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. Furthermore, the trial brought to light that Rogers enterprise had several vehicles and machinery, which employees like Roberto were allowed to take for personal use. 107 5th Street, Colusa, CA 95932 So, heres everything you need to know about Roger Moore. Do I think Peter (Paul's cousin) did this? I finally found the Ford, and now it is driven by some young guy, not the brother. Name, age, vehicle I.D. 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. Paul formulates two attacks arising from the prosecutor's final argument in rebuttal. Sorry, there are no recent results for popular images. After a career of killing, I want to save a life before I take my life. Paul is Roger's son. He lived with his parents and. Sorry, there are no recent results for popular videos. Peter testified it had been 20 days since he had been at the location where the bomb had gone off. There were pieces of metal shrapnel in his chest, neck, and brain. We have found no error at all, and therefore there are no errors to accumulate. In addition, Gingery said, Moore Brothers signed over to the Ayala family the pickup Roberto was driving on the day he was killed. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. Chance of rain 100%. 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. She contended it was too remote to be sufficiently probative and too prejudicial to be admitted. I'm going to get that F'er. Peter testified that Paul was severely depressed and he was afraid he was suicidal. 3 Crim. He was a boxer in high school. 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. 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. Although the trial was lengthy, they took less than a day to deliberate. This envelope had a postmark from Colusa. The jurors had the opportunity to observe Paul throughout the trial and to assess Peter's credibility throughout his lengthy direct and cross-examinations. A trace evidence examiner testified that the chemical composition of the fishing line found in Paul's boat was indistinguishable from the fishing line wrapped around a bolt found at the scene of the explosion. 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. (CALCRIM No. A state appeals court this week upheld Paul Moore's murder conviction. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Trig two, drop weight activated upon door opening. He was fired as the director of a duck club because he offended some of the members. God [sic] luck. We find no merit in Paul's objection to the admissibility of his own life story. Roger encouraged Roberto to seek a restraining order against Peter, but Roberto declined. Peter loved to shoot ducks. Who is Roger Moore? Where is Paul's Father Now? Roger Moore's Net Worth Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. 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. Whoever is driving that white F-250 is in great danger. But in a document entitled My Life that he stored on his computer, Paul complained bitterly about his life growing up on the farm. My Life: Paul maintains that the trial court abused its discretion by admitting the prosecution's evidence of a document extracted from Paul's computer entitled My Life because its probative value was outweighed by undue prejudice within the meaning of Evidence Code section 352. In 2013, Paul Moore, 53, was convicted of killing Ayala (first-degree murder on circumstantial evidence). Moore Farms / White Wolf Potato Co. | Moore Farms My house and property are protected, larger devices. 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. Chance of rain 100%. By July 2011 Paul had been reintegrated into the farm and had been promised a partnership with his father. We will not repeat what we have already said about the prosecutor's references to either the wiretapping or the My Life document but will examine Paul's other allegations of prosecutorial error. The actual printing on the diagram looks like somebody printed it on a label maker, affixed it to the paper and then ran it through a photocopier. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. Roberto Ayala was killed by a victim-triggered bomb when he. Paul told the investigators that Peter had been around the explosion site one day before the explosion. He also testified that Paul and a friend created an acetylene bomb by combining acetylene gas and oxygen in a balloon. Cemetery Records. 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. Kipp (1998) 18 Cal.4th 349, 369. The outside square of the diagram is the electrical box that we've described.. The fact that the document described the history of the family only added to its probative value. Roberto had worked for the Moore brothers for 19 years. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. . The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. 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. It is true that the prosecution did not elicit testimony from the ex-father-in-law or from anyone else about what electrical knowledge was necessary to wiretap a telephone. 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. Gingery said the $20 million judgment cannot be discharged in Bankruptcy Court and can be periodically renewed. Paul states repeatedly that he did not threaten Roberto Ayala in the entire document as if the document were irrelevant simply because he did not threaten to physically assault him. Lab results will be military-grade powder, black spray-painted epoxy, no DNA. Having heard how Roberto Ayala had been burned and blown up, the evidence of a simple wiretap would not have so outraged or incited the jurors as to put them at risk of wrongfully convicting Paul because of this prior act. On tonight's episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayala's murder case. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. The money is good. 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. 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. Peter had his stomach removed and lost almost 50 pounds. Learn more about FindLaws newsletters, including our terms of use and privacy policy. They want the brother, but it is now driven by some young guy, or do they want the young guy? He assumed Peter was trying to get him fired. Farm accidents are as old as the wheel, but was this an accident? 3 Crim. A bomb-sniffing dog did not alert on anything explosive in the house, garage, or truck. The evidence demonstrates that Paul had, on at least one occasion, experimented with explosive substances. In The Court of Appeal of the State of California. The police officers confiscated a laptop computer, a combined printer-copier, a partial roll of stamps similar to those used on the second letter sent to the sheriff, an unopened label maker, file folders that had been marked with labels created with a label maker, and manila envelopes similar to the one used for the first letter. A defendant's writings have been admitted to prove motive over defense objection. 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. 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. Paul therefore argued that he had no motive to kill Roberto, whereas Peter did. 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. Paul Wynn Jan. 12, 2023. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) On July 17 Roger gave the investigators two voice mail messages he had received from Peter. Peter insists that on his deathbed his grandfather expressed his desire for Peter to farm the walnut orchards. and plate number. The attorney said he didn't take a fee to represent the Ayalas. Peter was more vocal, but Paul built the bomb that killed him. He noted that in a stack of paper, indentations can appear five pages down. 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. Elena Paul & Kurt Richter Jv * Colusa, CA 95932: $1,211,092 * USDA data are not "transparent" for many payments made to recipients through most cooperatives. He was responsible for regulating the water levels on the rice fields. Rainfall around a quarter of an inch. Ct. No. The next day, the investigators at the Colusa County Sheriff's Department received a letter with a postmark from Sacramento that they learned was processed by the postal service in West Sacramento. Where is Paul Moore Today? - The Cinemaholic The email address cannot be subscribed. 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. The essence of Paul's argument is that the wiretap had minimal probative value because of the lack of evidence as to the quantum of knowledge necessary to build the bomb that killed Roberto. The wiretapping occurred in 1995 or 1996. Colusa, CA. January 28, 2023 (85 years old) View obituary. Moore was convicted of killing Roberto Ayala. He claimed Roberto was a good person but admitted he became upset when he saw Roberto drinking and driving on the farm. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. 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. Corning Observer Obituaries - Legacy.com He remained so bitter toward his father he begged his grandmother to disinherit him. How Was Roberto Ayala Murdered? - The Cinemaholic There were disagreements where Roger took Roberto's advice over that of his son or nephew. PDF 16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE - California Nor was there a terrible danger of unnecessarily inciting the jurors' passions. 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. They asked for the testimony of only one witness to be reread to them. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. The forensic pathologist who performed the autopsy opined that the cause of death was explosive shrapnel injuries and high-voltage electrocution. 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. Would love your thoughts, please comment. I am military trained. The evidence is all circumstantial. 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. Robert John Vierra. 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. Ayala was killed in an explosion in 2013. She thereafter requested the opportunity to offer a surrebuttal. 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. He thought he was safe in the States. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. And he drove his ATV over the field with his friend Blane Martin on a regular basis. 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.' 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. 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. They observed his vehicle leave the shop and the driver accelerated and eventually passed them at over 90 miles per hour. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. Prosecutors David Druliner and Poyner argued that Paul Moore was clever and resented that he ranked low on the farm compared to other employees, particularly Roberto Ayala, who had a close relationship with Roger Moore. CR53504) APPEAL from a judgment of the Superior Court of Colusa County, Jeffrey A. Thompson, J. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. 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. During his apprenticeship, Paul worked alongside Roberto. Higher wind gusts possible. For example, Roberto traveled with Peter to a seminar about operating a sod business, but when Peter expressed interest in purchasing a harvester, Roberto alerted Roger, and Roger disapproved of the purchase. Another expert will do this job. IPeter or Paul: Substantial Evidence to Support the Verdict. "Paul was afforded a fair. David Moore's birthday is 01/17/1944 and is 78 years old. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. Copyright 2023, Thomson Reuters. (People v. Morris (1988) 46 Cal.3d 1, 21.). I received another package via USPS, target two, I will not take this job because the info I received is wrong. The two felt Roberto received more respect than them. For the first time at trial, however, he testified he got into the truck and tried to drive it. Clearly, they both had hoped to assume managerial positions on the farm. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. While Moores exact net worth as of 2020 is unknown, he must be worth millions. Neither Peter's nor Paul's DNA matched swabs taken from the letters, envelopes, and stamps. Arlan Moore Obituary (2015) - Colusa, CA - Appeal Democrat - Legacy.com opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011. Nevertheless, on the narrow legal questions presented, we find substantial evidence to support the verdict and no abuse of discretion in admitting evidence or denying the defense request for surrebuttal closing argument, and therefore affirm the judgment. Civil Suit in California Farm Murder | Courthouse News Service Paul then drove to the farm shop. 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. Of Paul Moore, Poyner said, "the guy is evil. He acknowledges, as he must, that our task is to review the whole record in the light most favorable to the jury verdict to determine whether it discloses substantial evidenceevidence that is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. 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. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Are you concerned about the rising tensions with North Korea? We concur: (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Chance of rain 100%. Dateline on NBC sheds light on the horrific murder of Roberto Ayala. After the verdict, Parisi said she still believes a lot of questions went unanswered and that she will likely appeal the decision. 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. The perforating shrapnel- or fragment-related injuries occurred immediately before the fire-related injuries. In 2019, the board of supervisors of Colusa met. Martin opined that Peter was not technically, with regard to electricity, or mechanically talented at all; rather, he was forgetful, had difficulty maintaining the tools he needed for his landscaping business, and suffered minor coordination problems. "That's why I took the case.". Without going as far as the prosecutor in overstating the probative value, therefore, we do conclude the risk of prejudice was so conspicuously slight that it did not substantially outweigh the probative value the explosion-making incident had in establishing that Paul did have some familiarity, even if rudimentary, with working with explosives. On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. The letter read: I am responsible for the panel explosion. Peter's house was searched a few days after the explosion. McNary-Moore Funeral Service - Home - Facebook He was the farm foreman. He was able, however, to install electrical sprinkler systems. 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. 13.56.206.54 As an adult, he became a football coach but was fired for his aggressiveness toward a student. Paul injured his back and had to give up construction. C075231. Paul was afforded a fair trial. According to Gingery, the Moores receive millions in agricultural subsidies annually. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. 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. Two-inch gallon pipe and quart of gasoline in plastic bottle. Paul's trial was not fundamentally unfair, and he was not deprived of his constitutional right to due process. In the first message, Peter told Roger that the real reason Roberto's son was fired by another employer was that he was caught stealing and forging his time card, the same thing the Ayala boys had been doing to Roger for years. To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. Find Dr. Moore's phone number, address, hospital affiliations and more. Records published here were acquired from Colusa . The letter stated: Ayala was actually warned what would happen if he screwed with these people. 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. Higher wind gusts possible.. "My sister-in-law is friends with the family," he said. On top of that, Roger surely had the resources to ensure everyone was looked after. [Citation. California v. Moore :: 2016 :: California Courts of Appeal Decisions Even though Paul Moore was the "sole. The settlement also included about $44,800 in worker's compensation payments. 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. Diane Nichols, under appointment by . Expert in Vietnam devices. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. Gus was . We agree with the trial court that the document was therefore relevant to prove motive. The prosecution need not, as we know, prove motive. Published: Jun 17, 2016 Total records: 5,262. Low 41F. And we do not accept the proposition that a document that was either written or transferred a mere year and a half before the blast was too remote in time. I am sure MS-13 will figure out I tipped authorities and will soon come for me. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) BLEASE, J. We are not at liberty to reweigh evidence or revisit credibility issues. 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.