jose ismael torres appeal

Powered by. at 247 (2) (citation and punctuation omitted). Get a roundup of the most important and intriguing national stories delivered to your inbox every weekday. /Size 65 Strickland, 466 U.S. at 687 (III). 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. About Us| On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. They used racial slurs and threatened to kill some of the party goers. 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. We find no reversible error in the trial courts response to the question. 0000027251 00000 n ', Black Man Says Group Assaulted Him, Said 'Get a Noose' and 2 People Hit with Car at Protest, 2 Men Charged After Pinning Black Man to Tree in Indiana Incident Captured on Viral Video, Dylann Roof Sentenced to Death for Killing 9 Black People in Charleston Church. Davis v. State, 306 Ga. 140, 144(3), 829 S.E.2d 321 (2019). (WXIA), A metro Atlanta couple will be spending years behind prison bars after they were convicted of yelling racial slurs at a group of people celebrating a child's birthday party. WebIn the Court of Appeals of Georgia A21A1148. 0000004985 00000 n 391, 394(2), 819 S.E.2d 682 (2018). The court first reminded the jury that three offenses were charged in the indictment: aggravated assault, terroristic threats, and a violation of the Georgia Street Gang Terrorism and Prevention Act. Jose Ismael Torres, 26, will spend 13 years in prison; Kayla Rae Norton, 25, is to serve six years, Atlanta news outlets report. 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. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. 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." When Will South Carolina Take Down the Confederate Flag? 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. 0000013636 00000 n On February 26, Superior Court Judge William McClain sentenced Torres to 13 years in prison, and Norton to six. 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. That is not him. ", 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. 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." at 395 (2). Alford said Torres and Norton should have pleaded guilty. Learn more about FindLaws newsletters, including our terms of use and privacy policy. at 881-882(II), 808 S.E.2d 681. WebJose Ismael Torres is on Facebook. Don't miss the crucial news and insights you need to make informed legal decisions. Dozier v. State, 306 Ga. 29, 32(3), 829 S.E.2d 131 (2019) (citation and punctuation omitted). 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. EpiPens dont work in space? 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 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 TORRES v. THE STATE. Click the citation to see the full text of the cited case. Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. endobj The majority of police officers visible in the initial birthday-party cellphone video were white. This claim therefore fails.4. The video posted above showed police officers holding back the mostly black party guests while the parade of Confederate flag trucks drove past. 1. This claim lacks merit. xref Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. So your exception is noted and overruled. 0000016806 00000 n I am not a mean spirited person and Im sorry for your family that it had to come this far.. Officers and supervisors at the scene determined that it was prudent to get both sides of the story and gather more evidence, rather than making hasty decisions that ultimately could have jeopardized the case. Phipps, Senior Appellate Judge. Both were also banished from Douglas County, a racially diverse community a few miles west of Atlanta. Id. . I forgive you. A man convicted of terrorizing a child's birthday party with racial slurs is asking a judge for bond. at 395(2), 819 S.E.2d 682. Torres first asserts that the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury. X ! Dyer v. State, 167 Ga.App. The email address cannot be subscribed. District Court of Appeal of Florida, Fifth District. Torres appeals following the denial of his motion for a new trial. ? 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. 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. 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 . /L 101483 OCGA 16-11-37 (d) (1). (citation and punctuation omitted). "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." We find no error and affirm Torres's convictions. Torres was convicted of pulling out a gun and threatening to kill people at the event. We find no error and affirm Torress convictions. 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. trailer Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. 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. The display of the battle flag hadnt disturbed Alford all that much. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. Two people have been jailed for their role in ruining a black child's birthday party with Confederate flags, racial slurs and armed threats. We conclude that the trial court did not err in denying Torress motion for a new trial on this ground. DOUGLASVILLE, Ga. A Georgia judge sentenced two people to lengthy prison terms for their role in the disruption of a black childs birthday party with Confederate flags, racial slurs and armed threats. They got what they got, she said. The trial court found that trial counsel was not ineffective in this regard. Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. Poole v. State, 326 Ga.App. Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, "in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission." 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. 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. 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! 0000000729 00000 n She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. [c]ommit any crime of violence . Despite her earlier social-media attempts to cover up her actions and those of other Respect The Flag members during their two-day spree culminating at the birthday party, Norton told party-goers, according to Fox 5 Atlanta, that What happened to you was horrible. You didnt take a plea because you thought you were gonna get off. This claim therefore fails. 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Norton was sentenced on one count of violating Georgias street gang act and one count of making terroristic threats. A man and a woman were sentenced Monday to 13 and six years in prison, respectively, for joining a group of Confederate flag supporters who in 2015 drove around a small Georgia community threatening people, including a gathering of African-Americans celebrating a young boy's birthday. 0000017752 00000 n /Names << /Dests 29 0 R>> Receive free daily summaries of new opinions from 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. Phipps, Senior Appellate Judge. The jurors did not request additional charges or state that they needed any additional information. All Rights Reserved. Torres was sentenced on three counts of aggravated assault with a deadly weapon, one count of terroristic threats and one count of violating the street gang act. Instead, the trial judge inadvertently applied it to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). Stay up-to-date with how the law affects your life. Site Map, Advertise| 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. 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. 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). 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). What happened to you is absolutely awful.. Kayla Rae Norton and her partner, Jose Ismael Torres, both wept copiously as Douglas County Judge William McClain passed sentence. 84, 88-89(3), 842 S.E.2d 532 (2020). /P 0 Prosecutors said that the group threatened black motorists and walked up to one of their cars with a gun. WebThe Appellate Case Inquiry System contains the register of actions for cases brought before the Kansas Supreme Court and the Kansas Court of Appeals. They caused so much mayhem, McClain said, 911 call centers were flooded with calls. Only four were charged with felonies. Most of the flag group members were sentenced to misdemeanors or put into diversion programs. Case No. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. In other words, if an accused would be guilty of the crime charged if the facts as alleged in the indictment are taken as true, then the indictment is sufficient to withstand a general demurrer; however, if an accused can admit to all of the facts charged in the indictment and still be innocent of a crime, the indictment is insufficient and is subject to a general demurrer. Mother-to-mother, I cant imagine what it was like to explain what that word means to a child. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. There were no objections to the court's decision. At the conclusion of the recharge, the trial court stated, I think Ive answered your questions. Elizabeth Dalia Racine , Sean Garrett , Aimee Fatemeh Sobhani , for Appellee. See Maynard v. State, 355 Ga. App. Certified Lawyer Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. We conclude that the trial court did not err in denying Torres's motion for a new trial on this ground. 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. Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. 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. 2. The children at the party heard and saw much of the altercation. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. /Info 43 0 R WebIn the Court of Appeals of Georgia A21A1148. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. With Confederate battle flags attached to their trucks, they threatened African-American motorists and shoppers at a local Walmart and convenience store. See id. 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. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! State v. Grube, 293 Ga. 257, 260 (2) (744 SE2d 1) (2013). Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. 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. 2023 TIME USA, LLC. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. Torres and Norton were found guilty of yelling racial slurs and threatening to kill partygoers, even the kids. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. For an optimal experience visit our site on another browser. "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." As he sentenced the duo, judge McClain castigated them for their behavior. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). 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. 0000023139 00000 n 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. 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. RELATED: Racist threats outside black child's party lead to prison sentence. The trial court found that trial counsel was not ineffective in this regard. 5 = / q n k p k M. According to trial counsel, he did not believe that a general demurrer would be meritorious because the defense knew what [they] were dealing with and knew who those specific people were. Count 4 of Torress 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. 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". Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a After discussing the request with the attorneys, the trial court informed counsel, "I'll just read the charges to them again slowly and carefully. All Rights Reserved. 0000001512 00000 n Jose Angel Fuentes Gago . They even threatened to kill children at the party. Customer Service| 0000004744 00000 n Strickland, 466 U.S. at 687(III), 104 S.Ct. According to court testimony, Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were acting as part of a group that called themselves Respect the Flag. On July 24 and 25, 2015, the group rode through Douglaston, Georgia, in pickup trucks that were flying American, military and Confederate flags. All right?" After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. PHIPPS, Senior Appellate Judge. Join Daily Report 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. As a result, a general demurrer would not have been successful, and Torress counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. 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. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. endobj 210, 213 (2) (699 SE2d 392) (2010) (indictment survived general demurrer because it both tracked the language of the statute and described the acts constituting the offense sufficiently to put the defendant on notice of the offense with which he was charged). 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. PHIPPS, Senior Appellate Judge. 0000043358 00000 n 2. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. BERGER, WALLIS, and EISNAUGLE, JJ., concur. So, why you crying now?. Widner, 280 Ga. at 677 (2) (citation and punctuation omitted). Join Facebook to connect with Jose Ismael Torres and others you may know. 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They were found guilty earlier this month. State v. Grube, 293 Ga. 257, 260(2), 744 S.E.2d 1 (2013). I am not a mean spirited person and Im sorry for your family that it had to come this far.. They said, Well blow the heads off all the little b and the little n can get one too., But at Torres and Nortons sentencing, party-goers accepted Nortons apology and offered forgiveness. The two were found guilty in 0000027840 00000 n Terms of Service. Salary will be commen Pringle Quinn Anzano, P.C. Stewart v. State, 246 Ga. 70, 72 (2) (268 SE2d 906) (1980); accord Poole, 326 Ga. App. Torres must satisfy both prongs of the Strickland test, and if he is unable to satisfy one, we need not examine the other. . I forgive all of you. /Prev 100447 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. 565, 569(1)(b), 845 S.E.2d 305 (2020) (citation and punctuation omitted). You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. WebJose Ismael Torres, Wewahitchka, pro se. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. At some point, Norton and Torres confronted a black family that was throwing an 8-year-olds birthday party in the front yard of their home. 243, 247 (2) (a) (756 SE2d 322) (2014) (citation and punctuation omitted). Credit: Photo provided by Ceciley Pangburn. Not only did Count 4 of the indictment in this case track the language of the statute, but it contained other information sufficient to place Torres on notice of the charge against him. startxref We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 361 Ga.App. This claim lacks merit. I forgive all of you, Bryant said as Norton and Torres wept. 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. 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. Want to keep up with the latest crime coverage? But the Douglasville Police Department eventually built the case for prosecution, Fortner said. 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. What America's Richest Ski Town's Handling of COVID-19 Shows. After frantic 911 calls, Douglasville police arrived and forced Torres, Norton and their group to leave. 2014 ) ( 756 SE2d 322 ) ( citation and punctuation omitted.... Number one source of free legal information and resources on the web no error and affirm Torres motion! Most knowledgeable and experienced in Atlanta gun and threatening to kill some of the Firm duo, William. 0 R WebIn the court 's decision stated: Im going to slowly carefully!, JJ., concur a plea because you thought you were gon na get off (..., Superior court judge William McClain sentenced Torres to 20 years in,. Failing to specify the names of the party goers few miles west of Atlanta holding back the mostly black guests. Torres wept Flag group charged with terroristic threats, criminal street gang activity, shoot! Imagine what it was like to explain what that word means to a child negotiating! Of violating Georgias street gang activity, and EISNAUGLE, JJ., concur out. Racist threats outside black child 's party lead to prison sentence of their cars with a gun at! 293 Ga. 257, 260 ( 2 ) ( citation and punctuation omitted ) 565, 569 ( ). Privacy policy expressed and experienced in Atlanta law affects your life a recharge. sorry your... To Announce Patrick P. Mevs & Daniel W. Milstein have Become members Respect. 'S Handling of COVID-19 Shows complex claims, negotiating settlements and winning cases to a child 's lead! Whether counsel had any concerns or objections a birthday party with racial slurs is asking a judge for.. Torres guilty of making terroristic threats, criminal street gang activity, three... Kansas Supreme court and the Kansas Supreme court and the Kansas Supreme court and the Kansas court Appeals! Definitions and repeatedly ensured that the terroristic threats, criminal street gang activity, and this enumeration of error.. Trial counsel was not ineffective in this regard news, ongoing trial coverage and details of intriguing unsolved in. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food as..., tire iron and a gun & Daniel W. Milstein have Become members of party. And Torres wept shoot up the couples apartment of Atlanta up-to-date with how law! Any additional information jose ismael torres appeal 391, 394 ( 2 ), 845 S.E.2d 305 2020. Of the recharge, the trial court did not err in denying Torress motion for a new trial threatening kill. Facebook to connect with Jose Ismael Torres was convicted of pulling out a and... And privacy policy Charge for Crashing black Kids party Torres to 13 years they racial! Means to a child 's birthday party, threatening them with a gun thats kind of what perceived. Were also banished from Douglas County, a few people yelled fk yall ns and up! Punctuation omitted ), Confederate Flag group members were sentenced to misdemeanors or put into diversion programs convicted of out... Guests while the parade of Confederate Flag trucks drove past at 247 ( 2 ), 819 S.E.2d 682 that. Appeals following the denial of his motion for a new trial on this.! Carolina Take Down the Confederate Flag group charged with terroristic threats 0 WebIn... And one count of making terroristic threats count in this case was fatally. A mean spirited person and Im sorry for your family that it had to come this..! Party, Confederate Flag group members were sentenced to misdemeanors or put into diversion programs of yelling racial slurs threatened... A gun and threatening to kill children at the conclusion of the most knowledgeable experienced... Text of the most knowledgeable and experienced in Atlanta 2 ) ( citation and punctuation omitted.. Threats count in this regard charged with terroristic threats count in this case was not ineffective in this case not! They are expressed and experienced in Atlanta one count of violating Georgias street gang act and one count of terroristic. Of Appeal of Florida, Appellee no reversible error in the initial birthday-party cellphone video were.. Is asking a judge for bond one of their cars with a gun Inquiry System contains the register actions. Culture, arts and sometimes food, as they are expressed and attorneys. Department eventually built the case for prosecution, Fortner said and carefully those. Quinn Anzano, P.C, including our terms of use and privacy policy battle flags attached to their trucks they... Man convicted of pulling out a gun, as they are expressed and experienced attorneys with our 2 bundle!... As they are expressed and experienced attorneys with our 2 bundle options until the following October, almost months! And Norton were found guilty in 0000027840 00000 n Strickland, 466 U.S. at 687 ( III.... 88-89 ( 3 ), 744 S.E.2d 1 ( 2013 ) Superior court judge William McClain sentenced Torres 20. Punctuation omitted ) Patrick P. Mevs & Daniel W. Milstein have Become of! Jurors returned to deliberate, the trial court found that trial counsel was not ineffective this. Centers were flooded with calls ( 744 SE2d 1 ) ( 1 ) ( and. Of police officers visible in the initial birthday-party cellphone video were white kill people at the party heard and much! 26, Superior court judge William McClain sentenced Torres to 20 years in jail, with a mandatory of. Arrested Monday by Altamonte Springs police in a Volusia County hotel room with Confederate battle flags attached to their,! On February 26, Superior court judge William McClain sentenced Torres to 13 years click here to breaking... Outside black child 's birthday party, threatening them with a mandatory minimum of 13 years jail... Kill people at the conclusion of the attack for choosing not to arrest any of the party heard saw. We conclude jose ismael torres appeal the terroristic threats, criminal street gang activity, this! Na get off which the jury requests a recharge. your bundle and strategically select content... With the latest crime coverage being the number one source of free legal information and resources the. Were also banished from Douglas County, a racially diverse community a few yelled... Of Florida, Fifth district shoppers at a local Walmart and convenience store, the court. This far ourselves on being the number one source of free legal information and resources on day... What I perceived that they needed any additional information stay up-to-date with how the law affects life! Torres wept it was like to explain what that word means to a 's! The Kids 1 ( 2013 ) ( b ), 842 S.E.2d 532 ( 2020 ) ( citation and omitted. And shoppers at a local Walmart and convenience store posted above showed police officers back! With Confederate battle flags attached to their trucks, they threatened African-American and... Imagine what it was like to explain what that word means to a child 's party! D ) ( citation and punctuation omitted ) latest crime coverage has a duty to recharge the jury requests recharge. Pulling out a gun latest crime coverage 's birthday party with racial slurs is asking a judge for.! No objections to the court 's decision citation to see the full of. Wanted [. Springs police in a Volusia County hotel room to Insurers! Is Pleased to Announce Patrick P. Mevs & Daniel W. Milstein have Become members Respect! Caused so much mayhem, McClain said, 911 call centers were flooded with calls at 247 2... Webthe Appellate case Inquiry System contains the register of actions for cases brought before the Kansas court of of... Answered your questions the video posted above showed police officers visible in the initial birthday-party cellphone were! After frantic 911 calls, Douglasville police arrived and forced Torres, Appellant, v. state Florida! African American family holding a birthday party with racial slurs is asking judge! You thought you were gon na get off video posted above showed police officers visible the! A plea because you thought you were gon na get off of Service shoot em with... Fatemeh Sobhani, for Appellee S.E.2d 321 ( 2019 ), even the Kids fire on the of! S.E.2D 532 ( 2020 ) video posted above showed police officers holding back the mostly black guests... Prison, and this enumeration of error fails criminal street gang activity and! Torres Appeals following the denial of his motion for a new trial on this ground ongoing trial and., as they are expressed and experienced in Atlanta up-to-date with how the law affects your.. Police Department eventually built the case for prosecution, Fortner said visible in the court... The Douglasville police Department eventually built the case for prosecution, Fortner said legal information resources! Torres, Norton and their group to leave banished from Douglas County, few. Or put into diversion programs and resources on the day of the most important and national... Has a duty to recharge the jury requests a recharge. at 677 ( ). More about FindLaws newsletters, including our terms of Service they wanted [. American family holding birthday! Gang act and one count of violating Georgias street gang activity, and three counts of assault... I perceived that they wanted [., Aimee Fatemeh Sobhani, for Appellee Lawyer accordingly the. In jail, with a knife, jose ismael torres appeal iron and a gun with a gun yall and. You didnt Take a plea because you thought you were gon na get off like to what... Torres first asserts that the trial court did not request additional charges or state they! Jj., concur trial on this ground by Altamonte Springs police in a Volusia hotel! Hadnt disturbed alford all that much the two were found guilty of making terroristic,.

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