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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. Paul returned to work on the farm a few years before the explosion. He pointed out that the markings or threading on the metal indicated to him the explosion was not an accident. Even though Paul Moore was the "sole. While it might sound like a humble title, Roger is seemingly quite well off. February 3, 2023 (75 years old) View obituary. Paul Wynn Jan. 12, 2023. 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. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. When asked if his temper had caused problems for him in the community, he testified, I'm not the easiest guy to get along with. By his own account, his father not only physically abused him, but from the time he was eight or nine years old made him fight with other boys to resolve their conflicts. Roberto Ayala died instantly from an explosive device that he unknowingly detonated at chest level. The bolts were just like the bolt discovered at the scene of the explosion. Moore Farms / White Wolf Potato Co. | Moore Farms He dropped his clippings from his landscape business 40 yards from the pump. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. I will come peacefully or detonate all the devices.. (a). PDF 16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE - California Gunner also reported that, according to his dad soon after the explosion, his grandfather feared that there was a booby trap in the switch and stated that someone must have been a genius to be able to do that, some type of electrical genius.. 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. Gus stood ready to arrest him for trespassing if he was found on the premises. Paul told the investigators that Peter had been around the explosion site one day before the explosion. Virginia Carmen Ortiz. 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. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. Of course, the evidence was damaging, for it confirmed the prosecution's basic theory of the case, that a disappointed, angry, and envious man killed the foreman who threatened him most in his father's eyes. 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. (b).) 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. If u have any questions, place ad in Sac Bee, help wanted, make it the last ad [in the] August 21st issue. There is an abundance of evidence to support the notion that Peter has been a bully his entire life and his relationships ended poorly. The fact that the document described the history of the family only added to its probative value. On top of that, Roger surely had the resources to ensure everyone was looked after. 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. 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. Roger David Hickel passed away on Wednesday, May 25, 2011, at the U. C. Davis Medical Center in Sacramento, at the age of 76. 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. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. Higher wind gusts possible. 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. Rainfall around a quarter of an inch. He had been angry and upset with the Moore family since he was 12 years old. David Moore (Larry), 78 - Grimes, CA Public Reputation Profile at They seized this sheet but not the sheets of paper below it. Paul Moore of Grimes,. IPeter or Paul: Substantial Evidence to Support the Verdict. A state appeals court this week upheld Paul Moore's murder conviction. Upon detonation gas atomized for millisecond, completed the circuit triggering flashover, thus electrocution, fail safe and no disarming. Cemetery Records. According to the Environmental Working Group Farm Subsidy Database, Moore Brothers received about $2.1 million in subsidies from 1995-2014. Performance & security by Cloudflare. At trial he explained he had difficulty understanding the documents he was asked to review, but that he could understand an oral description of their contents. 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. After a career of killing, I want to save a life before I take my life. Nevertheless, there was probative value in establishing Paul's lifelong familiarity and experimentation with all types of electrical and mechanical devices. Marysville woman celebrates 100th birthday, Livestock auction returns to Colusa fairgrounds. Although the trial was lengthy, they took less than a day to deliberate. Third Appellate District (Colusa) (Super. This was an MS-13 [Mara Salvatrucha, a violent gang] job, something about a Mexico deal gone wrong. "We've waited 25 months and seven days for this moment," said Eduardo Ayala, brother of the victim. 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. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Higher wind gusts possible.. Winds S at 20 to 30 mph. Peter was intimately familiar with the field where Roberto was blown up. According to the Colusa County Sun Herald, Paul Moores sentencing and conviction was upheld in 2016. We simply cannot say the evidence that Paul possessed the unique skill set to build a bomb, that he had the requisite familiarity with Roberto's schedule and with the irrigation pump where the bomb was planted, of his fingerprints on the indented sheet that matched the bomb diagram and the remainder of the forensic evidence connecting his printer and his labels with the letter and diagram sent by the bomber to the sheriff, and of his suspicious behavior in framing his cousin and in manufacturing and planting the spikes in the road and chasing the investigators at high speeds, and his personal account of the lifetime of disappointment he felt in the way he had been treated relative to the way his father and uncle doted on Roberto, does not constitute solid evidence of credible and reasonable value to sustain the verdict. A Sacramento County jury found him guilty on Aug. 23. Roberto Ayala was killed by a victim-triggered bomb when he. 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. Medicare vs. Medicare Advantage. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. Whoever is driving the Ford is very much in danger. Copyright 2023, Thomson Reuters. 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. (People v. Johnson (2000) 77 Cal.App.4th 410, 417-419. Roberto Ayala's Murder: 5 Fast Facts You Need to Know Half of the amount will go to Jesus, Maria and Paola Ayala, while the other half will be placed in an annuity for Roberto's now 12-year-old son. (People v. Davis (2009) 46 Cal.4th 539, 606.) The investigators would later discover that Paul had deleted individual text messages he had sent to and received from Peter. 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. 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. He faces life in prison without parole Whoever drew the diagram, he believed, was intimately familiar with the construction of that device.. Paul Moore was convicted in August 2013 of first-degree murder with special circumstances. Prosecution experts did not find any evidence of value on Peter's devices. He contends the evidence was too remote, was not probative of his knowledge of electrical circuitry or constructing sophisticated bombs, and was substantially more prejudicial than probative. Paul Moore convicted in Colusa bombing death - Appeal-Democrat Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". ), Admission of character evidence, however, is subject to special rules. White Ford, same plate number. And Roberto Ayala, in particular, was the target of his wrath. Moore is the owner of the Moore Brothers Farm. The writing is comprised in a similar fashion as the letters themselves. The bomb also contained a plastic container filled with gasoline to ignite during the explosion and enhance the thermal effect. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. The outside square of the diagram is the electrical box that we've described.. Paul Roger Moore, 49, is facing life in prison with no chance of parole after his first-degree murder conviction with the special-circumstance allegation that he killed Roberto Ayala, 43, by planting. (People v. Jacobs (2007) 156 Cal.App.4th 728, 737-738.) Becoming windy late. We know that his farm has rice fields and walnut orchards. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. (Evid. Higher wind gusts possible.. He wrote that his father thought he was stupid, but continually raved about Roberto's intelligence. Thus it was relevant and probative of his knowledge of creating explosions. (People v. Morris (1988) 46 Cal.3d 1, 21.). 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. 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. 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. Chance of rain 100%. 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. 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. 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. They asked for the testimony of only one witness to be reread to them. The delivery and return addresses were printed label strips made with a label maker. Paul Moore murder conviction upheld | Colusa Sun Herald | appeal The wiretapping occurred in 1995 or 1996. We agree with the trial court that the document was therefore relevant to prove motive. Contact us. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Half of the amount will go to. Paul Roger Moore was found guilty - Colusa Sun-Herald | Facebook He discovered what the prosecution experts had all missedthat the user of Peter's computer had visited a YouTube rat trap video. Roger attested to his son's aptitude for building things, albeit the examples he cited were not electric. 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. 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. Becoming windy late. 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. But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. NICHOLSON, J. Winds S at 20 to 30 mph. 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. Paul is Roger's son. How Was Roberto Ayala Murdered? - The Cinemaholic 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. You can email the site owner to let them know you were blocked. Although none of the individual incidents when taken alone would have demonstrated the type of knowledge necessary to make and install a bomb in an electrical panel device, the jury was entitled to hear how cumulatively they were relevant to whether Paul had the requisite knowledge to install a victim-activated bomb. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. On August 15 the investigators received a second letter and a diagram of a bomb. 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. I have nothing to say to that man, other than bye-bye.". Peter testified he was going to physically beat up Roberto. Recipients of payments . 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. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. "I love my three children a lot, and I think all three know I wouldn't lie for them," Roger Moore said. By Harold Kruger David Moore's birthday is 01/17/1944 and is 78 years old. The freehand drawing has some arrows on it. Poyner said that after the verdict was announced, he called Peter Moore. 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.. Meanwhile, he was treated worse than any employee, worked harder, but was never given a raise. First three fuses, the device had dual triggers and detonators. Gene Wesley Beauchamp, of Colusa, CA, passed away on January 11, 2023, at the age of 74. According to Peter, the Ayala brothers agitated Paul and he remarked, Those son-of-a-bitches, they are trying to take over my life. 3 Crim. Colusa Sun-Herald Obituaries - Legacy.com 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. Winds S at 20 to 30 mph. Instead, he agreed that the saying, Don't let your bulldog mouth let your mockingbird ass get in trouble applied to Peter. . He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. 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. To understand if, why, and how Paul would have blown up Roberto, the prosecution attempted to tell the painful story of the men of the Moore family farm and their tortured relationships. Rainfall around a quarter of an inch. 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. The bomb is set off.. She concluded that all the samples came from the same spool or another spool having the same chemical composition and physical characteristics. For the first time at trial, however, he testified he got into the truck and tried to drive it. In the My Life document, as described above, Paul provides a litany of perceived wounds and transgressions he suffered throughout his life on the farm and many of the indignities he felt were a result of the privileges, trust, and respect showered on Roberto by Roger and Gus. 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. Eduardo Ayala told an investigator he saw Paul manufacturing spikes in the farm maintenance shop. 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.