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. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. Performance & security by Cloudflare. On top of that, Roger surely had the resources to ensure everyone was looked after. Moore was convicted of killing Roberto Ayala. On July 16, 2011, Roberto Ayala and his son were on the Moore brothers rice fields, and Ayala was adjusting an irrigation pump when he son heard a loud explosion and then saw his father on fire, according to the original court case. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. He ran for about two miles to get help. Im going to get that F*****.. 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. You can email the site owner to let them know you were blocked. But the document provided strong circumstantial evidence he secretly envied the position to which Roberto had ascended and the discomfort Roberto's presence continued to cause him. 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. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. While Moores exact net worth as of 2020 is unknown, he must be worth millions. pic.twitter.com/trQ6iY5jej, Dateline NBC (@DatelineNBC) July 24, 2020. He denied involvement in the explosion, declaring it was a chicken shit way for somebody to do it. As mentioned earlier, he claimed he had little experience with electrical devices and no experience with the irrigation pumps. 3 Crim. Since I will not take this job, it will soon be reassigned. 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. He had been angry and upset with the Moore family since he was 12 years old. 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. She sued Moore Brothers farm and three Moores - brothers Arlan and Roger and Roger's son Paul - in Colusa County Court. But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. 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. 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. Winds S at 20 to 30 mph. 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. 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 money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. 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 vehicle, a 2006 Ford F-250, will be sold, he said. We will not repeat what we have already said about the prosecutor's references to either the wiretapping or the My Life document but will examine Paul's other allegations of prosecutorial error. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Another expert will do this job. The two felt Roberto received more respect than them. 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. After a few years, Martin Tucker told Roger that Peter and his friends were shooting every bird in the sky. But abused and ostracized by his father Gus, whom family members called Grumpy, Peter was not allowed to farm and instead spent 21 years earning a living in a landscape business he apparently loathed at times. She also testified the labels on the envelopes sent to the sheriff were consistent with those on Paul's file folders, with the same type of polyester backing and the same type of acrylic-based adhesive. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. He was born January 23, 1935, in Turner . 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. 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. We must accept its determination. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. I have nothing to say to that man, other than bye-bye.". Contact us. 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. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. Low 41F. 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 family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said last Wednesday. The target is brother of target one and drives Chevy. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. Chance of rain 100%. For example, Roberto traveled with Peter to a seminar about operating a sod business, but when Peter expressed interest in purchasing a harvester, Roberto alerted Roger, and Roger disapproved of the purchase. 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. ROGER HICKEL OBITUARY. They now want the white Ford F-250 hit. Like the first letter, the text of the second was made with a label maker and photocopied. Do I think Peter (Paul's cousin) did this? The bomb is set off.. Lynette Marie Clark. The settlement also included about $44,800 in worker's compensation payments. Virginia Carmen Ortiz. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. He thought the police were there to search for medical marijuana he was growing. (People v. Morris (1988) 46 Cal.3d 1, 21.). Diane Nichols, under appointment by . The bolts were just like the bolt discovered at the scene of the explosion. On August 22 the investigators searched the farm shop with Roger's permission. It's leveraged in between there. 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 is why I refused this job, but the next guy might kill both to ensure payment. The investigators took possession of three computers and three cellular telephones. Sorry, there are no recent results for popular commented articles. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. On that same day, Paul cast aspersions on Peter. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. Paul then drove to the farm shop. Winds S at 20 to 30 mph. 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. Previously driven by target one. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Affirmed. He also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. 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. I finally found the Ford, and now it is driven by some young guy, not the brother. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) There is no question, however, that the evidence was remote in time. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. Whoever is driving that white F-250 is in great danger. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. At the same time, their sons, Peter and Paul, respectively, hated Ayala. Tucker reported the incident to the sheriff and to Roger. The investigators did not believe that a Mexican gang was involved in the explosion because gangs typically advertise their involvement rather than hide it, to incite fear and command respect. What is Roger Moore's Net Worth? Ruben Reynoso Sr., of Colusa, CA, passed away at his home on January 9, 2023. The fact that the document described the history of the family only added to its probative value. Thus it was relevant and probative of his knowledge of creating explosions. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. Gus stood ready to arrest him for trespassing if he was found on the premises. He ran to help him, but his father was unresponsive. That explosion occurred in about 1991. He needs to be careful. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. Information is scarce, especially since Moore does not seem to have any social media presence. 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. By Harold Kruger 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. But 12 jurors of Pauls peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala, and we must respect their verdict., The appeals court also said that Paul complained bitterly about his life growing up on the farm and felt mistreated by everyone., The Sun Herald article states that the appeals court said the murder case was a classic whodunit. His trial lawyer provided excellent representation and advocacy. 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. Paul Moore is currently serving life in prison without the possibility of parole. If the verdict is supported by substantial evidence, we must defer to the trier of fact; yet a verdict cannot be sustained based on suspicion alone, or on imagination, speculation, supposition, surmise, conjecture, or guess work.' I am over this life. Becoming windy overnight. ADVICE: Are North Americans wimps when it comes to pain tolerance? That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. 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. Code, 1101, subd. He was born on August 14, 1948, to Leonard and Lona Beauchamp. 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. Records published here were acquired from Colusa . 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. February 3, 2023 (75 years old) View obituary. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. "(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. 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. 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. He thereafter refused to come back for any additional interviews. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. Third Appellate District (Colusa) (Super. This website is using a security service to protect itself from online attacks. We turn to counsel's arguments, the objections that were lodged, and the trial court's rationale in denying the defense request to make a surrebuttal argument and denying its later motion for a new trial. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. ), 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. The jurors had the opportunity to observe Paul throughout the trial and to assess Peter's credibility throughout his lengthy direct and cross-examinations. The freehand drawing has some arrows on it. Obituaries from McNary-Moore Funeral Service in Colusa, California. Paul alleges the trial court erred by denying his request to offer a surrebuttal to the second prosecutor's rebuttal and depriving him of the opportunity to offer a reply to the facts and arguments he had not raised in his own closing argument. The court summarized what it perceived was a two-part argument: first, that Paul had no part in the killing and had no motive to kill Roberto because everything was rosy for him at the farm and he had worked his way into a happy partnership with his father; but second, his cousin Peter, who was bitter and estranged from the farm he loved, was a plausible bomb builder because he was capable of constructing the simple explosive device in question, particularly with the assistance of the YouTube video found on his computer. Paul Moore of Grimes,. "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. Paul was afforded a fair trial. 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. After a career of killing, I want to save a life before I take my life. They want the brother, but it is now driven by some young guy, or do they want the young guy? He was the farm foreman. The outside square of the diagram is the electrical box that we've described.. This vehicle info is the same as the first job. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. A Sacramento County jury found him guilty on Aug. 23. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. Robert John Vierra. 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. Paul Wynn Jan. 12, 2023. Winds S at 20 to 30 mph. "Do I think Paul did this? Rainfall around a quarter of an inch. I got name, age, vehicle description, plate number and location. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. He lived with his parents and. 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. Medicare vs. Medicare Advantage. Rain. Periods of rain. Two-inch gallon pipe and quart of gasoline in plastic bottle. 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.. ARLAN MOORE OBITUARY . The money is good. Over defense objection, Paul's ex-father-in-law testified that Paul apologized to him for tapping his daughter's telephone when they were going through a divorce, putting some kind of recorder under her modular home so he could monitor conversations. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. Peter was intimately familiar with the field where Roberto was blown up. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. 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. Peter had his stomach removed and lost almost 50 pounds. And that primer is causing an immediate flash into the cavity of that pipe assembly, the pipe bomb itself, and initiates the explosive charge. Roger David Hickel passed away on Wednesday, May 25, 2011, at the U. C. Davis Medical Center in Sacramento, at the age of 76. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. Roberto was not an impediment to his ambitions. Paul argues the trial court abused its discretion by admitting evidence he had wiretapped his ex-wife's telephone during divorce proceedings 15 years earlier and had made oxygen acetylene bombs 20 years earlier. He had not been allowed to work on the farm for over 21 years. But Peter's situation was far different. In 2019, the board of supervisors of Colusa met. Express your opinion! Most damning, they found a sheet of paper with indentations that appeared to match the diagram of the bomb sent to the sheriff. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. She thereafter requested the opportunity to offer a surrebuttal. . Farm accidents are as old as the wheel, but was this an accident? Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. We concur: Winds S at 20 to 30 mph. Paul Moore, a family friend of Ayala's, was found guilty of setting the explosive device that killed Ayala after he turned on an irrigation pump at a rice field at the Moore Brothers farm.. 107 5th Street, Colusa, CA 95932 "The bells of justice have finally rung for us," Ayala said. February 7, 2023 (78 years old) View obituary. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. The email address cannot be subscribed. Peter's best friend, Blane Martin, countered this narrative. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. And, of course, he was ostracized from the farm and estranged from his father. Chance of rain 100%. God [sic] luck. 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. The text of the letter was a photocopy of the original; it too contained printed label strips made with a label maker. Offer condolences/tributes, send flowers or create an online memorial for free. 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. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. 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. 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. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. He was able, however, to install electrical sprinkler systems. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) He said Paul Moore is the "sole inheritor of the Moore family fortune." Because the My Life document was highly probative, it is not surprising or improper that the prosecutor quoted it in the opening of his rebuttal argument. Moore was cuffed and booked at the Colusa County Jail at the age of 47. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. 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 because the explosion would be instantaneous, the victim would still be in contact with the electrical panel and would be electrocuted. 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. Roberto was Peter's nemesis, and it was Peter, not Paul, who stood to gain the most once he was removed. There were pieces of metal shrapnel in his chest, neck, and brain. Half of the amount will go to. The first responders believed Roberto's truck had been moved because the broken glass was located about 11 feet away and a piece of glass was in the rear tire tread. He acknowledges, as he must, that our task is to review the whole record in the light most favorable to the jury verdict to determine whether it discloses substantial evidenceevidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. Poyner said that after the verdict was announced, he called Peter Moore. He was responsible for regulating the water levels on the rice fields. Find Dr. Moore's phone number, address, hospital affiliations and more. Paul injured his back and had to give up construction. 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 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. Colusa, CA. 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. And Roberto Ayala, in particular, was the target of his wrath. I am military trained. He also testified that Paul had told him that Roberto had said he was only good for picking up trash and that Roberto would be receiving Peter's inheritance. Expert in Vietnam devices. He threatened to beat [his] dad's ass on multiple occasions. A defendant's writings have been admitted to prove motive over defense objection. Of Paul Moore, Poyner said, "the guy is evil. 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. "We've waited 25 months and. Low 41F. Paul concedes that the standard of review is an abuse of discretion, but he cautions us not to rely on the colorful descriptions and derisive boilerplates the Attorney General uses to describe abuse of discretion, including such catchphrases as a court abuses its discretion when the ruling is arbitrary, capricious, or patently absurd, resulting in a manifest miscarriage of justice. Rather, he insists the ultimate question is whether the court's ruling was unreasonable in light of the governing law and the facts presented. 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. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. He thought he was safe in the States. This envelope had a postmark from Colusa. [Citation. Even though Paul Moore was the "sole. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . Gene attended Colusa High School and . 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. 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. Roberto had worked for the Moore brothers for 19 years. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm.