Case Summary and Outcome

Georgia Superior Court Judge William McClain convicted the Defendants, members of the white-supremacist group “Respect the Flag”, of making terrorist threats and violating Georgia’s Street Gang Terrorism and Prevention Act. They were sentenced to a combined 19 years in prison and would not be allowed to enter Douglas County, where the crime occurred, following their release.

Jose Torres and Kayla Norton were taking part in a two-day rampage carried out by “Respect the Flag” when they showed up at an outdoor birthday party for an African-American child where they hurled racial slurs, made armed threats, and waved Confederate battle flags.

Judge McClain said that the Defendants’ acts were racially-motivated and reasoned that he had to consider the motivation of the incident even though First Amendment protections for free speech weren’t engaged because Georgia is one of a handful of states that doesn’t have a hate crime law. The Judge was also mindful that the incident occurred just a month after another racially-motivated assault when Dylann Roof shot down nine African-American worshipers in a Charleston, S.C. church. “With the tension in this country, the absolute last thing we need is people riding around with the Confederate flag threatening people,” Judge McCLain said.

Some information was derived from blogs, bulletin boards, and other similar online sources and may not have been verified. It should also be noted that media outlets may not provide complete information about the case. 

Facts

Jose Torres and Kayla Norton, members of the white-supremacist group “Respect the Flag” were convicted of making “terroristic threats” and violating the State’s street gang terrorism law.  Torres was also convicted of aggravated assault with a deadly weapon.

The couple pulled up to an eight-year old African-American child’s birthday party in Douglasville as part of a racist spree by “Respect the Flag” in Douglas and Paulding Counties, west of Atlanta. They arrived in a truck displaying the Confederate flag, shouted racial slurs at the attendees, and pulled out a shotgun threatening to kill the people there.

Criminal charges have also been brought against several other members of “Respect the Flag”.

Decision Overview

Douglas Superior County Court Judge McClain said that the Defendants’ actions were motivated by racial hatred as he sentenced Torres to 20 years, with 13 to serve in prison and seven on supervised release, and Norton to 15 years, with six to serve and 9 on probation. He also said that they would be banished from Douglas County on their release.

Judge McClain said that he had to consider the motivation of the incident even though First Amendment protections for free speech weren’t engaged because Georgia is one of a handful of states that doesn’t have a hate crime law. The Judge was also mindful that the incident occurred just a month after another racially-motivated assault when Dylann Roof shot down nine African-American worshipers in a Charleston, S.C. church. “With the tension in this country, the absolute last thing we need is people riding around with the Confederate flag threatening people,” Judge McCLain said.