On July 16, 2011, he was killed in front of his son. We have found no error at all, and therefore there are no errors to accumulate. The prosecution need not, as we know, prove motive. Becoming windy late. 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. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. 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. Higher wind gusts possible.. His trial lawyer provided excellent representation and advocacy. Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. He ran to help him, but his father was unresponsive. Of Paul Moore, Poyner said, "the guy is evil. Im going to get that F*****.. Many years before the explosion, he set up two duck blinds in a field on the farm. Both suffered physically. Although the trial was lengthy, they took less than a day to deliberate. Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. He has endangered others in his family. 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. NICHOLSON, J. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. 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. 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. They seized this sheet but not the sheets of paper below it. ROGER HICKEL OBITUARY. We agree with the trial court that the document was therefore relevant to prove motive. 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. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. 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. On top of that, Roger surely had the resources to ensure everyone was looked after. (People v. Morris (1988) 46 Cal.3d 1, 21.). "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. 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. Since I will not take this job, it will soon be reassigned. And, as with the admissibility of the wiretap evidence, the argument is simply a diminution of the probative value suggested by the prosecution; it is not that the evidence bore no probative value, just that it was substantially outweighed by the risk of prejudice. He is also survived by his brother, Roger Moore. A defendant's writings have been admitted to prove motive over defense objection. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. I am over this life. Roberto Ayala was killed by a victim-triggered bomb when he. He will rather seek life in prison without parole for Paul Moore. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. A Sacramento County jury found him guilty on Aug. 23. He could not retrieve his father's cell phone because his father was on fire. Cloudflare Ray ID: 7a2e78bba8bccfb8 But Peter's situation was far different. 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 case is a classic whodunit. We have outlined the chronology of the investigation and how it produced evidence that Paul was quick to alert the investigators to evidence suggesting that Peter bore Roberto ill will, that Peter had threatened Roberto, that Peter had been at the scene of the explosion the day before it happened, and that it was an explosion, not an accident. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. Sorry, there are no recent results for popular commented articles. "The bells of justice have finally rung for us," Ayala said. Rainfall near a quarter of an inch. On August 18 Paul brought in another fragment he thought was suspicious and indicative of a bomb going off. Paul was afforded a fair trial. Trig two, drop weight activated upon door opening. After a career of killing, I want to save a life before I take my life. July 18: Two days after Roberto Ayala's death, Paul delivered to investigators a piece of metal he found in a canal near the explosion. Published: Jun 17, 2016 Total records: 5,262. 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. 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.' 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. "(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. If u come 4 me, call first. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. Roberto was not an impediment to his ambitions. Trig one, vibration activated. 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. We are not at liberty to reweigh evidence or revisit credibility issues. Eduardo Ayala testified that he knew Peter characterized him and his coworkers as a lazy group of drug addicts and alcoholics who would ruin the Moore brothers' agricultural business. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. And, of course, he was ostracized from the farm and estranged from his father. Like the first letter, the text of the second was made with a label maker and photocopied. Contact us. 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. 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.. (People v. Kipp (1998) 18 Cal.4th 349, 369. 13.56.206.54 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. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) 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. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . 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. Gunner believed his dad could repair just about anything and could make something out of nothing. One of Paul's favorite hobbies, according to Gunner, was assembling and flying radio-controlled airplanes. (CALCRIM No. Another expert will do this job. Even though Paul Moore was the "sole. 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 family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said last Wednesday. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . This envelope had a postmark from Colusa. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. Please try again. Performance & security by Cloudflare. 107 5th St, Colusa, CA. The attorney said he didn't take a fee to represent the Ayalas. 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. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. The money is good. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. He was born January 23, 1935, in Turner . Simply put, the jury concluded beyond a reasonable doubt that based on this evidence, Paul was guilty of first degree murder. He ran for about two miles to get help. We must accept its determination. 2023 Cinemaholic Inc. All rights reserved. ARLAN MOORE OBITUARY . Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. He threatened to beat [his] dad's ass on multiple occasions. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. Colusa, CA. 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. There was no direct evidence of who designed, constructed, or placed the explosive device. 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. The settlement also included about $44,800 in worker's compensation payments. and plate number. 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. 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. They want the brother, but it is now driven by some young guy, or do they want the young guy? We conclude the risk was very low. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. His body was still burning when the firefighters arrived. Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. 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. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) And Roberto Ayala, in particular, was the target of his wrath. Based on Peter's violent disposition and the threats he leveled at Roberto, among others, the rat trap YouTube video found on his computer, his basic understanding of electrical devices sufficient to enable him to install electric sprinkler systems, his familiarity with the field and with Roberto's responsibilities, his opportunity to plant the bomb, and his compelling motive to remove him from the farm, Paul argued that Peter planted the bomb that Roberto activated when he opened the electrical box to adjust the water levels on the rice field. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. McNary-Moore Funeral Service in Colusa, CA. 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. ADVICE: Are North Americans wimps when it comes to pain tolerance? He had been angry and upset with the Moore family since he was 12 years old. I have nothing to say to that man, other than bye-bye.". January 28, 2023 (85 years old) View obituary. Are you concerned about the rising tensions with North Korea? The target is brother of target one and drives Chevy. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. Rogers exact whereabouts as of 2020 remain unknown. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. 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. 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. Target two knows the Mexico connection and that is the reason 4 relocating n will not help target two. Later, as a father, Paul taught Gunner how to hard-wire electronics to his car battery so he would not have to use the cigarette lighter to power the electronics in his car. 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. This information was not disclosed to the public. During the civil lawsuit, it came to light that the Moore brothers receive millions in government agricultural subsidies. And it is particularly challenging because, as Paul argues on appeal, there are no witnesses, no fingerprints on any of the bomb parts, no DNA, no confessions, and no admissions But it is the jurys prerogative, not ours, to weigh the evidence., They also stated that there was an abundance of circumstantial evidence that either Peter or Paul, or perhaps Peter and Paul together, built and planted the bomb that killed Roberto Ayala.. 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 was improper in Paul's estimation because the wiretapping evidence was admissible solely to prove his technical knowledge, yet the prosecutor transformed it into improper character evidence. "We've waited 25. Paul was eventually arrested for the murder of Roberto Ayala. Affirmed. ADVICE: Are North Americans wimps when it comes to pain tolerance? READ NEXT: Susan Susie Caseys Murder: 5 Fast Facts You Need to Know, Paul Moore, Roberto Ayalas Convicted Killer, is Serving Life in Prison, Please review our privacy policy here: https://heavy.com/privacy-policy/, Copyright 2023 Heavy, Inc. All rights reserved. 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. The investigators took possession of three computers and three cellular telephones. Paul insists the limiting instruction could not cure the prejudice. (b).) All of these considerations could factor into the trial court's delicate weighing process. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. Rainfall around a quarter of an inch. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. We know that his farm has rice fields and walnut orchards. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. Moore was cuffed and booked at the Colusa County Jail at the age of 47. IPeter or Paul: Substantial Evidence to Support the Verdict. 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. 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. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. The settlement also included about $44,800 in worker's compensation payments. In denying Paul's motion for a new trial on this ground, the trial court stated that the prosecutor's offhand and brief comment could not be fairly construed as arguing character. Code, 1101, subd. Peter had difficulty with reading comprehension. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. Thus it was relevant and probative of his knowledge of creating explosions. The writing is comprised in a similar fashion as the letters themselves. Peter was intimately familiar with the field where Roberto was blown up. Diane Nichols, under appointment by . 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. 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. "I feel like I've lost two sons in one time," Roger Moore said. Gus was . November: By November the investigation had targeted Paul. 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. 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. According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. This website is using a security service to protect itself from online attacks. Roger Moore was believed to be worth 80 million when he died in May 2017 The 007 actor had 30m in property including a luxury Monaco apartment His fourth wife Kristina, 77, was placed into . 3 Crim. 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. On November 24 they noticed the device was not working and they went to Paul's house to investigate. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. 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.. The next guy might not catch the error in info and the wrong person will die. Clearly, they both had hoped to assume managerial positions on the farm. The vehicle, a 2006 Ford F-250, will be sold, he said. 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. The focus again, therefore, is not on just how probative the evidence was, but rather on how grave the risk of prejudice admission of the old incident presented. [Citation. Gus stood ready to arrest him for trespassing if he was found on the premises. He thereafter refused to come back for any additional interviews. 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. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. While Moores exact net worth as of 2020 is unknown, he must be worth millions. Peter had his stomach removed and lost almost 50 pounds. 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? 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. 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 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. The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. Cemetery Records. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. Titled Family Business, the episode shows how the murder took place against the backdrop of the Moore family saga. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. Tucker reported the incident to the sheriff and to Roger. 107 5th Street, Colusa, CA 95932 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.
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