paul roger moore colusa ca
The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. Whether we conclude that despite our reservation the trial court did not abuse its discretion or that, even if there was an abuse of discretion, the failure to allow surrebuttal was harmless beyond a reasonable doubt, our rationale is essentially the same. He also threatened his Uncle Roger, despite the fact he believed Roger would be more fair to him than his father. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. Rainfall around a quarter of an inch. 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. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. 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. Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. 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. 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. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. Would love your thoughts, please comment. You can email the site owner to let them know you were blocked. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) We agree with the trial court. 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. 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. 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.' 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. On July 12, 2011, Peter had texted Paul that he had been landscaping for 21 years, needed to get out, wanted to farm, was trying to get people to talk to Roger, and hoped that Paul would talk to Roger to help him get started farming. Paul objects to the prosecutor's use of a DNA analogy. First three fuses, the device had dual triggers and detonators. Records published here were acquired from Colusa . On July 16, 2011, he was killed in front of his son. Sorry, there are no recent results for popular videos. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. This characterization, according to Paul, sought to convince the jury he was a creepy person and, as a result, had a propensity to commit bad acts. 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. He was fired as the director of a duck club because he offended some of the members. According to the testimony offered by his father, his son, and his ex-father-in-law, that was a lie. "We've waited 25 months and. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. 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. Believe me and have time to do something to help these guys.. We conclude the trial court did not abuse its discretion by calculating the minimal risk of prejudice and finding the probative value was sufficient to justify the admission of the evidence. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. Paul returned to work on the farm a few years before the explosion. 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. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. He dropped his clippings from his landscape business 40 yards from the pump. At the same time, their sons, Peter and Paul, respectively, hated Ayala. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. I finally found the Ford, and now it is driven by some young guy, not the brother. We find no merit in Paul's objection to the admissibility of his own life story. 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. He had been angry and upset with the Moore family since he was 12 years old. 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. August: On August 11 the investigators were informed that the chemical testing of the fragments from the explosion indicated the presence of nitroglycerine, a chemical used in explosives. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. Of Paul Moore, Poyner said, "the guy is evil. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. 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. I received info and instructions via USPS. 3 Crim. The bomb is set off.. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. January 28, 2023 (85 years old) View obituary. They now want the white Ford F-250 hit. 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. (People v. Kipp (1998) 18 Cal.4th 349, 369. It will be reassigned in five weeks. His body was still burning when the firefighters arrived. Sorry, there are no recent results for popular commented articles. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) Their hopes had not materialized. In 2019, the board of supervisors of Colusa met. In her opinion, the labels came from the same tape cassette or from another one with the same characteristics. 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. Two-inch gallon pipe and quart of gasoline in plastic bottle. 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. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. 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. 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. This was my first and final job. This information was not disclosed to the public. 2023 Cinemaholic Inc. All rights reserved. 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. Powered by WordPress.com VIP. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. The action you just performed triggered the security solution. 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. 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. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. On August 17 Paul went to the police station voluntarily. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. Gus was . Nothing precluded defense counsel from confronting that evidence in her closing argument. I received another package via USPS, target two, I will not take this job because the info I received is wrong. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. History. . 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. Whether or not there is some authority to support the questionable proposition that a prosecutor's rebuttal is limited by the scope of the facts and evidence argued in the defendant's closing argument, the prosecutor did not introduce evidence outside the record or float a completely new theory of guilt. Sorry, there are no recent results for popular commented articles. By Harold Kruger Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. It is speculative, according to Paul, to assume that wiretapping a telephone is any more complicated than purchasing a Radio Shack or Spy Store device complete with user instructions for dummies [or] a DIY device.. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. He felt mistreated by everyone, including Peter. Roger made two police reports based on Peter's threats to physically assault him. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. The email address cannot be subscribed. Name, age, vehicle I.D. 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 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. 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. 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. 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. 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. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. Someone will take it. Paul Roger Moore was found guilty today of murdering Roberto Ayala. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. Cemetery Records. 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. They seized this sheet but not the sheets of paper below it. 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. They gave me two months 4 this job. 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. C075231 (Super. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. 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. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). He thought the police were there to search for medical marijuana he was growing. On November 24 they noticed the device was not working and they went to Paul's house to investigate. "Paul was afforded a fair. Location and meter number for panel. He stressed that Peter's history of acting out with physical force, coupled with his hatred for Roberto and his lifelong ambition to work his grandfather's farm, constitutes overwhelming evidence that Peter was the murderer. 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. 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. 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. 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. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. There were disagreements where Roger took Roberto's advice over that of his son or nephew. 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 governing District was organized on July 16, 1923. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. 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. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Rice Subsidies in Colusa County, California, 1995-2020 . Ruben Reynoso Sr., of Colusa, CA, passed away at his home on January 9, 2023. Recipients of payments . (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) Lab results will be military-grade powder, black spray-painted epoxy, no DNA. ), 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. Paul told investigators that his electrical experience was limited to fixing an electrical outlet and that he had no experience working on the pump control panels. The prosecution argued that Paul was attempting to taunt the police. Diane Nichols, under appointment by . The money is good. Roberto's death occurred against the backdrop of great family disharmony and dissension between the two principals in this deadly drama, Peter and Paul, cousins whose fathers were the sons of Richard and Mimi Moore, owners of an 1,800-acre farm near Colusa. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. The settlement also included about $44,800 in worker's compensation payments. Please try again. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. You have permission to edit this article. Clearly, over the years he earned the trust and respect of Roger and Gus. This website is using a security service to protect itself from online attacks. A defendant's writings have been admitted to prove motive over defense objection. 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 FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Moreover, he was aware of the 19 years Roberto had dedicated to the Moore brothers' farm and had watched at a distance as Roberto ascended to the position he coveted. He ran for about two miles to get help. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. He said Paul Moore is the "sole inheritor of the Moore family fortune." Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. He ran to help him, but his father was unresponsive. 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. The vehicle, a 2006 Ford F-250, will be sold, he said. PAUL ROGER MOORE, Defendant and Appellant. He was responsible for regulating the water levels on the rice fields. 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.
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