IPeter or Paul: Substantial Evidence to Support the Verdict. 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. 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. The case is a classic whodunit. They seized this sheet but not the sheets of paper below it. He was born on August 14, 1948, to Leonard and Lona Beauchamp. 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. 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. During tomato harvest, he wrote, he drove the shitty tractor, but pussy Peter was allowed to drive the tractor with an air-conditioned cab because otherwise Peter was a prick to work with. Employees, including Roberto Ayala and Roberto's brother Eduardo, were given liberties he was not, such as drinking on the job, taking farm vehicles and equipment for personal use, and getting paid during the winter. Ruben Reynoso Sr., of Colusa, CA, passed away at his home on January 9, 2023. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). Cemetery Records. 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. 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. 3 Crim. They want the brother, but it is now driven by some young guy, or do they want the young guy? 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. NICHOLSON, J. Paul was eventually arrested for the murder of Roberto Ayala. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. I got name, age, vehicle description, plate number and location. Please try again. 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. 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. Paul was afforded a fair trial. 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. and plate number. She thereafter requested the opportunity to offer a surrebuttal. Lynette Marie Clark. 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. Eight stamps were attached for postage. Click to reveal This website is using a security service to protect itself from online attacks. 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. 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. "I feel like I've lost two sons in one time," Roger Moore said. 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 perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. ), 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. Becoming windy overnight. Peter testified he was going to physically beat up Roberto. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. And, of course, he was ostracized from the farm and estranged from his father. The wiretapping occurred in 1995 or 1996. hkruger@appealdemocrat.com. Dr. Svetlana Moore is a Family Medicine Doctor in Colusa, CA. 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. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. On October 3 investigators also found spikes down a private farm road. This information was not disclosed to the public. Offer condolences/tributes, send flowers or create an online memorial for free. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. The prosecution need not, as we know, prove motive. 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. Records published here were acquired from Colusa . Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Paul Moore was arrested five months after the explosion after a search warrant was executed at his home by the Colusa County Sherrif's Office assisted by the Bureau of Alcohol, Tobacco,. "My sister-in-law is friends with the family," he said. The prosecution called a litany of forensic experts connecting Paul to the sheet of paper with the indentations of the bomb diagram, the paper in the printer to the paper used in the diagram of the bomb, the ink in the copier to the ink used on the second letter and the diagram, the type of labels used in the letters and diagram to the type Paul used on his own files, and the fishing line found in his boat to the type of fishing line used in the bomb. 497, 508.) However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. Clearly, over the years he earned the trust and respect of Roger and Gus. Eduardo Ayala, who still works on the Moore Bros. farm where his brother was killed, said that on the first day of court, he heard bells ringing in the halls. Affirmed. "We've waited 25. There were no eyewitnesses, no confessions, no admissions, and no fingerprints or DNA evidence found on any of the parts of the explosive device found at the scene of the murder. (People v. Davis (2009) 46 Cal.4th 539, 606.) She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. Ayala was killed in an explosion in 2013. The next guy might not catch the error in info and the wrong person will die. 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. 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. Moore Brothers * Grimes, CA 95950: $1,366,301: 86: J & S Farms * Colusa, CA 95932: $1,338,492: 87: . While it might sound like a humble title, Roger is seemingly quite well off. Contact us. 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. A state appeals court this week upheld Paul Moore's murder conviction. 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. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. On that same day, Paul cast aspersions on Peter. He took on additional responsibilities as his back healed, and by July 2011 Roger had decided to bring on Paul as a 50 percent partner of his half of the farm operation. Paul is Roger's son. Do I think Peter (Paul's cousin) did this? According to Case Law, Paul Moore regarded the Ayala brothers with animosity and said of Roberto, Those son-of-a-b******, they are trying to take over my life. 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. Stay up-to-date with how the law affects your life. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. Peter was more vocal, but Paul built the bomb that killed him. This was my first and final job. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. The bomb exploded, injuring Paul and his friend. Becoming windy late. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. The letter stated: Ayala was actually warned what would happen if he screwed with these people. 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. 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. The money is good. Robert John Vierra. The target is brother of target one and drives Chevy. Chance of rain 100%. 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. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. By Harold Kruger 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. I am over this life. Paul was afforded a fair trial, the appeals court said at the time. C075231 (Super. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. 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. He assumed Peter was trying to get him fired. I would decline anyway because I saw target two with his girls and that I can't deal with. Paul and his young friend were burned in the explosion they caused, but their injuries paled by comparison to the injuries suffered by Roberto when the bomb he activated set him on fire and electrocuted him. 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. Simply put, the jury concluded beyond a reasonable doubt that based on this evidence, Paul was guilty of first degree murder. He was a boxer in high school. 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. Low 41F. Colusa County District Attorney John Poyner announced early on he would not seek the death penalty. On December 6 of 2011, agents searched Paul Moores home and found evidence linking him to the crime. Powered by WordPress.com VIP. By July 2011 Paul had been reintegrated into the farm and had been promised a partnership with his father. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Paul Moore was found guilty on Friday of first-degree murder of Moore Bros. farm foreman Roberto Ayala in Colusa County after the jury deliberated for about five hours. February 3, 2023 (75 years old) View obituary. There were pieces of metal shrapnel in his chest, neck, and brain. He was able, however, to install electrical sprinkler systems. Peter had his stomach removed and lost almost 50 pounds. He dropped his clippings from his landscape business 40 yards from the pump. Paul told the investigators that Peter had been around the explosion site one day before the explosion. Installing a device inside such a panel is a highly dangerous activity. ADVICE: Are North Americans wimps when it comes to pain tolerance? According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. And he drove his ATV over the field with his friend Blane Martin on a regular basis. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) Unconfirmed reports suggest that Fabian is studying at a high school in Arbuckle. This envelope had a postmark from Colusa. Your IP: (People v. Kipp (1998) 18 Cal.4th 349, 369. Peter's best friend, Blane Martin, countered this narrative. After a career of killing, I want to save a life before I take my life. He did not like Roger and Roger did not like him. Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. 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. I received info and instructions via USPS. Paul injured his back and had to give up construction. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. 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. Neither cousin was happy with his place within the family hierarchy. Peter threatened both his uncle and his father. He faces life in prison without parole They asked for the testimony of only one witness to be reread to them. 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. Whether wiretapping is relatively simple or exceedingly complex, it takes a certain degree of knowledge to tap into someone's phone line. Are you concerned about the rising tensions with North Korea? Information is scarce, especially since Moore does not seem to have any social media presence. The boy witnessed the explosion that killed his father. 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. "The bells of justice have finally rung for us," Ayala said. 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. 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. 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.
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