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. Motive is one of the elements the defense argued most vehemently. The evidence is all circumstantial. Moore was cuffed and booked at the Colusa County Jail at the age of 47. On that same day, Paul cast aspersions on Peter. In describing his life, he pondered what he had done to be treated so poorly by his own family. I am over this life. 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. Bomb Maker Convicted of Murder - LegiStorm As soon as that door starts to open, that washer is free. In Paul's view, it was Peter who had lost the most and had the most to gain by Roberto's demise. He explained that he had posted a message entitled Horrible Tragedy on a sports gambling Web site wherein he described the death of Roberto Ayala. 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 will find him. Roberto Ayala's Murder: 5 Fast Facts You Need to Know Winds S at 20 to 30 mph. People v. Moore | Law.com 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 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. An explosive enforcement officer testified that booby trap devices are victim-operated. He explained that just above the pipe bomb was a mouse-trap assembly that was used as a trigger. And second, we will test the substantiality of that evidence in light of the entire record, that is to say, in light of the compelling circumstantial evidence that Peter, not Paul, blew up Roberto Ayala. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. They seized this sheet but not the sheets of paper below it. [] [], The bale strikes the nail, and the nail strikes the primer, and this is all happening immediately. We disagree. Winds S at 20 to 30 mph. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. The settlement also included about $44,800 in worker's compensation payments. Paul objects to the prosecutor's use of a DNA analogy. "I feel like I've lost two sons in one time," Roger Moore said. Ct. No. 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. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) 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. The delivery and return addresses were printed label strips made with a label maker. The case is a classic whodunit. Rain. He faces life in prison without parole 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. [Citation. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. Low 41F. The defense argued that Peter had been present at the scene of the explosion. 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. December: On December 6 Paul's house was searched. ), 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. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. 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. According to CBS Sacramento, the Sheriffs Office received a letter on August 12, 2011 claiming responsibility for detonating the bomb. Whoever is driving that white F-250 is in great danger. 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. Dr. Svetlana Moore, MD | Colusa, CA | Family Medicine Doctor | US News The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. 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. The day before the bombing, Peter wrote that an old friend, Bea, had told him she hated his father and [s]o I think the world of Bea.. (People v. Vereneseneckockockhoff (1900) 129 Cal. Sorry, there are no recent results for popular commented articles. . 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.. Recipients of payments . His body was still burning when the firefighters arrived. Becoming windy late. Dateline on NBC sheds light on the horrific murder of Roberto Ayala. His son heard a loud explosion and saw his father on fire. The money is good. The bomb is set off.. Paul Moore convicted in Colusa bombing death - Appeal-Democrat But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. IPeter or Paul: Substantial Evidence to Support the Verdict. On July 16, 2011, he was killed in front of his son. Where is Paul Moore Today? - The Cinemaholic We accept for purposes of this issue the trial court's characterization of the defense closing argument. The attorney said he didn't take a fee to represent the Ayalas. And, of course, he was ostracized from the farm and estranged from his father. 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. 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. 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. and plate number. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. Again, the limited scope of appellate review presents an insurmountable obstacle. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. Another expert will do this job. 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. In the explosive expert's opinion, the evidence collected from the scene of the explosion was consistent with the diagram of the bomb, including a bolt with the piece of fishing line, pieces of a sprayed-black plastic bottle, plastic wrap, and washers and bolts that might have been part of the bomb. There is no question, however, that the evidence was remote in time. Nor do we find the prosecutor's equally innocuous statement that there is no such thing as a prosecution witness another example of prosecutorial error. 107 5th Street, Colusa, CA 95932 ), Admission of character evidence, however, is subject to special rules. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. At the same time, their sons, Peter and Paul, respectively, hated Ayala. Most of the indented impressions found on the sheet of paper matched the lines in the bomb diagram. This is the second warning letter I have sent u. I wanted to make sure u get [sic]. 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. She thereafter requested the opportunity to offer a surrebuttal. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. It's leveraged in between there. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. A friend read about his fingerprints on the indented sheet in a local newspaper and asked him about it when he called Paul in jail. Paul Moore is currently serving life in prison without the possibility of parole. The forensic evidence, including the indented sheet of paper with Paul's fingerprints on it, the ink and paper from his printer matching the ink and paper mailed to the sheriff, the matching fishing lines, and the presence in the farm shop of many of the materials needed to make the bomb, constitutes substantial evidence to support the inference the jury made that it was Paul who wrote the letters to the sheriff, and it was therefore Paul who planted the bomb that blew up Roberto Ayala, just as he had planned. God [sic] luck. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. The wiretapping occurred in 1995 or 1996. The forensic testimony provided the most compelling evidence against Paul. 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. He ran to help him, but his father was unresponsive. Installing a device inside such a panel is a highly dangerous activity. He lived with his parents and. Ayala was killed in an explosion in 2013. (People v. Morris (1988) 46 Cal.3d 1, 21.). While it might sound like a humble title, Roger is seemingly quite well off. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. The bomb exploded, injuring Paul and his friend. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Affirmed. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. Gus stood ready to arrest him for trespassing if he was found on the premises. 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.' PDF 16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE - California ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) Gus was . 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. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Chance of rain 100%. Rainfall around a quarter of an inch. For the first time at trial, however, he testified he got into the truck and tried to drive it. Since I will not take this job, it will soon be reassigned. Peter told Ruiz and Conedy-Ruiz he did not like Roberto, he was practicing karate to prepare him to fight Roberto, and he referred to Roberto as a son of a bitch. In either June or July of 2012 Peter told Ruiz and his wife to forget everything he had told them a year earlier. Even though Paul Moore was the "sole. Paul Roger Moore was found guilty - Colusa Sun-Herald | Facebook Name, age, vehicle I.D. 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. Titled Family Business, the episode shows how the murder took place against the backdrop of the Moore family saga. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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.. 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. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. He remained so bitter toward his father he begged his grandmother to disinherit him. 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. Peter was intimately familiar with the field where Roberto was blown up. Burial service, Funeral service, Memorial service, Cremation, Special service for veterans, Pre-arrangements, Grief support, Caskets & Vaults & Urns and more products . 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. . February 3, 2023 (75 years old) View obituary. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. The investigators did not desire to have personal contact with Paul at the time, so when he saw them driving by his house, the investigators drove away from the area. 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. Paul injured his back and had to give up construction. Records published here were acquired from Colusa . 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. The prosecution need not, as we know, prove motive. Search by Name, Phone, Address, or Email. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. 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. Powered by WordPress.com VIP. Who is Roger Moore? Where is Paul's Father Now? Roger Moore's Net Worth Roberto Ayala had worked for the Moore brothers for 19 years, and brothers Paul and Peter Moore reportedly shared animosity toward Ayala. Similarly, when Roberto and Paul disagreed about a design for a mud chisel, Roberto's idea garnered Roger's blessing. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. We agree with the trial court that the document was therefore relevant to prove motive. Roger made two police reports based on Peter's threats to physically assault him. 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. . On top of that, Roger surely had the resources to ensure everyone was looked after. All of these considerations could factor into the trial court's delicate weighing process. 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 also noted that the second letter, bomb diagram, and indented sheet of paper had comparable levels of sodium, sulfur, and chlorine. Paul was afforded a fair trial. Peter's best friend, Blane Martin, countered this narrative. Ultimately, the Ayala family was awarded $20 million. He was born on August 14, 1948, to Leonard and Lona Beauchamp. According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. 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. November: By November the investigation had targeted Paul. Paul was free to argue that the document itself proved he had no intention of harming Roberto because, even in his most private moments, he did not threaten him. Three days later, they received another letter containing a diagram of the device. "(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. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. Tucker reported the incident to the sheriff and to Roger. Paul Roger Moore was found guilty today of murdering Roberto Ayala. Periods of rain. 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.' We concur with the trial court's analysis that [t]his comment can, in the context of a case where the prosecution presented dozens of witnesses over several weeks, only fairly be understood as a comment that witnesses can be called by either side. 3 Crim. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. 13.56.206.54 Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. As an example, he referred to DNA experts who do not say something is a positive match or is definitely someone's DNA but who give possibilities larger than the number of people who ever lived on earth. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. According to Paul, something had been placed at the pump to cause the explosion. 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. On October 3 investigators also found spikes down a private farm road. 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. 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. According to Gingery, the Moores receive millions in agricultural subsidies annually. I got name, age, vehicle description, plate number and location. Im going to get that F*****.. Roger, along with his brother, Arlan, used to own Moore Brothers Farm in Colusa, California. Winds S at 20 to 30 mph. 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 evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. 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. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. Express your opinion! He also threatened his Uncle Roger, despite the fact he believed Roger would be more fair to him than his father. 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. Powered by. I am sure MS-13 will figure out I tipped authorities and will soon come for me. EWG Farm Subsidy Database || Farm subsidies in Colusa County, California C075231. This was my first and final job. The prosecutor characterized Paul's wiretapping of his ex-wife as creepy and really unusual, and stated he taunted his ex-wife's parents by telling them about the wiretapping. Ayala worked at the Moore Brothers Farm, where he was trusted by brothers Arlan and Roger. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Sorry, there are no recent results for popular videos. Whoever is driving the Ford is very much in danger. Peter testified that two months before the explosion, his father told Roberto that if Peter came on the farm, Roberto should have him arrested for trespassing. We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. (Evid. There were disagreements where Roger took Roberto's advice over that of his son or nephew. There were pieces of metal shrapnel in his chest, neck, and brain. Paul Moore murder conviction upheld | Colusa Sun Herald | appeal Offer condolences/tributes, send flowers or create an online memorial for free. Whether or not there is some authority to support the questionable proposition that a prosecutor's rebuttal is limited by the scope of the facts and evidence argued in the defendant's closing argument, the prosecutor did not introduce evidence outside the record or float a completely new theory of guilt. Rain. A document examiner expert testified at trial that the paper used in the second letter sent to the sheriff, the diagram, and the indented paper were chemically indistinguishable. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. 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. Defendant insists there is no substantial evidence that he murdered Roberto Ayala, and the weak circumstantial evidence of his guilt is insufficient to sustain the verdict in the context of the more compelling evidence that his cousin Peter was the perpetrator. 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. Neither cousin was happy with his place within the family hierarchy. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. Fill out this form to submit a Letter to the Editor. The investigators took possession of three computers and three cellular telephones. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) The bolts were just like the bolt discovered at the scene of the explosion. Civil Suit in California Farm Murder | Courthouse News Service He said Paul Moore is the "sole inheritor of the Moore family fortune." Paul Moore is the son of Roger Moore, who co-owns the 1,800 acre family farm with his brother, Gus Moore. In addition, he had a violent disposition and leveled threats to harm not only Roberto, but his father, his uncle, and many others who upset him. We cannot say the trial court abused its discretion by admitting evidence of a pattern of fascination and aptitude with building things, some requiring electrical aptitude and some that did not. BLEASE, J. ADVICE: Are North Americans wimps when it comes to pain tolerance? 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. Prosecution experts did not find any evidence of value on Peter's devices. 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. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. A state appeals court this week upheld Paul Moore's murder conviction. 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. 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. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. 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. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. Performance & security by Cloudflare. 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. 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. I have nothing to say to that man, other than bye-bye.". Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. Obituaries from McNary-Moore Funeral Service in Colusa, California. He could not retrieve his father's cell phone because his father was on fire. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. Your IP: And he drove his ATV over the field with his friend Blane Martin on a regular basis.