He had been angry and upset with the Moore family since he was 12 years old. 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. In early July, Paul was asked to drive out to the rice field to turn on the water pump without Roberto. District Attorney John Poyner said Parisi was the best defense attorney he has ever gone up against. The next guy might not catch the error in info and the wrong person will die. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. 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 fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. As an adult, he became a football coach but was fired for his aggressiveness toward a student. 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. Recipients of payments . We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. Clearly, over the years he earned the trust and respect of Roger and Gus. They gave me two months 4 this job. The wiretapping occurred in 1995 or 1996. He insisted that Peter planted the indented paper and that his fingerprints were left on the top sheet when he placed his hand on it to adjust a window shade. He opined that the second letter and bomb diagram had the same physical, optical, and chemical profiles. The boy had to run two miles to get help. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. All of these considerations could factor into the trial court's delicate weighing process. 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. Colusa Cemetery District is owned and maintained by Colusa Cemetery District. Winds S at 20 to 30 mph. ] (People v. Robbins (1988) 45 Cal.3d 867, 879; see People v. Kelly (2007) 42 Cal.4th 763, 783.) 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. I will come peacefully or detonate all the devices.. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. Paul Moore of Grimes,. Affirmed. 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. Rogers exact whereabouts as of 2020 remain unknown. A month before the explosion, Roger learned from Paul that Peter threatened to injure Roberto. He will rather seek life in prison without parole for Paul Moore. 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. On tonights episode of Dateline NBC, Keith Morrison interviews family members and investigators in Robert Ayalas murder case. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. The jury was properly reminded to consider the evidence solely for its tendency to prove Paul's knowledge of electrical and technical devices. A bomb-sniffing dog did not alert on anything explosive in the house, garage, or truck. 107 5th Street, Colusa, CA 95932 I am military trained. It is speculative, according to Paul, to assume that wiretapping a telephone is any more complicated than purchasing a Radio Shack or Spy Store device complete with user instructions for dummies [or] a DIY device.. 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. Paul objects to the prosecutor's use of a DNA analogy. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. Paul Wynn Jan. 12, 2023. Chance of rain 100%. 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.' In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. Paul Moore murder conviction upheld | Colusa Sun Herald | appeal 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. Of Paul Moore, Poyner said, "the guy is evil. Paul Roger Moore was found guilty today of murdering Roberto Ayala. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. There was no direct evidence of who designed, constructed, or placed the explosive device. He threatened to beat [his] dad's ass on multiple occasions. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. If u come 4 me, call first. Target two knows the Mexico connection and that is the reason 4 relocating n will not help target two. There were pieces of metal shrapnel in his chest, neck, and brain. 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 Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. Peter was more vocal, but Paul built the bomb that killed him. A jury convicted defendant Paul Roger Moore of first degree murder based exclusively on circumstantial evidence that he built and planted a victim-activated bomb in an irrigation pump he knew the farm foreman and eventual victim, Roberto Ayala, would activate. The jury was well acquainted with the wiretapping evidence as well as with Paul's description of his life. Roger Hickel Obituary (1935-2011) - Colusa, CA - Colusa Sun-Herald And he drove his ATV over the field with his friend Blane Martin on a regular basis. The Oxygen-Acetylene Bomb: Similarly, the evidence that Paul had mixed oxygen with acetylene to produce an explosion when he was in his early to mid-twenties also had some probative value about his knowledge, even if primitive, of bomb making. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) ADVICE: Are North Americans wimps when it comes to pain tolerance? Whoever is driving that white F-250 is in great danger. Cloudflare Ray ID: 7a2e78bba8bccfb8 To be sure, Paul had demonstrated an advanced mechanical aptitude and an understanding of electrical currents. 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. Like the first letter, the text of the second was made with a label maker and photocopied. 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. 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. BLEASE, J. Rainfall near a quarter of an inch. Their investigation focused on whether the explosion was an accident. 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. Tucker reported the incident to the sheriff and to Roger. Paul insists the limiting instruction could not cure the prejudice. "Paul was afforded a fair. November: By November the investigation had targeted Paul. God [sic] luck. The outside square of the diagram is the electrical box that we've described.. The settlement also included about $44,800 in worker's compensation payments. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. 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. Paul was well represented at trial, and his lawyer effectively lodged these arguments, and many more, to the jurors. Express your opinion! Paul's ex-father-in-law testified briefly, and the description he gave certainly did not consume an undue amount of trial time. On November 24 they noticed the device was not working and they went to Paul's house to investigate. Again, the limited scope of appellate review presents an insurmountable obstacle. Paul is Roger's son. He was born January 23, 1935, in Turner . The prosecutor did not rely on any evidence outside the record, nor did he raise any new theory. We concur: Half of the amount will go to. He is also survived by his brother, Roger Moore. A bomb exploded in a rice field, as Ayala was adjusting the irrigation pump. One of the investigators described the diagram of the bomb as follows: It's a diagram that has writing around the diagram and on the diagram. 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. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. 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. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. Peter's house was searched a few days after the explosion. He was the farm foreman. Do I think Peter (Paul's cousin) did this? He showed them copies of text messages he had received from Peter in which Peter expressed his displeasure with the condition of the fields and suggested the field manager (Roberto Ayala) should be fired. Contact us. ARLAN MOORE OBITUARY . While Moores exact net worth as of 2020 is unknown, he must be worth millions. In The Court of Appeal of the State of California. 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. 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. 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.' "(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. 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. On July 17 Roger gave the investigators two voice mail messages he had received from Peter. 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. 107 5th St, Colusa, CA. Cemetery Records. All rights reserved. Three days later, they received another letter containing a diagram of the device. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. He testified Paul constructed a rice roller and a fertilizer aqua bar in the farm workshop. First three fuses, the device had dual triggers and detonators. The governing District was organized on July 16, 1923. He needs to be careful. 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. Roberto had worked for the Moore brothers for 19 years. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. December: On December 6 Paul's house was searched. They want the brother, but it is now driven by some young guy, or do they want the young guy? Ruben Reynoso Sr., of Colusa, CA, passed away at his home on January 9, 2023. 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. 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. But Peter's situation was far different. 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. Becoming windy late. Chance of rain 100%. 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. Nothing precluded defense counsel from confronting that evidence in her closing argument. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) 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 evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. Arlan "Gus" Richard Moore passed away at the age of 77 at his home in Grimes on March 29, 2015. . Paul maintains the prosecutor's comparison to DNA analysis imputed an accuracy to the paper and ink analysis that was not in evidence, and therefore it was error to allow the prosecutor to argue the ink, paper, and labels were matches. We agree with the trial court that the argument was permissible as a mere example or analogy. That evidence, Paul argued, pointed to Peter's guilt beyond a reasonable doubt. Many years before the explosion, he set up two duck blinds in a field on the farm. "My sister-in-law is friends with the family," he said. Eight stamps were attached for postage. She thereafter requested the opportunity to offer a surrebuttal. They also found a rat trap and three mouse traps in the pantry and fishing line in his boat. The settlement also included about $44,800 in worker's compensation payments. Ultimately, the Ayala family was awarded $20 million. Performance & security by Cloudflare. Someone will take it. And, as with the admissibility of the wiretap evidence, the argument is simply a diminution of the probative value suggested by the prosecution; it is not that the evidence bore no probative value, just that it was substantially outweighed by the risk of prejudice. 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. In fact, the incarcerated mans full name is Paul Roger Moore, as a sign of respect to his father. THE PEOPLE v. PAUL ROGER MOORE (2016) | FindLaw ), 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. 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. On October 3 investigators also found spikes down a private farm road. He had not been allowed to work on the farm for over 21 years. Whether a trial court has erred in admitting evidence under Evidence Code section 1101 is also reviewed for an abuse of discretion. The attorney said he didn't take a fee to represent the Ayalas. January 28, 2023 (85 years old) View obituary. 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. But Paul insists the prosecutor's rebuttal constituted error, even if we assume it was not intentional. This website is using a security service to protect itself from online attacks. Paul's voice was powerful circumstantial evidence the prosecution had every right to exploit. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Family of Colusa bombing victim awarded $20M judgment We must accept its determination. Given the brevity of the comment, we believe Paul grossly overstates its potential danger and conclude there was no prosecutorial error. (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) Arlan Moore Obituary (2015) - Colusa, CA - Appeal Democrat - Legacy.com 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. Fill out this form to submit a Letter to the Editor. On July 16, 2011, he was killed in front of his son. Sorry, there are no recent results for popular images. 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. 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. The defense raised important questions and offered a more than plausible alternative theory, but those questions were answered by the jury and it rejected Paul's argument that Peter was the perpetrator. David Moore's birthday is 01/17/1944 and is 78 years old. 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. The two felt Roberto received more respect than them. They will find him. Rainfall near a quarter of an inch. There was no undue consumption of time since Paul's ex-father-in-law explained what he knew about Paul's involvement in creating an explosion in a paragraph or two. Im going to get that F*****.. He told investigators he had operated the panel five days before the explosion, and he drew an accurate picture of the panel. PAUL ROGER MOORE, Defendant and Appellant. 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 therefore argued that he had no motive to kill Roberto, whereas Peter did. He thereafter refused to come back for any additional interviews. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. Click to reveal 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. The evidence is all circumstantial. 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. 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. Eduardo Ayala testified that he knew Peter characterized him and his coworkers as a lazy group of drug addicts and alcoholics who would ruin the Moore brothers' agricultural business. Find Dr. Moore's phone number, address, hospital affiliations and more. 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. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. But it is the jury's prerogative, not ours, to weigh the evidence. Again, Paul's critique is the same: that is, the prosecutor grossly exaggerated his fascination with bomb making and extrapolated one incident into a proclivity to create multiple and more advanced explosive devices. There were disagreements where Roger took Roberto's advice over that of his son or nephew. This was my first and final job. 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. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. Thus, we do not address the theoretical question as to whether there is some line a prosecutor may not cross during rebuttal argument. 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. Stay up-to-date with how the law affects your life. Published: Jun 17, 2016 Total records: 5,262. . 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. He was fired as the director of a duck club because he offended some of the members. (People v. Vereneseneckockockhoff (1900) 129 Cal. Considered in context, there is no danger the jurors were misled or that the document examiner's expert testimony was falsely elevated to the stature of DNA evidence. "I feel like I've lost two sons in one time," Roger Moore said. 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.

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