DA: Pair's Prison Time Isn't About the Confederate Flag

DOUGLASVILLE, GA — A couple sentenced to lengthy prison terms on Monday were not targeted because of their support for the Confederate battle flag, Douglas County's district attorney said.

Instead, prosecutors and testimony from the trial of Jose "Joe" Torres and Kayla Norton paint a picture of a drunken, hate-fueled, two-day spree in Douglas and Paulding counties.

During the July spree, members of a group called Respect The Flag brandished a shotgun and other weapons, hurled racial slurs at random minority citizens and threatened to kill children at an 8 year old black child's birthday party.

"I would never allow someone to be prosecuted for exercising his or her First Amendment right to fly whatever flag they choose, regardless of anyone’s personal feelings about it," District Attorney Brian Fortner said in a written statement. "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."

Torres was convicted earlier this month on three counts of aggravated assault, one count of terroristic threats and one count of violating Georgia's street-gang terrorism act.

Norton was convicted on one count of terroristic threats and one count of violating the street gang act.

On Monday, Superior Court Judge William McClain sentenced Torres, 26, to 20 years, with 13 to be served in prison, and Norton, 25, to 15 years with six years to serve. He also banished both of them from Douglas County upon the completion of their sentences.

The two both wept openly as their sentences were handed down Monday.

Co-defendants Lacey Paul Henderson and Thomas Summers pleaded guilty prior to trial and are currently serving shorter prison sentences.

On July 25, according to trial testimony and evidence, members of Respect The Flag gathered in Paulding County for the second day to ride around displaying Confederate battle flags.

But Paulding County 911 quickly began receiving calls that members of the group were threatening black citizens and hurling racial slurs at various locations.

One Paulding County 911 call played for the jury mentioned members of the group brandishing guns while threatening to kill all minorities that they came into contact with during their ride in Hiram.

A citizen of Paulding County also testified about members of the group assaulting a car full of black people at a Racetrac store — threatening to kill them and pointing shotguns and handguns at them.

The group left Paulding County and made its way to Douglasville at about 4 p.m. that day.

They ultimately encountered the 8 year old's birthday party, where party-goers were grilling hot dogs and hamburgers. There was a bouncy house, snow-cone machine and and a DJ.

After shouting from their vehicles, Respect The Flag members got out, walked toward the party and began hurling racial insults.

Torres, who had gotten a shotgun from his truck, pointed it at the group of predominantly African-American party-goers, saying he was going to kill them. One of his co-defendants said "the little ones can get one, too," referring to the children at the party.

Members of the group also were reportedly brandishing knives and a tire iron as weapons.

People at the party ran away and some called 911, which was already being flooded with calls about the group.

Police arrived on the scene and separated the two groups, although no arrests were made.

But during a follow-up investigation, law enforcement reviewed more than 10,000 pages of Facebook documents, which revealed that Respect the Flag members were white supremacists who discussed attending KKK rallies and joining Skinheads Nation and frequently made derogatory remarks about African Americans.

"I will simply not tolerate this type of behavior in our community," Fortner said. "All of the charges were based on threats to kill others and the pointing of the shotgun. This is behavior that even supporters of the Confederate battle flag can agree is criminal and shouldn’t be allowed."

The district attorney credited the jury in the case for being able to "stay focused on the issues at hand instead of the many distractions associated with this case."

"They recognized that it was not about flying a flag but it was about pointing a shotgun at other people and threatening to kill them because of the color of their skin," Fortner said.

The case was prosecuted by Assistant District Attorney David Emadi and Assistant District Attorney Norman Barnett.

Photos courtesy Douglas County District Attorney's office