paul roger moore colusa ca
Winds S at 20 to 30 mph. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. 2023 Cinemaholic Inc. All rights reserved. He described how the booby trap would detonate, as follows: So imagine you take a metal box, typical control panel, electrical, that has the lip that goes around, and you have that little washer pin in there so that the lip of the box, I imagine, the door to the box and the box itself has this little washer sandwiched in between them so that it can't fall down. His trial lawyer provided excellent representation and advocacy. 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. (People v. Kipp (1998) 18 Cal.4th 349, 369. Cloudflare Ray ID: 7a2e78bba8bccfb8 He also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. Paul said the evidence was no big deal; he said the sheet was found in his house by the window, and he probably leaned on it and opened the window.. Would love your thoughts, please comment. She thereafter requested the opportunity to offer a surrebuttal. In those instances, a defendant's prior bad acts are admissible. You can email the site owner to let them know you were blocked. He was the farm foreman. I am over this life. Thus, he was suggesting by analogy that the document examiner could not say the papers were a positive match. The trial court rejected the defense claim that the prosecutor improperly had compared paper stock analysis to DNA analysis when there was no DNA analysis in evidence. Bomb victim's family awarded $20M | Colusa Sun Herald - Appeal-Democrat ARLAN MOORE OBITUARY . Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. In The Court of Appeal of the State of California. IPeter or Paul: Substantial Evidence to Support the Verdict. The delivery and return addresses were printed label strips made with a label maker. On July 16, 2011, Roberto picked up his seven-year-old son, bought him lunch, and drove to one of the Moore brothers' rice fields to adjust the irrigation pump. Rain. Code, 1101, subd. Medicare vs. Medicare Advantage. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. He thought the police were there to search for medical marijuana he was growing. pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. He was responsible for regulating the water levels on the rice fields. During the trial, Roger Moore testified he planned to share his half of the farm with his son, but that Paul Moore would have to work his way up in an effort to build respect from the employees, a situation that Druliner said Paul Moore resented. Corning Observer Obituaries - Legacy.com The potential prejudice of admitting the evidence was slight. He had not been allowed to work on the farm for over 21 years. A document examiner from the United States Secret Service compared the ink from the documents sent to the sheriff's department with the ink on documents from the printer confiscated at Paul's house. Periods of rain. Prosecutors David Druliner and Poyner argued that Paul Moore was clever and resented that he ranked low on the farm compared to other employees, particularly Roberto Ayala, who had a close relationship with Roger Moore. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The actual printing on the diagram looks like somebody printed it on a label maker, affixed it to the paper and then ran it through a photocopier. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. A Colusa County judge approved the judgment last month in the wrongful death lawsuit filed in 2013 by Jesus, Maria and Paola Ayala against Moore Brothers, Arlan Moore, Paul Moore and Roger Moore. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) These facts, in large part, form the basis for Paul's arguments at trial and on appeal. This was my first and final job. COLUSA COUNTY (CBS13) - A man has been convicted of murdering a farmworker by setting a bomb in an electrical panel that was triggered by the victim at irrigation pump. . This information was not disclosed to the public. CR53504) In fact, he testified [t]hat piece of property is my favorite piece of property that we own. It was in that field that he ran his duck club before Roger took down the blinds. 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. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. In 2019, the board of supervisors of Colusa met. Where is Paul Moore Today? - The Cinemaholic Rice Subsidies in Colusa County, California, 1995-2020 . Code, 1101, subd. We agree with the trial court that the document was therefore relevant to prove motive. 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. All of these considerations could factor into the trial court's delicate weighing process. Tucker reported the incident to the sheriff and to Roger. Clearly the jury was aware of which witnesses had been called by which side, and such a statement could not reasonably mislead any juror on that point.. Without debating semantics, the point is that we must defer to the trial court's determination whether the evidence is substantially more prejudicial than probative unless the court has strayed too far from what is reasonable and sound. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. Paul and his young friend were burned in the explosion they caused, but their injuries paled by comparison to the injuries suffered by Roberto when the bomb he activated set him on fire and electrocuted him. The bomb exploded, injuring Paul and his friend. The investigators placed a GPS (global positioning system) device on his truck, devices that often malfunction. 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. We concur: The investigators did not desire to have personal contact with Paul at the time, so when he saw them driving by his house, the investigators drove away from the area. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. Records published here were acquired from Colusa . In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. As a result, Roger had the duck blinds removed. Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. He did not like Roger and Roger did not like him. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. The wiretapping incident indicates knowledge of electrical circuits, as well as the ability to alter and manipulate said circuits while maintaining personal safety. Whoever is driving that white F-250 is in great danger. For the first time at trial, however, he testified he got into the truck and tried to drive it. [Citation. Clearly, they both had hoped to assume managerial positions on the farm. Paul, not Peter, used abbreviations such as u and 4 in his text messages. First three fuses, the device had dual triggers and detonators. 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. Periods of rain. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. He argues that the trial court's error violated his right to a fair trial and due process of law under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. C075231. After a career of killing, I want to save a life before I take my life. Peter was so angry he left a voice mail message for Tucker, threatening that he was going to rip his head off and piss down his throat or shit down [his] neck. Peter testified that he did not intend to literally rip off Tucker's head, but he did want to engage in a fistfight. Virginia Carmen Ortiz. Eduardo Ayala, who still works on the Moore Bros. farm where his brother was killed, said that on the first day of court, he heard bells ringing in the halls. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. The police officers confiscated a laptop computer, a combined printer-copier, a partial roll of stamps similar to those used on the second letter sent to the sheriff, an unopened label maker, file folders that had been marked with labels created with a label maker, and manila envelopes similar to the one used for the first letter. The bomb is set off.. The settlement also included about $44,800 in worker's compensation payments. On August 17 Paul went to the police station voluntarily. Colusa CA 95932. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. Previously driven by target one. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. Sorry, there are no recent results for popular commented articles. We disagree. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. There were no eyewitnesses, no confessions, no admissions, and no fingerprints or DNA evidence found on any of the parts of the explosive device found at the scene of the murder. On that same day, Paul cast aspersions on Peter. And, of course, he was ostracized from the farm and estranged from his father. Fill out this form to submit a Letter to the Editor. 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. Two-inch gallon pipe and quart of gasoline in plastic bottle. February 7, 2023 (78 years old) View obituary. November: By November the investigation had targeted Paul. All rights reserved. Becoming windy late. . Peter had his stomach removed and lost almost 50 pounds. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. We have completed one-half of our job by presenting the circumstantial evidence from which the jurors could have reasonably inferred that Paul had the familiarity with Roberto Ayala's work routine and how to operate the irrigation pump as well as the opportunity to plant the bomb and the unique skill set in electrical and mechanical design to have constructed the victim-activated explosive device that killed him. As an example, he referred to DNA experts who do not say something is a positive match or is definitely someone's DNA but who give possibilities larger than the number of people who ever lived on earth. PDF 16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE - California Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. Of Paul Moore, Poyner said, "the guy is evil. Expert in Vietnam devices. Express your opinion! Paul Moore murder conviction upheld | Colusa Sun Herald | appeal On July 16, 2011, he was killed in front of his son. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) McNary-Moore Funeral Service in Colusa, CA. The two felt Roberto received more respect than them. "I don't imagine my clients will see anything of it," Sacramento lawyer Justin Gingery said. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The defense raised important questions and offered a more than plausible alternative theory, but those questions were answered by the jury and it rejected Paul's argument that Peter was the perpetrator. He ran to help him, but his father was unresponsive. The letter read: I am responsible for the panel explosion. 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. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. July 18: Two days after Roberto Ayala's death, Paul delivered to investigators a piece of metal he found in a canal near the explosion. The investigators took possession of three computers and three cellular telephones. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. Chance of rain 100%. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. 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. The evidence is all circumstantial. 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. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. The trial court cannot be said to have abused its discretion by admitting highly relevant evidence when the only prejudice is the fact the story Paul himself told was a damaging one. (a). 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. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. The prosecution called a litany of forensic experts connecting Paul to the sheet of paper with the indentations of the bomb diagram, the paper in the printer to the paper used in the diagram of the bomb, the ink in the copier to the ink used on the second letter and the diagram, the type of labels used in the letters and diagram to the type Paul used on his own files, and the fishing line found in his boat to the type of fishing line used in the bomb. In the first message, Peter told Roger that the real reason Roberto's son was fired by another employer was that he was caught stealing and forging his time card, the same thing the Ayala boys had been doing to Roger for years. Paul was afforded a fair trial, the appeals court said at the time. According to Paul, something had been placed at the pump to cause the explosion. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. ADVICE: Are North Americans wimps when it comes to pain tolerance? He wrote that his father thought he was stupid, but continually raved about Roberto's intelligence. He was fired as the director of a duck club because he offended some of the members. But the degree of sophistication it takes to wiretap is not dispositive. 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. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. "That's why I took the case.". On August 22 the investigators searched the farm shop with Roger's permission. Lynette Marie Clark. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. "We've waited 25 months and. When asked if his temper had caused problems for him in the community, he testified, I'm not the easiest guy to get along with. By his own account, his father not only physically abused him, but from the time he was eight or nine years old made him fight with other boys to resolve their conflicts. The jurors had the opportunity to observe Paul throughout the trial and to assess Peter's credibility throughout his lengthy direct and cross-examinations. And it is particularly challenging because, as Paul argues on appeal, there are no witnesses, no fingerprints on any of the bomb parts, no DNA, no confessions, and no admissions. Like the first letter, the text of the second was made with a label maker and photocopied. He could not retrieve his father's cell phone because his father was on fire. Performance & security by Cloudflare. Find Dr. Moore's phone number, address, hospital affiliations and more. Peter's best friend, Blane Martin, countered this narrative. On tonight's episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayala's murder case. 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. Paul is Roger's son. 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. Their hopes had not materialized. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Paul Roger Moore was found guilty today of murdering Roberto Ayala. Paul maintains the prosecutor's comparison to DNA analysis imputed an accuracy to the paper and ink analysis that was not in evidence, and therefore it was error to allow the prosecutor to argue the ink, paper, and labels were matches. We agree with the trial court that the argument was permissible as a mere example or analogy. The trial court sustained the defense objection to the prosecution's characterizations, thereby limiting the prejudicial effect of the alleged prosecutorial error. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. His son heard a loud explosion and saw his father on fire. Roger is Pauls father. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. The boy had to run two miles to get help. Roberto was not an impediment to his ambitions. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. We agree with the trial court. Winds S at 20 to 30 mph. They want the brother, but it is now driven by some young guy, or do they want the young guy? 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. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). I finally found the Ford, and now it is driven by some young guy, not the brother. Are you concerned about the rising tensions with North Korea? One of the investigators described the diagram of the bomb as follows: It's a diagram that has writing around the diagram and on the diagram. 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. On top of that, Roger surely had the resources to ensure everyone was looked after. "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. A bomb-sniffing dog did not alert on anything explosive in the house, garage, or truck. They asked for the testimony of only one witness to be reread to them. 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. Gus stood ready to arrest him for trespassing if he was found on the premises. Paul was free to argue that the document itself proved he had no intention of harming Roberto because, even in his most private moments, he did not threaten him. (People v. Morris (1988) 46 Cal.3d 1, 21.). At trial there was no evidence Paul climbed a telephone pole to attach a wire to the line or any other evidence as to how Paul actually wiretapped the telephone. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. The defense argued that Peter had been present at the scene of the explosion. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. Paul Moore is currently serving life in prison without the possibility of parole. It's leveraged in between there. But Peter's situation was far different. Thus it was relevant and probative of his knowledge of creating explosions. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. Paul Moore of Grimes,. 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. Roberto Ayala's Murder: 5 Fast Facts You Need to Know Click to reveal More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. He ran for about two miles to get help. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. Peter testified that two months before the explosion, his father told Roberto that if Peter came on the farm, Roberto should have him arrested for trespassing. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. Higher wind gusts possible. At the same time, their sons, Peter and Paul, respectively, hated Ayala. 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. He contends the evidence was too remote, was not probative of his knowledge of electrical circuitry or constructing sophisticated bombs, and was substantially more prejudicial than probative. And Roberto Ayala, in particular, was the target of his wrath. Paul Moore, a family friend of Ayalas, 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. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. People v. Moore | Law.com 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. I will come peacefully or detonate all the devices.. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. Cemetery Records. 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. ), Admission of character evidence, however, is subject to special rules. Paul states repeatedly that he did not threaten Roberto Ayala in the entire document as if the document were irrelevant simply because he did not threaten to physically assault him. Paul Moore convicted in Colusa bombing death - Appeal-Democrat From this evidence, the jury could reasonably infer that Paul had both the aptitude and unique skill set needed to build the type of explosive device that killed Roberto Ayala. (Evid. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. 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. At trial he explained he had difficulty understanding the documents he was asked to review, but that he could understand an oral description of their contents. He said Paul Moore is the "sole inheritor of the Moore family fortune." 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. Dr. Svetlana Moore, MD | Colusa, CA | Family Medicine Doctor | US News Roger made two police reports based on Peter's threats to physically assault him. His reputation in the community would make Peter the more likely suspect than Paul. In addition, he had a violent disposition and leveled threats to harm not only Roberto, but his father, his uncle, and many others who upset him. They seized this sheet but not the sheets of paper below it. Becoming windy overnight. History. On October 3 investigators also found spikes down a private farm road. He explained that the indented sheet appeared to have been placed beneath the document that was actually written even though some of the lines did not align perfectly. According to Consuelo Conedy-Ruiz, the wife of one of the farm workers, Peter intentionally ran over her dog and drove away. He will rather seek life in prison without parole for Paul Moore. 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. Colusa Obituaries - Latest Obituaries in Colusa, CA - Echovita A state appeals court this week upheld Paul Moore's murder conviction.
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