0000004985 00000 n WebIn the Court of Appeals of Georgia A21A1148. 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. Please read our Commenting Policy first. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! /S 495 391, 394 (2) (819 SE2d 682) (2018). See id. 149 863 S.E.2d 399. 0000017752 00000 n 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. He said it had been his intent to kill black people and start a race war. 5d16-4395 state of florida, appellee. Photos: Hate crime in Douglasville, Georgia. Rosalind Bentley is an award-winning feature writer focusing on culture, arts and sometimes food, as they are expressed and experienced in Atlanta. The email address cannot be subscribed. %%EOF Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Shes aware that some people have said the sentences were too harsh for the couple, especially since no one was physically injured. Summers is serving four years in prison and Henderson is serving two. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. 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. Hood v. State, 292 Ga.App. at 395 (2). The trial court brought the jury into the courtroom and addressed its questions. 5 = / q n k p k M. This claim lacks merit. Torres, 26, and Norton, 25, have three children between them. Would love your thoughts, please comment. 0000023139 00000 n We disagree. trailer You didnt take a plea because you thought you were gonna get off. /Metadata 44 0 R At issue here is how the trial court handled the request for the "definitions of the charges." 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. The jurors did not request additional charges or state that they needed any additional information. Debevoise Is Ready. 46 0 obj Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. So, why you crying now?. At the time, Alford said that members of the convoy interrupted the childs party with threats of violence and racial epithets. Poole v. State, 326 Ga.App. At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. [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. See id. Its inexplicable to me that you werent arrested by the police that day.. The court then stated: "I'm going to slowly and carefully define those offenses for you." WebB2 dailybusinessreview.com TUESDAY, FEBRUARY 28, 2023 DAILY BUSINESS REVIEW BROWARD U.S. DISTRICT 23-cv-80259-RLR, Chanel, Inc. v. Eye of the Needle Palm For an optimal experience visit our site on another browser. at 248 (2) (a) (an indictment charging terroristic threats without specifying the crime of violence that had been threatened tracked the language of the statute and was not fatally defective). 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. Some members pointed guns at the group. at 394 (2), the defendant threatened to stab a man, gangrape his wife, and shoot up the couples apartment. 0 I forgive you. << Citations are also linked in the body of the Featured Case. at 248(2)(a), 756 S.E.2d 322 (an indictment charging terroristic threats without specifying the "crime of violence" that had been threatened tracked the language of the statute and was not fatally defective). You may return and deliberate. The jurors did not request additional charges or state that they needed any additional information. A jury found Jose Ismael Torres guilty of making terroristic threats, Widner, 280 Ga. at 677(2), 631 S.E.2d 675 (citation and punctuation omitted). We find no error and affirm Torres's convictions. See Maynard v. State, 355 Ga. App. 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). 149. 2052. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Dyer v. State, 167 Ga.App. 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. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. If you drive around town with a Confederate flag, yelling the N-word, you know how its going to be interpreted, he said. The decision to conduct a rigorous investigation led to a successful outcome that best served our community., Jose Torres (credit: Douglas County DA Facebook page), Despite or perhaps because of the Douglasville PDs initial reluctance to arrest any Respect The Flag members, the Southern Poverty Law Center launched an investigation almost immediately after the July 2015 incident. 1. What happened to you was horrible, she said, as she wiped away tears. 0000016559 00000 n See Bautista v. State, 305 Ga.App. 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. (citation and punctuation omitted). 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. 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. See also Martinez-Chavez v. State, 352 Ga.App. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. . Not until the following October, almost three months later, were members of Respect The Flag indicted for their activities in July. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). District Court of Appeal of Florida, Fifth District. 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. seeks attorneys with 1-3 years litigation experience for its Morristown, NJ office. . Local police came under fire on the day of the attack for choosing not to arrest any of the aggressors. 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. 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." Prosecutors say that Norton and Torres started using menacing language. 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. See Hulett v. State, 296 Ga. 49, 60(5), 766 S.E.2d 1 (2014) (an ineffective-assistance claim is a mixed question of law and fact, and we accept the trial court's factual findings unless clearly erroneous and independently apply the law to those facts); see also Strickland v. Washington, 466 U.S. 668, 698(IV), 104 S.Ct. /Info 43 0 R 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. Stokes v. State, 355 Ga.App. Magazines, Digital They also threatened black shoppers at a convenience store and a Wal-Mart. Your Real Estate Legal and Brokerage Expert. 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. 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