Colusa Cemetery District is owned and maintained by Colusa Cemetery District. Chance of rain 100%. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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. Im going to get that F*****.. 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. Paul argues the trial court abused its discretion by admitting evidence he had wiretapped his ex-wife's telephone during divorce proceedings 15 years earlier and had made oxygen acetylene bombs 20 years earlier. 107 5th Street, Colusa, CA 95932 He learned that a bell rang every time a verdict was made. "I feel like I've lost two sons in one time," Roger Moore said. ROGER HICKEL OBITUARY. Paul told the investigators that Peter had been around the explosion site one day before the explosion. However, we have been able to discern that he is currently at Colusa, and is a pillar of the community. 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. 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. The family of a Colusa County man killed in a 2011 bombing obtained a $20 million judgment against his killer, an attorney said Wednesday. Based on Peter's violent disposition and the threats he leveled at Roberto, among others, the rat trap YouTube video found on his computer, his basic understanding of electrical devices sufficient to enable him to install electric sprinkler systems, his familiarity with the field and with Roberto's responsibilities, his opportunity to plant the bomb, and his compelling motive to remove him from the farm, Paul argued that Peter planted the bomb that Roberto activated when he opened the electrical box to adjust the water levels on the rice field. Roberto had worked for the Moore brothers for 19 years. In fact, after Roberto injured his shoulder, Paul accompanied him on occasion to the irrigation pumps to adjust water levels. His trial lawyer provided excellent representation and advocacy. Roger Moore was believed to be worth 80 million when he died in May 2017 The 007 actor had 30m in property including a luxury Monaco apartment His fourth wife Kristina, 77, was placed into . Higher wind gusts possible.. Ayala was killed in an explosion in 2013. 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. 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. As soon as that door starts to open, that washer is free. Nevertheless, motive is relevant, and a strong motive provides powerful evidence. 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. Medicare vs. Medicare Advantage. 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. 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. THE PEOPLE, Plaintiff and Respondent, v. PAUL ROGER MOORE, Defendant and Appellant. Expert in Vietnam devices. Paul felt belittled as Roberto assumed what Paul believed was his own place on the farm. On top of that, Roger surely had the resources to ensure everyone was looked after. 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.. 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. 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. Moore was convicted of killing Roberto Ayala. Sorry, there are no recent results for popular commented articles. Roger Moore also testified that his son had technical and electrical expertise, a characteristic that the prosecution said was necessary to construct the bomb. Paul was afforded a fair trial. He was born on August 14, 1948, to Leonard and Lona Beauchamp. Higher wind gusts possible.. "The bells of justice have finally rung for us," Ayala said. 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. Peter had his stomach removed and lost almost 50 pounds. Our Customers Our company legacy is a living force that drives our constant quest to perfect the art of growing produce. Winds S at 20 to 30 mph. Most significantly, they shared their animosity toward Roberto Ayala. "My sister-in-law is friends with the family," he said. The jurors could have found his behavior odd, even calculated to focus the investigators' attention on his cousin. 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.. He did not like Roger and Roger did not like him. 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. pic.twitter.com/Fu6Kov30EN, Dateline NBC (@DatelineNBC) July 23, 2020. We conclude the risk was very low. Paul's narrative of family intrigue has all the earmarks of a Shakespearean tragedy and makes for compelling drama. My answer to that is I don't know anyone that could have done that," Roger Moore said after the verdict was announced. This is why I refused this job, but the next guy might kill both to ensure payment. First three fuses, the device had dual triggers and detonators. The bolts were just like the bolt discovered at the scene of the explosion. "I said, 'Pete, the jury now knows it was not Peter Moore, it was Paul Moore," Poyner said. Learn more about FindLaws newsletters, including our terms of use and privacy policy. First, he complains the prosecutors sandbagged him by engaging one prosecutor, who played a more minor role at trial, to make a perfunctory opening argument, saving its genuine substantive attack by the prosecutor who conducted the bulk of the examination. Like the first letter, the text of the second was made with a label maker and photocopied. While it might sound like a humble title, Roger is seemingly quite well off. More to the point, he contends the evidence we described above is not substantial when reviewed in the context of the entire record. Since Arbuckle is close to Colusa, it is unclear whether Fabian and his family moved there, or if he just goes to school there. There were talks of Moore being reappointed to supervise the Sacramento River Fire Protection District, from November 16, 2019, to November 15, 2023. In fact, the incarcerated man's full name is Paul Roger Moore, as a sign of respect to his father. But it is the jury's prerogative, not ours, to weigh the evidence. 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 David Hickel passed away on Wednesday, May 25, 2011, at the U. C. Davis Medical Center in Sacramento, at the age of 76. On several occasions, he physically threatened to harm, among others, his father, his uncle, and Roberto Ayala. While Peter and Paul have very different dispositions, they share similar grievances and similar life trajectories. Farm accidents are as old as the wheel, but was this an accident? He never apologized, and her husband, Antonio Ruiz, demanded that she not confront him. Performance & security by Cloudflare. 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. Express your opinion! 13.56.206.54 Tucker reported the incident to the sheriff and to Roger. The trial court agreed with the prosecutor's position that the defense argument put in issue virtually all evidence that tended to show Paul's motive, technical skills, and past related actions and opened the door to fair comment on any and all evidence tending to link him to the crime. Higher wind gusts possible. 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 Moore is the son of Roger Moore, who co-owns the 1,800 acre family farm with his brother, Gus Moore. He threatened to beat [his] dad's ass on multiple occasions. 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. Rice Subsidies in Colusa County, California, 1995-2020 . We agree. Peter was more vocal, but Paul built the bomb that killed him. 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. The washers were consistent with washers used on the spikes that had been laid on the road leading away from the explosion site. Please try again. Paul Moore was arrested five months after the explosion after a search warrant was executed at his home by the Colusa County Sherrif's Office assisted by the Bureau of Alcohol, Tobacco,. The delivery and return addresses were printed label strips made with a label maker. Rainfall near a quarter of an inch. Their investigation focused on whether the explosion was an accident. She thereafter requested the opportunity to offer a surrebuttal. We will review that evidence in two steps: first, we will outline the evidence of solid, credible value the jury could have reasonably relied upon in finding Paul guilty of murder beyond a reasonable doubt. He denied saying he would fire the Ayala brothers if he ever took over the farm and insisted he liked Roberto. Whatever they uncovered at his house, tied him to the evidence collected from the crime scene. His reputation in the community would make Peter the more likely suspect than Paul. He had been angry and upset with the Moore family since he was 12 years old. Paul was eventually arrested for the murder of Roberto Ayala. The investigators drove around the block a couple of times and on one occasion had eye contact with Paul. He was familiar, therefore, not only with Roberto's working routine, but also with the operation of the pump. McNary-Moore Funeral Service in Colusa, CA. Beyond those innocuous hobbies, he wiretapped a telephone and blew up a bomb. Ultimately, the Ayala family was awarded $20 million. And that primer is causing an immediate flash into the cavity of that pipe assembly, the pipe bomb itself, and initiates the explosive charge. There is also freehand drawing on the diagram, and there's also straightedge drawing on the diagram. The case is a classic whodunit. 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. Whoever is driving the Ford is very much in danger. Paul insists the limiting instruction could not cure the prejudice. 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. The first responders believed Roberto's truck had been moved because the broken glass was located about 11 feet away and a piece of glass was in the rear tire tread. However, the 3rd District Court of Appeals did not find any reason to overturn the verdict. Low 41F. Neither cousin was happy with his place within the family hierarchy. The writing is comprised in a similar fashion as the letters themselves. The 3rd District Court of Appeals said it found no reason to overturn the guilty verdict in Paul Moore's 2013 trial. 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. 2023 Cinemaholic Inc. All rights reserved. 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. He wrote that his father thought he was stupid, but continually raved about Roberto's intelligence. 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.. Trig two, drop weight activated upon door opening. The investigators did not believe that a Mexican gang was involved in the explosion because gangs typically advertise their involvement rather than hide it, to incite fear and command respect. A forensic document examiner compared the sheet of paper with the indentations that had been seized from Paul's residence to the diagram of the bomb mailed to the Colusa County Sheriff's Department. Without debating semantics, the point is that we must defer to the trial court's determination whether the evidence is substantially more prejudicial than probative unless the court has strayed too far from what is reasonable and sound. The potential prejudice of admitting the evidence was slight. God [sic] luck. Colusa CA 95932. During trial, however, the defense offered the testimony of an expert in forensic computer analysis. Peter tried to convince his grandmother Mimi to disinherit his father, confident that his Uncle Roger would be more fair. 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. C075231. And this would be, in my explanation, it takes a little bit of time, but this is near instantaneously. Paul appears to have suffered more quietly than his cousin. 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. 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. Rainfall near a quarter of an inch. He remained so bitter toward his father he begged his grandmother to disinherit him. "I don't imagine my clients will see anything of it," Sacramento lawyer Justin Gingery said. Paul's animosity toward Roberto and his feelings of humiliation and resentment were simmering for years, and who better to express his feelings, and inferentially his motive, to the jury than Paul himself? Paul returned to work on the farm a few years before the explosion. There were pieces of metal shrapnel in his chest, neck, and brain. Low 41F. The freehand drawing has some arrows on it. Unfortunately, Arlan passed away, leaving Roger to handle the affairs. So, heres everything you need to know about Roger Moore. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.) 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 prosecution need not, as we know, prove motive. 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. [Citation. Paul alleges the trial court erred by denying his request to offer a surrebuttal to the second prosecutor's rebuttal and depriving him of the opportunity to offer a reply to the facts and arguments he had not raised in his own closing argument. These facts, in large part, form the basis for Paul's arguments at trial and on appeal. CR53504) All of these considerations could factor into the trial court's delicate weighing process. On August 22 the investigators searched the farm shop with Roger's permission. . Third Appellate District (Colusa) (Super. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) Gene attended Colusa High School and . Though there was no DNA evidence or fingerprints on the explosive device, the jury found Paul Moore guilty. I am military trained. The letter read: I am responsible for the panel explosion. He ran for about two miles to get help. I would decline anyway because I saw target two with his girls and that I can't deal with. 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. I received another package via USPS, target two, I will not take this job because the info I received is wrong. Powered by WordPress.com VIP. Find Dr. Moore's phone number, address, hospital affiliations and more. The attorney said he didn't take a fee to represent the Ayalas. provides funeral home, burial, veteran,. Word On The Street: Community weighs in on Governor Newsom's death penalty executive order. 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. Information is scarce, especially since Moore does not seem to have any social media presence. Clearly the jury was aware of which witnesses had been called by which side, and such a statement could not reasonably mislead any juror on that point.. The evidence will show that the explosive device in this case was housed inside a 480-volt high amperage pump control panel. 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. 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. BLEASE, J. (People v. Davis (2009) 46 Cal.4th 539, 606.) Thus, the court disagreed with Paul's threshold argument at trial that the prosecutor's rebuttal was improper because it exceeded the scope of the defense closing argument. We agree with the trial court. His son, Fabian, who was 7 at the time, witnessed the explosion and ran two miles through fields to find help. ROBERTO'S DEATH AND THE MOORE FAMILY TRAGEDY. The investigators took possession of three computers and three cellular telephones. On July 16, 2011, he was killed in front of his son. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. There was no direct evidence of who designed, constructed, or placed the explosive device. Previously driven by target one. Druliner, special assistant attorney general, said "Roger Moore is a very impressive individual, and upfront.". 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. The governing District was organized on July 16, 1923. Sorry, there are no recent results for popular images. A bomb-sniffing dog did not alert on anything explosive in the house, garage, or truck. I am sure MS-13 will figure out I tipped authorities and will soon come for me. Ruben was born in Woodland, CA, on January 27, 1941, to Frank and Eleanor Reynoso. Higher wind gusts possible. Lynette Marie Clark. From 1995-2014, they received grants worth $2.1 million. 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. Contact us. Periods of rain. Nor was there a terrible danger of unnecessarily inciting the jurors' passions. He noted that in a stack of paper, indentations can appear five pages down. 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. The straightedge drawing is -- the diagram depicts -- what we're led to believe is that the diagram depicts the electrical box. Published: Jun 17, 2016 Total records: 5,262. Paul Moore was convicted of killing Roberto Ayala, an employee of Moore Brothers. Even though Paul Moore was the "sole. 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. 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. 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. The prosecutor argued to the jury that scientific experts often use science speak or nerd speak to hedge what they are really saying. Since I will not take this job, it will soon be reassigned. The settlement awarded the family $20 million as well as $44,800 in workers compensation payment. 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. According to the Colusa County Sun Herald, Susan Susie Caseys Murder: 5 Fast Facts You Need to Know. Their hopes had not materialized. But 12 jurors of Pauls peers found that the circumstantial evidence proved beyond a reasonable doubt that he murdered Roberto Ayala, and we must respect their verdict., The appeals court also said that Paul complained bitterly about his life growing up on the farm and felt mistreated by everyone., The Sun Herald article states that the appeals court said the murder case was a classic whodunit. 3 Crim. 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. Stay up-to-date with how the law affects your life. 3 Crim. Thus the victim, according to the explosive expert, would be injured simultaneously by the explosion and the fire. "It was owned by Moore farms, but was only driven by Roberto," Gingery said. (b).) But the fire and law enforcement officials who performed the initial investigation did not know a bomb had been planted in the irrigation pump. We accept for purposes of this issue the trial court's characterization of the defense closing argument. 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. Whoever is driving that white F-250 is in great danger. Virginia Carmen Ortiz. An individual would need prior knowledge of electric devices and electrical systems in order to properly and safely install the device. 370; People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.) 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. Ayala died instantly from the explosive device, and fire and law enforcement officials originally believed the explosion was an accident. Paul Moore was identified as the sender, and the authorities were soon knocking on his door. 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 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. 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. Evidence Code section 352 provides the framework: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. In other words, the trial court is accorded considerable discretion to carefully balance the competing interests in admitting probative evidence and in excluding evidence that unfairly prejudices a defendant, and an appellate court will overturn the exercise of discretion only when the trial court's assessment appears to exceed the bounds of reason. . I have nothing to say to that man, other than bye-bye.". We need not consider Paul's allegation that the accumulation of errors was prejudicial even if taken individually they were not. 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. This is an argument defense counsel had the opportunity to effectively rebut in closing argument. Clearly, they both had hoped to assume managerial positions on the farm. Moore is the owner of the Moore Brothers Farm. opened the power panel for a water pump on a rice field south of Colusa on July 16, 2011.