paul roger moore colusa ca

paul roger moore colusa cacharleston, wv indictments 2022

But the determinative question is whether the trial court abused its discretion by finding the risk of prejudice did not substantially outweigh whatever probative value the evidence had. 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. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. 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. 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. 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. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. 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. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. The lack of complete alignment resulted from the diagram or indented sheet being moved, the diagram being drawn at different times, or a line being overwritten. I am over this life. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. Paul Roger Moore, 49, is facing life - The Sacramento Bee | Facebook Defendant does not quarrel with the limited scope of appellate review of an insufficiency claim. 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. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. He could not retrieve his father's cell phone because his father was on fire. 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. Peter was more vocal, but Paul built the bomb that killed him. 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. The prosecution argued that Paul was attempting to taunt the police. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. "We've waited 25 months and. Although the trial was lengthy, they took less than a day to deliberate. His son heard a loud explosion and saw his father on fire. Peter had difficulty with reading comprehension. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. He also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. We concur: Rainfall near a quarter of an inch. 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. The attorney said he didn't take a fee to represent the Ayalas. Learn more about FindLaws newsletters, including our terms of use and privacy policy. My house and property are protected, larger devices. Records published here were acquired from Colusa . 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. (People v. Vereneseneckockockhoff (1900) 129 Cal. As a result, Roger had the duck blinds removed. Half of the amount will go to Jesus, Maria and Paola Ayala, while the other half will be placed in an annuity for Roberto's now 12-year-old son. They want the brother, but it is now driven by some young guy, or do they want the young guy? Paul Moore, Roberto Ayala's Killer, Was Sentenced to Life in Prison A trace evidence examiner found the fishing line recovered from Paul's boat had the same chemical composition as the line around the bolt found at the site of the explosion. Whoever is driving the Ford is very much in danger. Paul then drove to the farm shop. Peter texted, When [Roberto's] wing is better, he's all mine. Peter testified that when he wrote the message he was planning to beat up Roberto. The evidence is all circumstantial. 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. 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. War breaks out over Roger Moore fortune between widow's son and the His trial lawyer provided excellent representation and advocacy. 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. We accept for purposes of this issue the trial court's characterization of the defense closing argument. David Moore's birthday is 01/17/1944 and is 78 years old. The letter stated: Ayala was actually warned what would happen if he screwed with these people. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. 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. To the contrary, the prosecutor did nothing more than marshal validly admitted evidence to counter defense argument: that is, the prosecutor referred to wiretapping evidence to demonstrate that Paul had superior technical skills to Peter and to his My Life entries to demonstrate he had a motive to kill Roberto, based on a lifetime of indignities and slights he felt on the farm. 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. 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. Stay up-to-date with how the law affects your life. . Affirmed. Winds S at 20 to 30 mph. The trial court rejected Paul's allegations, most of which are a repackaging of the arguments we have already addressed. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. You have permission to edit this article. ADVICE: Are North Americans wimps when it comes to pain tolerance? This information was not disclosed to the public. Published: Jun 17, 2016 Total records: 5,262. He thought the police were there to search for medical marijuana he was growing. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) Winds S at 20 to 30 mph. From 1995-2014, they received grants worth $2.1 million. Motive is one of the elements the defense argued most vehemently. Higher wind gusts possible.. Ct. No. 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. The next guy might not catch the error in info and the wrong person will die. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. It's leveraged in between there. He will rather seek life in prison without parole for Paul 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. The jury reasonably could have concluded that his conduct following the explosion was incriminatorymanufacturing spikes that were found in the road and taunting the police in a dramatic chase. 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. Taken together, their expert opinions constitute substantial evidence from which the jurors could reasonably infer that Paul was the author of the incriminating letters to the investigators and that it was the author of those letters with the knowledge of the intricacies of the bomb who must have designed, created, and planted it. Many years before the explosion, he set up two duck blinds in a field on the farm. Gunner also reported that, according to his dad soon after the explosion, his grandfather feared that there was a booby trap in the switch and stated that someone must have been a genius to be able to do that, some type of electrical genius.. Peter loved to shoot ducks. Peter's best friend, Blane Martin, countered this narrative. Name, age, vehicle I.D. Three days later, they received another letter containing a diagram of the device. Although none of the individual incidents when taken alone would have demonstrated the type of knowledge necessary to make and install a bomb in an electrical panel device, the jury was entitled to hear how cumulatively they were relevant to whether Paul had the requisite knowledge to install a victim-activated bomb. Paul, through his own words, told that story from his perspective, and his perspective provided the jury invaluable insight into his motive for committing such an atrocious act. Nevertheless, on the narrow legal questions presented, we find substantial evidence to support the verdict and no abuse of discretion in admitting evidence or denying the defense request for surrebuttal closing argument, and therefore affirm the judgment. They attempted other ventures that failedPaul in construction, Peter in starting a sod business. Dateline on NBC sheds light on the horrific murder of Roberto Ayala. #Dateline tonight at 9/8c. According to Paul, something had been placed at the pump to cause the explosion. Ultimately, the Ayala family was awarded $20 million. Higher wind gusts possible.. In other words, Martin believed Peter's bark is much bigger than his bite. Martin had never seen Peter actually engage in any sort of violence. In the explosive expert's opinion, the evidence collected from the scene of the explosion was consistent with the diagram of the bomb, including a bolt with the piece of fishing line, pieces of a sprayed-black plastic bottle, plastic wrap, and washers and bolts that might have been part of the bomb. ), Admission of character evidence, however, is subject to special rules. "Paul was afforded a fair. They now want the white Ford F-250 hit. On November 24 they noticed the device was not working and they went to Paul's house to investigate. February 7, 2023 (78 years old) View obituary. Colusa CA 95932. "(The murder) is really the unfortunate product that came out, in spite of Roger's well-meaning efforts to do well by his family and do well by the company," Druliner said. Powered by WordPress.com VIP. Medicare vs. Medicare Advantage. By Harold Kruger Peter threatened both his uncle and his father. Family of Colusa bombing victim awarded $20M judgment He dropped his clippings from his landscape business 40 yards from the pump. Considered in context, there is no danger the jurors were misled or that the document examiner's expert testimony was falsely elevated to the stature of DNA evidence. 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. Peter's house was searched a few days after the explosion. Man Convicted Of Killing Farmworker Using Explosive Device Connected To Thus, the court disagreed with Paul's threshold argument at trial that the prosecutor's rebuttal was improper because it exceeded the scope of the defense closing argument. Sorry, there are no recent results for popular commented articles. Cemetery Records. The outside square of the diagram is the electrical box that we've described.. 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. The money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. Dr. Svetlana Moore, MD | Colusa, CA | Family Medicine Doctor | US News and plate number. Roger, Pauls father, got tied up in a civil suit brought by Ayalas wife, where she alleged that he must have been aware or should have been aware of Pauls malice and past criminal activities. Poyner said that after the verdict was announced, he called Peter Moore. In those instances, a defendant's prior bad acts are admissible. Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. 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. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. Most significantly, they shared their animosity toward Roberto Ayala. EWG Farm Subsidy Database || Farm subsidies in Colusa County, California An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. He also threatened his Uncle Roger, despite the fact he believed Roger would be more fair to him than his father. The vehicle, a 2006 Ford F-250, will be sold, he said. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. Paul Moore convicted in Colusa bombing death - Appeal-Democrat 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. 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. Little Fabian ran through the sunflower fields, as far as he could, to get help for his father More Friday at 9/8c with @Dateline_Keith. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. Ayala was killed in an explosion in 2013. It's a very rapid event. Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. (People v. Morris (1988) 46 Cal.3d 1, 21.). provides funeral home, burial, veteran,. "I don't imagine my clients will see anything of it," Sacramento lawyer Justin Gingery said. God [sic] luck. The fact that the document described the history of the family only added to its probative value. Roberto was not an impediment to his ambitions. 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. Clearly, they both had hoped to assume managerial positions on the farm. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. There were pieces of metal shrapnel in his chest, neck, and brain. 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. ), 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. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). On August 17 Paul went to the police station voluntarily. He was fired as the director of a duck club because he offended some of the members. In the My Life document, as described above, Paul provides a litany of perceived wounds and transgressions he suffered throughout his life on the farm and many of the indignities he felt were a result of the privileges, trust, and respect showered on Roberto by Roger and Gus. This vehicle info is the same as the first job. He noted that in a stack of paper, indentations can appear five pages down. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. 107 5th Street, Colusa, CA 95932 I finally found the Ford, and now it is driven by some young guy, not the brother. It will be reassigned in five weeks. Moore is the owner of the Moore Brothers Farm. To understand if, why, and how Paul would have blown up Roberto, the prosecution attempted to tell the painful story of the men of the Moore family farm and their tortured relationships. 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. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) And while it may be doubtful that Paul killed the farm's foreman to accelerate his own position given that his father had already decided to partner with him, he certainly felt aggrieved and humiliated that he had been denied the opportunity to become the foreman when he graduated from high school and that, throughout his life, those employees like Roberto Ayala who were not part of the Moore family were valued more and treated better than either Peter or Paul. Becoming windy late. 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. 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. 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. History. He lived with his parents and. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. Considering the ability to spring the money for such luxuries, Roger is definitely quite loaded. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. We must accept its determination. ), Wiretapping: In opposition to the defense motion in limine to exclude the evidence of wiretapping, the prosecutor argued: Defendant climbed a telephone pole and attached a wire to the line, running the wire to a recording device. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. 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. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. PDF 16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE - California 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. Sorry, there are no recent results for popular commented articles. Colusa Cemetery District grounds was established as a cemetery in 1873. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. Paul told the investigators that Peter had been around the explosion site one day before the explosion. Lynette Marie Clark. You have permission to edit this article. 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, I never had a doubt that my investigation team put together a rock-solid case," Poyner said. Peter told Ruiz and Conedy-Ruiz he did not like Roberto, he was practicing karate to prepare him to fight Roberto, and he referred to Roberto as a son of a bitch. In either June or July of 2012 Peter told Ruiz and his wife to forget everything he had told them a year earlier. "We've waited 25. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. (People v. Kipp (1998) 18 Cal.4th 349, 369. The case is a classic whodunit. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. He threatened to beat [his] dad's ass on multiple occasions. 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? Rain. 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. Roberto's seven-year-old son told the investigators and testified at the preliminary hearing that he did not move or drive the truck after the bomb exploded. Their hopes had not materialized. Gus stood ready to arrest him for trespassing if he was found on the premises. The boy had to run two miles to get help. My Life: Paul maintains that the trial court abused its discretion by admitting the prosecution's evidence of a document extracted from Paul's computer entitled My Life because its probative value was outweighed by undue prejudice within the meaning of Evidence Code section 352. On that same day, Paul cast aspersions on Peter. 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. 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. 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. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. Eschewing the old formulation characterizing a prosecutor's behavior as misconduct and urging us to consider the more forgiving label of prosecutorial error, the Attorney General defends the prosecutor's rebuttal argument and insists the court did not err by foreclosing the defense from making a surrebuttal argument as requested. Most significantly, Peter broadcast his contempt for Roberto. 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. Clearly, over the years he earned the trust and respect of Roger and Gus. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. Low 41F. Location and meter number for panel. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. Once it gets free enough to the point, and that won't take a whole lot, that washer drops or is free, and then that bolt drops, pulls the line through the first nut on the top, pulls the nut or the line through the bottom nut over here, the second one, which yanks on this little trigger right there releasing the bale. Therefore, the evidence shows a knowledge of, and experience with, electric devices under [Evidence Code section] 1101[, subdivision] (b) and should be admitted., Paul emphasizes that his ex-father-in-law offered the only evidence about the wiretapping and his testimony was simply that Paul put some kind of a recorder or a similar device underneath her modular home where he could, from time to time, monitor what the conversations were. Paul argues, therefore, there is no evidence that installing a wiretapping device demonstrated any particular knowledge about electrical circuitry or working with complex electrical devices. We agree with the trial court that the document was therefore relevant to prove motive. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. 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.

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