Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Paul told the investigators that Peter had been around the explosion site one day before the explosion. Paul is Roger's son. "I don't imagine my clients will see anything of it," Sacramento lawyer Justin Gingery said. Beyond the substance of the arguments, Paul contends the prosecutors sandbagged him by withholding the most powerful evidence until rebuttal and depriving him of the opportunity to answer that evidence. He threatened to beat [his] dad's ass on multiple occasions. In The Court of Appeal of the State of California. And, as with the admissibility of the wiretap evidence, the argument is simply a diminution of the probative value suggested by the prosecution; it is not that the evidence bore no probative value, just that it was substantially outweighed by the risk of prejudice. NICHOLSON, J. We agree the prosecution may have overstated the probative value by arguing the degree of sophistication a wiretap takes in the absence of evidence to support that claim. Cloudflare Ray ID: 7a2e78bba8bccfb8 He noted that in a stack of paper, indentations can appear five pages down. Peter had difficulty with reading comprehension. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. Rainfall near a quarter of an inch. The Legislature therefore has declared that evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion. (Evid. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. The defense argued that Peter had been present at the scene of the explosion. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. The delivery and return addresses were printed label strips made with a label maker. (People v. Vereneseneckockockhoff (1900) 129 Cal. It's leveraged in between there. A friend read about his fingerprints on the indented sheet in a local newspaper and asked him about it when he called Paul in jail. Evidence Code section 352 provides the framework: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. In other words, the trial court is accorded considerable discretion to carefully balance the competing interests in admitting probative evidence and in excluding evidence that unfairly prejudices a defendant, and an appellate court will overturn the exercise of discretion only when the trial court's assessment appears to exceed the bounds of reason. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. They seized this sheet but not the sheets of paper below it. Here the prosecution sought to prove that Paul disliked Roberto Ayala, believed he was a liability to the farm, and thought that his removal would allow Paul to assume greater managerial responsibilities. According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. The two felt Roberto received more respect than them. Ct. No. On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. The essence of Paul's argument is that the wiretap had minimal probative value because of the lack of evidence as to the quantum of knowledge necessary to build the bomb that killed Roberto. "That's why I took the case.". Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. After a few years, Martin Tucker told Roger that Peter and his friends were shooting every bird in the sky. We cannot say the trial court abused its discretion by admitting evidence of a pattern of fascination and aptitude with building things, some requiring electrical aptitude and some that did not. Contact us. Chance of rain 100%. Paul Roger Moore, 49, is facing life in prison with no chance of parole after his first-degree murder conviction with the special-circumstance allegation that he killed Roberto Ayala, 43, by planting. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. From this evidence, the jury could reasonably infer that because Paul was familiar with Roberto's routine, he could specifically target Roberto by placing the bomb in an electrical pump panel he knew Roberto would be operating. Clearly, over the years he earned the trust and respect of Roger and Gus. Published: Jun 17, 2016 Total records: 5,262. Paul Moore convicted in Colusa bombing death, Animals in and out of control: Yuba and Sutter counties clarify common animal complaints, I view this as a solution: Habitat proposes 217-unit affordable housing apartment complex in Yuba City, Chili cook-off heats up Yuba City Moose Lodge, Marysville man serving time for attempted murder dies in prison, Plumas Lake man to be sentenced in case of pure evil, Caretaker who stole from the tulip lady gets community service, Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. On November 24 they noticed the device was not working and they went to Paul's house to investigate. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. C075231. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said last Wednesday. Do I think Peter (Paul's cousin) did this? Moore was cuffed and booked at the Colusa County Jail at the age of 47. Without going as far as the prosecutor in overstating the probative value, therefore, we do conclude the risk of prejudice was so conspicuously slight that it did not substantially outweigh the probative value the explosion-making incident had in establishing that Paul did have some familiarity, even if rudimentary, with working with explosives. But that is not to say a wiretap does not have sufficient probative value to merit admission, and given the minimal risk of potential prejudice, the trial court did not abuse its discretion by admitting evidence that did offer some probative value into the extent of Paul's knowledge about building and connecting electrical and mechanical devices. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) Furthermore, the trial brought to light that Rogers enterprise had several vehicles and machinery, which employees like Roberto were allowed to take for personal use. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Paul returned to work on the farm a few years before the explosion. In sum, there is an abundance of circumstantial evidence that either Peter or Paul, or perhaps Peter and Paul together, built and planted the bomb that killed Roberto Ayala. We are not at liberty to second-guess the trial court's careful and reasoned assessment, and because we find there is no abuse of discretion, there was no error in admitting the evidence. We must accept its determination. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Paul objects to the prosecutor's use of a DNA analogy. A jury convicted defendant Paul Roger Moore of first degree murder based exclusively on circumstantial evidence that he built and planted a victim-activated bomb in an irrigation pump he knew the farm foreman and eventual victim, Roberto Ayala, would activate. Trig two, drop weight activated upon door opening. The wiretapping occurred in 1995 or 1996. Ruben Reynoso Sr., of Colusa, CA, passed away at his home on January 9, 2023. We disagree. September-October: On several occasions the FBI dive team searched the canal and the irrigation ditch perpendicular to the canal and found a fuse, hinge, washers and nuts, the inside part of the electrical control panel, part of the post the panel had been mounted on, and a timer box cover. ), Nevertheless, the Legislature also recognized that some otherwise inadmissible character evidence should be considered by a jury because it is relevant to prove identity, intent, or knowledge. Rain. Powered by WordPress.com VIP. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. The fact that the prosecutor chose to highlight the damaging evidence only in response to the defense claims that Peter, not Paul, had killed Roberto Ayala and that he had no motive or nothing to gain from the killing was a strategic choice the prosecutors made. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) Ayala was killed in an explosion in 2013. The governing District was organized on July 16, 1923. We have carefully evaluated the quantum and sufficiency of the evidence that it was Paul who murdered Roberto in the context of the whole record, and we have examined each of the pieces of evidence he contends proves that it was Peter who designed, built, and planted the victim-activated explosive device. We have outlined the chronology of the investigation and how it produced evidence that Paul was quick to alert the investigators to evidence suggesting that Peter bore Roberto ill will, that Peter had threatened Roberto, that Peter had been at the scene of the explosion the day before it happened, and that it was an explosion, not an accident. He thought the police were there to search for medical marijuana he was growing. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said Wednesday. Indeed, shortly before the explosion, Roberto had injured his shoulder and Peter declared that [w]hen his wing is better, he's all mine. He was upset that Roberto spent Father's Day with Gus and that they were together all the time. According to Paul, something had been placed at the pump to cause the explosion. Rainfall around a quarter of an inch. hkruger@appealdemocrat.com. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. The forensic evidence, as we have described it, connects Paul to the drafting of the second letter and bomb diagram sent to the sheriff's department. Paul Moore was found guilty on Friday of first-degree murder of Moore Bros. farm foreman Roberto Ayala in Colusa County after the jury deliberated for about five hours. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. We simply cannot say the evidence that Paul possessed the unique skill set to build a bomb, that he had the requisite familiarity with Roberto's schedule and with the irrigation pump where the bomb was planted, of his fingerprints on the indented sheet that matched the bomb diagram and the remainder of the forensic evidence connecting his printer and his labels with the letter and diagram sent by the bomber to the sheriff, and of his suspicious behavior in framing his cousin and in manufacturing and planting the spikes in the road and chasing the investigators at high speeds, and his personal account of the lifetime of disappointment he felt in the way he had been treated relative to the way his father and uncle doted on Roberto, does not constitute solid evidence of credible and reasonable value to sustain the verdict. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. There were pieces of metal shrapnel in his chest, neck, and brain. He ran for about two miles to get help. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. He had not been allowed to work on the farm for over 21 years. He denied involvement in the explosion, declaring it was a chicken shit way for somebody to do it. As mentioned earlier, he claimed he had little experience with electrical devices and no experience with the irrigation pumps. Low 41F. It will be reassigned in five weeks. The investigators did not believe that a Mexican gang was involved in the explosion because gangs typically advertise their involvement rather than hide it, to incite fear and command respect. White Ford, same plate number. February 7, 2023 (78 years old) View obituary. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. Gunner believed his dad could repair just about anything and could make something out of nothing. One of Paul's favorite hobbies, according to Gunner, was assembling and flying radio-controlled airplanes. The admission of the evidence was not only fair but essential in assuring the jury understood the depth of how aggrieved Paul felt and that Roberto was a major source of his humiliation and disappointment. 3 Crim. Winds S at 20 to 30 mph. For example, Peter's hands shook as he tried to connect PVC (polyvinyl chloride) pipes and install sprinkler systems. Roger is Pauls father. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. In December 2016, a Colusa County judge approved a wrongful death lawsuit filed in 2013 by Ayalas family against Moore Brothers, Arlan Moore, Paul Moore and Roger Moore. Paul insists it was his first cousin Peter who had the motive and violent disposition to murder Roberto, a man who had claimed his father's and uncle's affection and devotion. There were disagreements where Roger took Roberto's advice over that of his son or nephew. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. We find no merit in Paul's objection to the admissibility of his own life story. The bomb is set off.. Peter had his stomach removed and lost almost 50 pounds. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. He also threatened his Uncle Roger, despite the fact he believed Roger would be more fair to him than his father. Gene attended Colusa High School and . The investigators took possession of three computers and three cellular telephones. Moore was convicted of killing Roberto Ayala. SACRAMENTO, Calif. - Paul Moore was convicted in state court announced Colusa County District Attorney John R. Poyner, Colusa County Sheriff Scott D. Marshall, and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), San Francisco Field Division Special Agent in Charge Joseph M. Riehl. They now want the white Ford F-250 hit. Later, as a father, Paul taught Gunner how to hard-wire electronics to his car battery so he would not have to use the cigarette lighter to power the electronics in his car. Why am I helping u? Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. Diane Nichols, under appointment by . But it is the jury's prerogative, not ours, to weigh the evidence. Again, Paul's critique is the same: that is, the prosecutor grossly exaggerated his fascination with bomb making and extrapolated one incident into a proclivity to create multiple and more advanced explosive devices. On October 3 investigators also found spikes down a private farm road. Becoming windy late. All rights reserved. The email address cannot be subscribed. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. Paul, not Peter, used abbreviations such as u and 4 in his text messages. "I feel like I've lost two sons in one time," Roger Moore said. Another expert will do this job. But 12 jurors of Pauls peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala, and we must respect their verdict., The appeals court also said that Paul complained bitterly about his life growing up on the farm and felt mistreated by everyone., The Sun Herald article states that the appeals court said the murder case was a classic whodunit. The Oxygen-Acetylene Bomb: Similarly, the evidence that Paul had mixed oxygen with acetylene to produce an explosion when he was in his early to mid-twenties also had some probative value about his knowledge, even if primitive, of bomb making. A state appeals court this week upheld Paul Moore's murder conviction. Express your opinion! Roberto had worked for the Moore brothers for 19 years. In his view, the admission of such prejudicial evidence rendered the state proceedings fundamentally unfair and violated his right to a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. There was no undue consumption of time since Paul's ex-father-in-law explained what he knew about Paul's involvement in creating an explosion in a paragraph or two. He could not retrieve his father's cell phone because his father was on fire. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. Chance of rain 100%. There is no question, however, that the evidence was remote in time. READ NEXT: Susan Susie Caseys Murder: 5 Fast Facts You Need to Know, Paul Moore, Roberto Ayalas Convicted Killer, is Serving Life in Prison, Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. There were talks of Moore being reappointed to supervise the Sacramento River Fire Protection District, from November 16, 2019, to November 15, 2023. An explosive enforcement officer testified that booby trap devices are victim-operated. He explained that just above the pipe bomb was a mouse-trap assembly that was used as a trigger. Paul Wynn Jan. 12, 2023. . And, of course, he was ostracized from the farm and estranged from his father. Peter threatened both his uncle and his father. If the verdict is supported by substantial evidence, we must defer to the trier of fact; yet a verdict cannot be sustained based on suspicion alone, or on imagination, speculation, supposition, surmise, conjecture, or guess work.' The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. As a result, Roger had the duck blinds removed. This information was not disclosed to the public. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. Whoever is driving that white F-250 is in great danger. Our sole duty, as we wrote at the outset, is only to insure that there is substantial evidence to support the verdict this jury reached. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. Paul alleges the trial court erred by denying his request to offer a surrebuttal to the second prosecutor's rebuttal and depriving him of the opportunity to offer a reply to the facts and arguments he had not raised in his own closing argument. You can email the site owner to let them know you were blocked. Sorry, there are no recent results for popular commented articles. On July 16, 2011, he was killed in front of his son. Our criminal justice system is predicated on the fundamental notion that a person accused of criminal conduct must be convicted based on evidence that he or she committed the alleged conduct and not merely based on evidence of a criminal disposition or a criminal reputation. David Moore's birthday is 01/17/1944 and is 78 years old. He insisted that Peter planted the indented paper and that his fingerprints were left on the top sheet when he placed his hand on it to adjust a window shade. He was a boxer in high school. They found threaded pipe nipple, end caps in the form of reducers and plugs, other end caps, washers, nuts, multicolored wire, and seven-inch bolts. Paul Moore, a family friend of Ayala's, was found guilty of setting the explosive device that killed Ayala after he turned on an irrigation pump at a rice field at the Moore Brothers farm.. So, heres everything you need to know about Roger Moore. And Roberto Ayala, in particular, was the target of his wrath. A forensic document examiner compared the sheet of paper with the indentations that had been seized from Paul's residence to the diagram of the bomb mailed to the Colusa County Sheriff's Department. But apparently they had little difficulty reaching their verdict. He said Paul Moore is the "sole inheritor of the Moore family fortune." February 3, 2023 (75 years old) View obituary. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. Eduardo Ayala testified that he knew Peter characterized him and his coworkers as a lazy group of drug addicts and alcoholics who would ruin the Moore brothers' agricultural business. She also testified the labels on the envelopes sent to the sheriff were consistent with those on Paul's file folders, with the same type of polyester backing and the same type of acrylic-based adhesive. Sorry, there are no recent results for popular commented articles. Winds S at 20 to 30 mph. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. The trial court agreed with the prosecutor's position that the defense argument put in issue virtually all evidence that tended to show Paul's motive, technical skills, and past related actions and opened the door to fair comment on any and all evidence tending to link him to the crime. At the same time, their sons, Peter and Paul, respectively, hated Ayala. Of course, the evidence was damaging, for it confirmed the prosecution's basic theory of the case, that a disappointed, angry, and envious man killed the foreman who threatened him most in his father's eyes. He explained that he had posted a message entitled Horrible Tragedy on a sports gambling Web site wherein he described the death of Roberto Ayala. Paul concedes that the standard of review is an abuse of discretion, but he cautions us not to rely on the colorful descriptions and derisive boilerplates the Attorney General uses to describe abuse of discretion, including such catchphrases as a court abuses its discretion when the ruling is arbitrary, capricious, or patently absurd, resulting in a manifest miscarriage of justice. Rather, he insists the ultimate question is whether the court's ruling was unreasonable in light of the governing law and the facts presented. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm.