She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. 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. 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. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. Lynette Marie Clark. On August 22 the investigators searched the farm shop with Roger's permission. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) Records published here were acquired from Colusa . I am military trained. 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. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. 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. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. His body was still burning when the firefighters arrived. The bomb exploded, injuring Paul and his friend. Believe me and have time to do something to help these guys.. Chance of rain 100%. He was able, however, to install electrical sprinkler systems. McNary-Moore Funeral Service in Colusa, CA. The indented sheet had his fingerprints all over it, the paper matched paper from his house, the ink matched ink in the printer from his house, the labels matched his labels, and the fishing line attached to the bolt matched fishing line from his boat. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. Rainfall near a quarter of an inch. 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. NICHOLSON, J. Paul complained that Roberto was accorded special privileges, such as keeping sheep and goats by the farm workshop, drinking beer while working or after work, and driving company vehicles home. Paul's animosity toward Roberto and his feelings of humiliation and resentment were simmering for years, and who better to express his feelings, and inferentially his motive, to the jury than Paul himself? It's leveraged in between there. (People v. Morris (1988) 46 Cal.3d 1, 21.). A trace evidence examiner testified that the chemical composition of the fishing line found in Paul's boat was indistinguishable from the fishing line wrapped around a bolt found at the scene of the explosion. The bolts were just like the bolt discovered at the scene of the explosion. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. They now want the white Ford F-250 hit. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". Whoever is driving the Ford is very much in danger. Nor do we find the prosecutor's equally innocuous statement that there is no such thing as a prosecution witness another example of prosecutorial error. Performance & security by Cloudflare. 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. Most significantly, Peter broadcast his contempt for Roberto. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. You have permission to edit this article. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Colusa) ---- THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. "But, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. A Sacramento County jury found him guilty on Aug. 23. 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. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. They want the brother, but it is now driven by some young guy, or do they want the young guy? The next guy might not catch the error in info and the wrong person will die. pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. 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. Whether wiretapping is relatively simple or exceedingly complex, it takes a certain degree of knowledge to tap into someone's phone line. For the first time at trial, however, he testified he got into the truck and tried to drive it. The outside square of the diagram is the electrical box that we've described.. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. . In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). 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. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. Peter was more vocal, but Paul built the bomb that killed him. There is indeed sufficient evidence to support a reasonable inference that Paul had nursed a lifetime animosity toward nonfamily members his father appeared to favor. We agree with the trial court. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. 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. History. Paul is Roger's son. As an adult, he became a football coach but was fired for his aggressiveness toward a student. Published: Jun 17, 2016 Total records: 5,262. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. And because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. 107 5th St, Colusa, CA. 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. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. Moore was convicted of killing Roberto Ayala. 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 investigators took possession of three computers and three cellular telephones. 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. Code, 1101, subd. Peter had difficulty with reading comprehension. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. But the degree of sophistication it takes to wiretap is not dispositive. On appeal, Paul challenges the court's denial of her request. #Dateline tonight at 9/8c. The defense argued that Peter had been present at the scene of the explosion. On November 24 they noticed the device was not working and they went to Paul's house to investigate. A document examiner expert testified at trial that the paper used in the second letter sent to the sheriff, the diagram, and the indented paper were chemically indistinguishable. He showed them copies of text messages he had received from Peter in which Peter expressed his displeasure with the condition of the fields and suggested the field manager (Roberto Ayala) should be fired. 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. Low 41F. We have found no error at all, and therefore there are no errors to accumulate. Colusa, CA. Since he was seven, when his father was tragically killed, he is 16 years old now. Defense attorney Linda Parisi argued that Paul Moore's cousin, Peter, was responsible for the bomb in the three-week Colusa County Superior Court trial that was moved from Colusa to Sacramento. 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. 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. And that primer is causing an immediate flash into the cavity of that pipe assembly, the pipe bomb itself, and initiates the explosive charge. Higher wind gusts possible. February 3, 2023 (75 years old) View obituary. Defense counsel argued the document should have been excluded because it was written at least 18 months before Roberto was killed and many of the events Paul described had occurred in his early childhood. 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. He is also survived by his brother, Roger Moore. And Roberto Ayala, in particular, was the target of his wrath. This envelope had a postmark from Colusa. The next day, the investigators at the Colusa County Sheriff's Department received a letter with a postmark from Sacramento that they learned was processed by the postal service in West Sacramento. 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. He also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. As a child he rigged his light switch; as a father he taught his son how to hardwire his car; as a farmer he designed a mud chisel, rice rollers, and a fertilizer aqua bar. 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. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. Sorry, there are no recent results for popular commented articles. 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. The jurors had the opportunity to observe Paul throughout the trial and to assess Peter's credibility throughout his lengthy direct and cross-examinations. 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. His reputation in the community would make Peter the more likely suspect than Paul. According to Gingery, the Moores receive millions in agricultural subsidies annually. He said Paul Moore is the "sole inheritor of the Moore family fortune." Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. Poyner said that after the verdict was announced, he called Peter Moore. 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. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. Gene attended Colusa High School and . 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. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. The text of the letter was a photocopy of the original; it too contained printed label strips made with a label maker. After a few years, Martin Tucker told Roger that Peter and his friends were shooting every bird in the sky. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) Peter's best friend, Blane Martin, countered this narrative. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. Chance of rain 100%. He was the farm foreman. Winds S at 20 to 30 mph. His son heard a loud explosion and saw his father on fire. I will come peacefully or detonate all the devices.. We are not at liberty to reweigh evidence or revisit credibility issues. Even though Paul Moore was the "sole. 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. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. Again, the limited scope of appellate review presents an insurmountable obstacle. "Paul was afforded a fair. We must accept its determination. Fill out this form to submit a Letter to the Editor. The boy had to run two miles to get help. In The Court of Appeal of the State of California. 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. We find no merit in Paul's objection to the admissibility of his own life story. Defense counsel, anticipating the very strategy the prosecutors ultimately used, complained to the trial court that the first prosecutor offered only a short opening argument, whereas the second prosecutor had argued for over two hours when she once again objected to the sandbagging. Paul's son Gunner testified that when Paul was young, he rewired the light switch in his bedroom so he could turn off the light from his bed, but if a person did not flip the switch in a particular way, he or she would be shocked. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) While there is no evidence that he actually had been disinherited, Peter believed he had and that Roberto would be the recipient of his share of the farm. He assumed Peter was trying to get him fired. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Peter's house was searched a few days after the explosion. (People v. Kipp (1998) 18 Cal.4th 349, 369. Their hopes had not materialized. Powered by. All of these considerations could factor into the trial court's delicate weighing process. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. 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. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. Copyright 2023, Thomson Reuters. First, he complains the prosecutors sandbagged him by engaging one prosecutor, who played a more minor role at trial, to make a perfunctory opening argument, saving its genuine substantive attack by the prosecutor who conducted the bulk of the examination. Paul insists the limiting instruction could not cure the prejudice. 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. He noted that in a stack of paper, indentations can appear five pages down. The target is brother of target one and drives Chevy. Target two knows the Mexico connection and that is the reason 4 relocating n will not help target two. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. First three fuses, the device had dual triggers and detonators. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. We cannot say the trial court's denial of defense counsel's request for surrebuttal constituted an abuse of discretion under these circumstances, and we also cannot say that additional argument on the same themes already argued would have changed the jurors' finding that Paul was guilty beyond a reasonable doubt. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. 3 Crim. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. Express your opinion! Trig two, drop weight activated upon door opening. The trial court sustained the defense objection to the prosecution's characterizations, thereby limiting the prejudicial effect of the alleged prosecutorial error. The prosecution argued that Paul was attempting to taunt the police. Three days later, they received another letter containing a diagram of the device. Roger made two police reports based on Peter's threats to physically assault him. Winds S at 20 to 30 mph. The delivery and return addresses were printed label strips made with a label maker. He took on additional responsibilities as his back healed, and by July 2011 Roger had decided to bring on Paul as a 50 percent partner of his half of the farm operation. The vehicle, a 2006 Ford F-250, will be sold, he said. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. On that same day, Paul cast aspersions on Peter. Location and meter number for panel. The prosecutor characterized Paul's wiretapping of his ex-wife as creepy and really unusual, and stated he taunted his ex-wife's parents by telling them about the wiretapping. According to Paul, something had been placed at the pump to cause the explosion. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. Peter had his stomach removed and lost almost 50 pounds. ROGER HICKEL OBITUARY. This website is using a security service to protect itself from online attacks. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. Peter testified he was not a trained welder, he was not talented when it came to anything mechanical, and the only electrical work he performed was the simple wiring of electrical sprinkler systems. 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. Colusa Cemetery District grounds was established as a cemetery in 1873. God [sic] luck. . On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. He had not been allowed to work on the farm for over 21 years. But apparently they had little difficulty reaching their verdict. After the trial in 2013, Moore appealed the decision in 2016. View FREE Public Profile & Reputation for David Moore in Grimes, CA - See Court Records | Photos | Address, Emails & Phone Number | Personal Review | Income & Net Worth. The circumstantial evidence against Paul Moore included opportunity to plant the bomb and familiarity with the farms, a unique skill set to fix electrical and pump problems, and Pauls bringing investigators a piece of metal he found near the explosion. In the second message, Peter said he had worked for 21 years so he could have a chance to farm; that he wanted his grandfather's farm to stay in the family, but his father had disinherited him; that he and Roger were now screwed and he was not going to get a chance to farm; that he had never had a father except biologically; that his father was a douchebag and had never given him a penny; that Roger could not see the Ayala boys over there ripping [him] off blind; and that Roberto had his kid driving the harvester. 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.. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. Like the first letter, the text of the second was made with a label maker and photocopied. The admissibility of uncharged acts depends upon three principal factors: (1) the materiality of the fact sought to be proved or disproved; (2) the tendency of the uncharged crime to prove or disprove the material fact; and (3) the existence of any rule or policy requiring the exclusion of relevant evidence.' It is true that the prosecution did not elicit testimony from the ex-father-in-law or from anyone else about what electrical knowledge was necessary to wiretap a telephone. The settlement also included about $44,800 in worker's compensation payments. November: By November the investigation had targeted Paul. Peter loved to shoot ducks. Chance of rain 100%. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. There were disagreements where Roger took Roberto's advice over that of his son or nephew. Ct. No. SACRAMENTO Paul Moore was found guilty on Friday of the Colusa County murder of Moore Bros. farm foreman Roberto Ayala after about five hours of deliberations. Prosecution experts did not find any evidence of value on Peter's devices. 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. Diane Nichols, under appointment by . White Ford, same plate number. He also threatened his Uncle Roger, despite the fact he believed Roger would be more fair to him than his father. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. He remained so bitter toward his father he begged his grandmother to disinherit him. The evidence is all circumstantial. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. Neither cousin was happy with his place within the family hierarchy. (b).) But 12 jurors of Paul's peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala and we must respect their verdict. He needs to be careful. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. 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. Nevertheless, there was probative value in establishing Paul's lifelong familiarity and experimentation with all types of electrical and mechanical devices. 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. The settlement also included about $44,800 in worker's compensation payments. Paul then drove to the farm shop. Peter testified he was going to physically beat up Roberto. 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. [Citation. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. During tomato harvest, he wrote, he drove the shitty tractor, but pussy Peter was allowed to drive the tractor with an air-conditioned cab because otherwise Peter was a prick to work with. Employees, including Roberto Ayala and Roberto's brother Eduardo, were given liberties he was not, such as drinking on the job, taking farm vehicles and equipment for personal use, and getting paid during the winter. Paul therefore argued that he had no motive to kill Roberto, whereas Peter did. Although he had used the irrigation pump years earlier when he was shooting ducks, the mechanism had been changed and he testified he did not know how to use the new apparatus. Powered by WordPress.com VIP. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. What is Roger Moore's Net Worth? The forensic evidence, including the indented sheet of paper with Paul's fingerprints on it, the ink and paper from his printer matching the ink and paper mailed to the sheriff, the matching fishing lines, and the presence in the farm shop of many of the materials needed to make the bomb, constitutes substantial evidence to support the inference the jury made that it was Paul who wrote the letters to the sheriff, and it was therefore Paul who planted the bomb that blew up Roberto Ayala, just as he had planned.