California v. Moore :: 2016 :: California Courts of Appeal Decisions Peter testified he was not a trained welder, he was not talented when it came to anything mechanical, and the only electrical work he performed was the simple wiring of electrical sprinkler systems. A state appeals court this week upheld Paul Moore's murder conviction. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. 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. You have permission to edit this article. 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. 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. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . 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. In his view, the admission of such prejudicial evidence rendered the state proceedings fundamentally unfair and violated his right to a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. They want the brother, but it is now driven by some young guy, or do they want the young guy? Chance of rain 100%. Location and meter number for panel. 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. Becoming windy overnight. 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 was cuffed and booked at the Colusa County Jail at the age of 47. They will find him. 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. Moore is the owner of the Moore Brothers Farm. 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. I am over this life. 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. Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. There were talks of Moore being reappointed to supervise the Sacramento River Fire Protection District, from November 16, 2019, to November 15, 2023. 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. And that primer is causing an immediate flash into the cavity of that pipe assembly, the pipe bomb itself, and initiates the explosive charge. 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. Paul told the investigators that Peter had been around the explosion site one day before the explosion. According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. The money, which is expected to grow to $26,571, will help fund the son's college education, Gingery said. In his trial, he received a guilty verdict and was sentenced to life in prison without the possibility of parole. A Sustainable Legacy Founded over 90 years ago, at Moore Farms we vow to apply our family farming experience toward growing the finest produce for you, the customer and consumer. 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. 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. Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. 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. ), Admission of character evidence, however, is subject to special rules. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. Man Convicted Of Killing Farmworker Using Explosive Device Connected To 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. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. All of these considerations could factor into the trial court's delicate weighing process. 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. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. (a). Evidence Code section 352 provides the framework: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. In other words, the trial court is accorded considerable discretion to carefully balance the competing interests in admitting probative evidence and in excluding evidence that unfairly prejudices a defendant, and an appellate court will overturn the exercise of discretion only when the trial court's assessment appears to exceed the bounds of reason. The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. I finally found the Ford, and now it is driven by some young guy, not the brother. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. This website is using a security service to protect itself from online attacks. On August 17 Paul went to the police station voluntarily. The forensic testimony provided the most compelling evidence against Paul. Sorry, there are no recent results for popular commented articles. Believe me and have time to do something to help these guys.. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. The investigators placed a GPS (global positioning system) device on his truck, devices that often malfunction. Chance of rain 100%. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. The settlement also included about $44,800 in worker's compensation payments. "My sister-in-law is friends with the family," he said. We agree. 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. Higher wind gusts possible.. Therefore, the evidence shows a knowledge of, and experience with, electric devices under [Evidence Code section] 1101[, subdivision] (b) and should be admitted., Paul emphasizes that his ex-father-in-law offered the only evidence about the wiretapping and his testimony was simply that Paul put some kind of a recorder or a similar device underneath her modular home where he could, from time to time, monitor what the conversations were. Paul argues, therefore, there is no evidence that installing a wiretapping device demonstrated any particular knowledge about electrical circuitry or working with complex electrical devices. 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. Colusa Cemetery District grounds was established as a cemetery in 1873. While Moores exact net worth as of 2020 is unknown, he must be worth millions. 3 Crim. And while it may be doubtful that Paul killed the farm's foreman to accelerate his own position given that his father had already decided to partner with him, he certainly felt aggrieved and humiliated that he had been denied the opportunity to become the foreman when he graduated from high school and that, throughout his life, those employees like Roberto Ayala who were not part of the Moore family were valued more and treated better than either Peter or Paul. No fingerprints were found on the two letters, and one of the envelopes contained the fingerprints of an unknown person. I will come peacefully or detonate all the devices.. Higher wind gusts possible. The trial court agreed with the prosecutor's position that the defense argument put in issue virtually all evidence that tended to show Paul's motive, technical skills, and past related actions and opened the door to fair comment on any and all evidence tending to link him to the crime. Stay up-to-date with how the law affects your life. 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. He was a boxer in high school. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. The wiretapping occurred in 1995 or 1996. CR53504) (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Paul therefore argued that he had no motive to kill Roberto, whereas Peter did. Half of the amount will go to. Roberto Ayala was killed by a victim-triggered bomb when he. December: On December 6 Paul's house was searched. The settlement also included about $44,800 in worker's compensation payments. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. It's a very rapid event. In sum, there is 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. We disagree. 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. Previously driven by target one. 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. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. 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. All rights reserved. Having reviewed the evidence offered by the prosecution, we now turn to the evidence presented by the defense that Peter, not Paul, planted the bomb that killed Roberto Ayala, for he too appeared to disdain the man, he too had the opportunity and familiarity with the irrigation pump, he too had access to the area in which the bomb was planted, and he too had incriminating evidence on his computer hard drive. God [sic] luck. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. hkruger@appealdemocrat.com. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. Roberto had worked for the Moore brothers for 19 years. Peter was more vocal, but Paul built the bomb that killed him. 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.' November: By November the investigation had targeted Paul. We agree with the trial court that the document was therefore relevant to prove motive. 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. 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. He needs to be careful. Most significantly, they shared their animosity toward Roberto Ayala. . Winds S at 20 to 30 mph. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. Three days later, they received another letter containing a diagram of the device. 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. He did not like Roger and Roger did not like him. Paul Moore is currently serving life in prison without the possibility of parole. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. The bomb exploded, injuring Paul and his friend. Ct. No. The outside square of the diagram is the electrical box that we've described.. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. 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. 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. He had not been allowed to work on the farm for over 21 years. David Moore (Larry), 78 - Grimes, CA Public Reputation Profile at FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (People v. Kipp (1998) 18 Cal.4th 349, 369. The two felt Roberto received more respect than them. As an adult, he became a football coach but was fired for his aggressiveness toward a student. The target is brother of target one and drives Chevy. Neither cousin was happy with his place within the family hierarchy. Second, Paul claims the substance of the rebuttal argument constitutes prosecutorial misconduct. We find no merit in Paul's objection to the admissibility of his own life story. The prosecution need not, as we know, prove motive. Poyner said that after the verdict was announced, he called Peter Moore. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. 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. While there is no evidence that he actually had been disinherited, Peter believed he had and that Roberto would be the recipient of his share of the farm. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. Diane Nichols, under appointment by . [Citation. The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. Roger is Pauls father. He assumed Peter was trying to get him fired. Colusa Obituaries - Latest Obituaries in Colusa, CA - Echovita (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. 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. She thereafter requested the opportunity to offer a surrebuttal. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. Peter's best friend, Blane Martin, countered this narrative. 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. Farm accidents are as old as the wheel, but was this an accident? Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. Paul Moore, Roberto Ayala's Killer, Was Sentenced to Life in Prison Eight fingerprints and the left palm print lifted from the indented sheet of paper matched Paul's. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. 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. . 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. 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. Becoming windy late. Sorry, there are no recent results for popular images. On that same day, Paul cast aspersions on Peter. January 28, 2023 (85 years old) View obituary. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) 107 5th St, Colusa, CA. Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. Roberto was not an impediment to his ambitions. Peter had his stomach removed and lost almost 50 pounds. Rainfall around a quarter of an inch. Prosecution experts did not find any evidence of value on Peter's devices. People v. Moore | Law.com 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. 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. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. Name, age, vehicle I.D. 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 money is good. 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. Most significantly, Peter broadcast his contempt for Roberto. Thus it was relevant and probative of his knowledge of creating explosions. Peter texted, When [Roberto's] wing is better, he's all mine. Peter testified that when he wrote the message he was planning to beat up Roberto. The boy had to run two miles to get help. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. 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. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. 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. The wiretapping incident indicates knowledge of electrical circuits, as well as the ability to alter and manipulate said circuits while maintaining personal safety. They gave me two months 4 this job. Where is Fabian Ayala Today? - The Cinemaholic Another expert will do this job. He ran to help him, but his father was unresponsive. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 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. Low 41F. The action you just performed triggered the security solution. Low 41F. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). We agree with the trial court. ADVICE: Are North Americans wimps when it comes to pain tolerance? We conclude the risk was very low. They had a warrant and wanted to find more evidence that would tie Moore to Ayala's murder. Paul Moore convicted in Colusa bombing death - Appeal-Democrat Unfortunately, Arlan passed away, leaving Roger to handle the affairs. As they were driving, they noticed Paul's truck behind them. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. 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. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. The indented sheet had his fingerprints all over it, the paper matched paper from his house, the ink matched ink in the printer from his house, the labels matched his labels, and the fishing line attached to the bolt matched fishing line from his boat. I am military trained. We must accept its determination. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. By Harold Kruger The delivery and return addresses were printed label strips made with a label maker. There is no direct evidence that Peter knew Roberto's precise work schedule or routine, but a jury could reasonably infer that he understood that a foreman's responsibility included adjusting the water levels on the rice fields. Paul, through his own words, told that story from his perspective, and his perspective provided the jury invaluable insight into his motive for committing such an atrocious act.
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