BONNERS FERRY – The second-degree murder case against Daniel Lee Moore has been dismissed.
Moore, 63, had been charged on March 12, 2020 with deadly shooting of Brian Drake. However, following a ruling by Barbara Buchanan, the District’s First District Judge, in mid-April, to dismiss the reconsideration of a previous suppression of a confession by Moore, defense attorney Katherine Bolton filed a motion to dismiss the case against his client on April 14.
Moore was initially charged Thursday, Aug. 27, with second-degree murder and the use of a deadly weapon in the commission of a crime related to Drake’s fatal shooting on March 12, 2020.
Prosecutors alleged Moore with foresight but without premeditation that they intentionally murdered Brian Drake with a gun and shot through a window hitting Drake in the back.
Moore was released on bail on Oct. 13 and resumed surgery at his chiropractic clinic. In a November post on his clinic’s Facebook page, Moore wrote that he appreciated all the love and support for his family and proclaimed his innocence.
“While I can’t talk about the details of my case at the moment, I can say this: I am innocent of all charges.” Moore wrote.
The trial would begin on April 12, but was rescheduled when the trial moved to Kootenai County after Bolton requested a change of location accepted by the prosecution. The initial date for the jury’s trial was scheduled to begin on September 7.
In his motion to dismiss the case, Bolton said the prosecution relied solely on the confession now suppressed to establish the probable cause and that he had no additional evidence to support the charges against Moore.
“The district court must dismiss a criminal complaint if it finds that the defendant was detained to answer without probable cause,” argued Bolton, who added that the state did not meet the slightest standard to charge someone in a criminal case.
In his sentencing, Buchanan agreed, finding that “there is no admissible evidence in the record to show that Moore committed the crime for which he is charged.
Boundary County Deputy Attorney General Tevis Hull had asked the court on Feb. 26 to reconsider the removal of Moore’s confession, arguing it was voluntary and not the product of coercion. However, in April, the reconsideration motion was denied.
Prosecutors had also asked the court to use the alleged confession for the purpose of dismissal at trial. However, both petitions were denied by the court.
“The court states its finding that the defendant’s alleged confession was involuntary and the product of police coercion,” Buchanan said in his sentence.
The length of Moore’s detention and the “repeated and prolonged nature of his interrogation by [Bonners Ferry] Assistant Chief of Police Marty Ryan ”were decisive factors in the decision to maintain the suppression of evidence.
In the resolution not to overturn the suppression of Moore’s confession, Buchanan said he considered additional conclusions such as warnings from Miranda, Moore’s age, educational level, and whether Moore was deprived of food or sleep. during his interrogation.
“Given all the circumstances, this court finds that Moore’s will was overridden by police insidiousness and excessive violence, so his waiver of his Miranda right to a lawyer was not done consciously. , voluntarily and intelligently, “he said in the resolution.
The decision determined that the confession was the product of police coercion and was also involuntary, which determined that Moore had been in police custody since the beginning of his interview with Idaho state police.
The court also held that the state’s request to use the alleged confession would violate Moore’s constitutional rights. “The Fifth and Fourteenth Amendments provide that no one shall be compelled in any criminal case to testify against himself.”
These rulings laid the groundwork for Wednesday’s decision to dismiss the case against Moore.
Moore is also involved in a civil lawsuit he filed against the Drake family, and each party accused each other of reasons for Brian Drake’s death. In addition, many of the documents are now sealed.
According to district court records, Drake’s lawsuit states: “This action is filed to claim and compensate Brian Drake’s family, whose life was taken by Daniel L. Moore on the night of March 12, 2020. “.
The acknowledged lawsuit denies that Daniel Moore confessed to law enforcement and claims that Drake’s lawsuit mischaracterizes his interactions with law enforcement on August 27, 2020. He says Daniel Moore never met, he did not kill and had no reason to kill Brian Drake.
An appeal may be filed in the Idaho Supreme Court, but it is unlikely to occur because of the precedent set behind the motion to dismiss.
Chief Prosecutor Tevis Hull was not available for comment at the time of publication.