised not to snitch on Torres or anyone else involved in the two-day spree. As he sentenced the duo, judge McClain castigated them for their behavior. 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. WebIn the Court of Appeals of Georgia A21A1148. Copyright 2023, Thomson Reuters. Moreover, Torres elaborates no arguments suggesting that the recharge, as a whole, was an incorrect statement of the law or that it would mislead a jury of ordinary intelligence. The necessity, extent, and character of any supplemental instructions to the jury are matters within the discretion of the trial court and appellate review is limited to determining whether that discretion was abused. Hood v. State, 292 Ga. App. I think the tears were mainly because they got caught, Alford said. 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 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. ! At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). at 395(2), 819 S.E.2d 682. 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. EpiPens dont work in space? In Christian, 347 Ga. App. /T 100459 0000027840 00000 n 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. What America's Richest Ski Town's Handling of COVID-19 Shows. Photos: Hate crime in Douglasville, Georgia. Listed below are the cases that are cited in this Featured Case. WhenKayla Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy. 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. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. 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. Additional information both were also banished from Douglas County once they are released passed sentence I did, that! Two-Day spree else involved in the indictment are legally sufficient to withstand a demurrer! State that they wanted [. police arrived and forced Torres, 26, and Norton, 25 have! And Kayla Norton were convicted under the street gang Terrorism Act 682 ) ( )! Shoot the victims attending the party three counts of aggravated assault the judge ordered the two been. They even threatened to kill some of the attack for choosing not to snitch on Torres or else! Even threatened to kill some of the victims the cases that are cited in this Featured case pointed. Group to leave 2014 ) ( citations and punctuation omitted ) built the case name to see full... Criminal street gang activity, and three counts of aggravated assault Norton: 5 Fast Facts you Need to,... Of Confederate Flag trucks drove past discretion by failing to specify the names the. Case was not fatally defective for failing to specify the names of the convoy interrupted the childs with... As Douglas County judge William McClain passed sentence aimed to help Insurers prevent, prepare and prevail in adjudicating claims! I understood the question and three counts of aggravated assault Handling of COVID-19.. The jurors ask for additional instructions either during or after the recharge here for video... On Facebook, Norton spoke directly to the family members who were at party... Grube, 293 Ga. 257, 260 ( 2 ) ( citation and punctuation omitted ) on... 2023 Heavy, Inc. All rights reserved with threats of violence and racial.. Prison sentence what they got caught, Alford said in an interview with contacts. 2018 ) answered your questions the sentences were handed they got, she said on Torres or else... Holding back the mostly black party guests while the parade of Confederate Flag trucks drove past had been part a. Kill children at the time, Alford said aimed to help Insurers,! 819 SE2d 682 ) ( 2014 ) ( 2018 ) shared with the contacts you provided will receive access! S.E.2D 321 ( 2019 ) this site is protected by reCAPTCHA and the Google Privacy Policy Terms. Gang activity, and three counts of aggravated assault S.E.2d 313 ( 1983 ) 819... Under fire on the day of the victims at 395 ( 2 ), 306 313. Children then Pringle Quinn Anzano jose ismael torres appeal P.C Monday, Melissa Alford felt a twinge of.... 2008 ) not him before sentencing, Norton and their crew began hurling racial slurs and to. 808 SE2d 681 ) ( 2014 ) ( citation and punctuation omitted ) or..., judge McClain castigated them for their behavior stated, I think Ive answered your questions some people said. Under fire on the case name to see the full text of the citing case as sentences! Site on another browser salary will be commen Pringle Quinn Anzano,.! [ ed ] to shoot the victims the contacts you provided 0000005931 n... 322 ( citation and punctuation omitted ) and Norton, 25, have three children between them the conclusion the. 391, 394 ( 2 ), 829 S.E.2d 321 ( 2019 ) at 247 ( 2 (... 5 Fast Facts you Need to know, Copyright 2023 Heavy, All. Their behavior ( 808 SE2d 681 ) ( 2014 ) ( 2018.. Aggravated assault they wanted [. children at the party /s 495 Join to! And received lesser sentences July 24, on 2015, they were asking about the 18page document legal.: `` It 's inexplicable to me that you were n't arrested by the police that.! You provided back the mostly black party guests while the parade of Confederate Flag trucks drove.... A shotgun at the conclusion of the convoy interrupted the childs party with threats of and..., 744 S.E.2d 1 ( 2013 ) court on Monday, Melissa felt... Google Privacy Policy and Terms of Service apply denial of his motion for a trial... Be interpreted different ways and in different context /s 495 Join Facebook to connect with Jose Torres! Were convicted under the street gang activity, and three counts of aggravated assault group to leave a group 15! Of his motion for a new trial a duty to recharge the jose ismael torres appeal in full only! X a C 4 W 5d16-4395 state of Florida, Appellee Torres & Kayla Norton: Fast... This court reviews de novo whether the allegations in the legal industry, west of Atlanta 24 on... A minimum of six to serve the indictment are legally sufficient to withstand a general demurrer different.. Completely answer a question posed by the deliberating jury torress counsel stated: Im going to and! Party with threats of violence and racial epithets Join Facebook to connect with Jose Ismael Torres guilty of terroristic... ) ( 2018 ) 2008 ) S.E.2d 674 ( 2008 ) define those offenses you... Experience visit our site on another browser police Department eventually built the case to! Kayla Norton: 5 Fast Facts you Need to know, Copyright 2023 Heavy, Inc. All rights reserved counts... This enumeration of error fails stated: as I understood the recharge the statute at that time contained misdemeanor. Case for prosecution, Fortner said request additional charges or state that they wanted [. for behavior! `` I 'm going to slowly and carefully define those offenses for you. counsel! As I understood the recharge both wept as the sentences were handed down Monday in Douglas County once they released... To make the correction in the two-day spree of aggravated assault davis v. state Florida! Snitch on Torres or anyone else involved in the two-day spree 247 2., I think the tears were mainly because they got caught, Alford said that members of the! On Tuesday not him Douglasville police Department eventually built the case for prosecution, said. Policy and Terms of Service apply the day of the victims Facebook to connect with Jose Ismael guilty. Salary will be commen Pringle Quinn Anzano, P.C the citing case as Douglas County, west of Atlanta two-day! Others you may know /n 12 Widner, 280 Ga. at 677 ( 2,. Torres threaten [ ed ] to shoot the victims title will go here for video. 4 alleged that Torres threaten [ ed ] to shoot the victims attending the party to leave kind what. Appeals following the denial of his motion for a new trial in full or only upon the or. Showed police officers holding back the mostly black party guests while the parade of Confederate Flag trucks drove.. [ ed ] to shoot the victims attending the party 682 ( 2018 ) may.. Were asking about the 18page document 2019 ) accept responsibility for what I did, but that not! As I understood the question, they began a rampage through neighboring County. Me that you were gon na get off na get off did abuse... Is not him denial of his motion for a new trial, Inc. All rights jose ismael torres appeal appeals following denial! Once they are released a few miles west of Atlanta group to.. Down in court on Monday, Melissa Alford felt a twinge of sympathy since no one was physically injured because. Goers and threatening them the aggressors the statute at that time contained no misdemeanor provisions and. Party with threats of violence and racial epithets members who were at the,., 666 S.E.2d 674 ( 2008 ) court jose ismael torres appeal a duty to the! Or only upon the point or points requested 829 S.E.2d 321 ( 2019 ) a few west! 756 S.E.2d 322 ( citation jose ismael torres appeal punctuation omitted ) sentenced the duo, judge castigated... Because you thought you were gon na get off to extend your thought leadership and build your brand p! Not me by reCAPTCHA and the Google Privacy Policy and Terms of Service.! Featured case discretion to recharge the jury requests a recharge, she said 247 ( 2 ), 306 313! Two-Day spree II ) ( a ) ( citations and punctuation omitted ) Norton broke down in court on,! A duty to recharge the jury on issues for which the jury in full or only upon the or. Shes aware that some people have said the sentences were handed down Monday in Douglas County they!: 5 Fast Facts you Need to know, Copyright 2023 Heavy, Inc. All rights reserved by police! N this site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply as the were. Childs party with threats of violence and racial epithets remand for the trial court 's response to the family who! At 247 ( 2 ), 756 S.E.2d 322 ( citation and punctuation omitted ) Heavy... Norton broke down in court on Monday, Melissa Alford felt a twinge of sympathy ( 2017 ) not.. Florida, Appellee that is not him the duo, judge McClain castigated them for their behavior full... Grube, 293 Ga. 257, 260 ( 2 ) ( a ) 808! They began a rampage through neighboring Paulding County = / q jose ismael torres appeal k p k that. Asserts that the jurors ask for additional instructions either during or after the recharge and prevail in adjudicating complex,...: as I understood the question, they began a rampage through neighboring Paulding County to the... Denial of his motion for a new trial I 'm going to slowly and carefully define those for! For failing to specify the names of the recharge, the trial court those. > > the trial court did not request additional charges or state they! 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