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Drake family sues Moore Chiropractic

by VICTOR CORRAL MARTINEZ
Hagadone News Network | December 15, 2020 1:00 AM

BONNERS FERRY — A civil case has joined the criminal court proceedings stemming from the March 12 shooting of a chiropractor in Bonners Ferry.

Jennifer Lynne Drake, wife of murder victim Brian Drake, filed a lawsuit on Nov. 11 against shooting suspect Daniel Moore and his wife, Karen Moore, on behalf of the Drake family.

The Moores, on behalf of their business, Moore Chiropractic, filed counterclaims in the civil case on Dec. 9.

According to district court records, Drake's lawsuit states, “This action is filed to vindicate and compensate the family of Brian Drake, whose life was taken by Daniel L. Moore on the night of March 12, 2020."

The lawsuit alleges that Daniel Moore didn’t know Brian Drake, but resented Brian as a competitor in chiropractic practice in Bonners Ferry.

“Daniel L. Moore immediately and cowardly fled the scene, leaving Brian Drake to die.” the lawsuit alleges.

It also alleges that before the death of Brian Drake, the defendants lost at least 30 patients to Drake Chiropractic.

The claims by Jennifer Drake include wrongful death, negligent infliction of emotional distress, intentional infliction of emotional distress and tortious, or intentional, interference with prospective economic advantage.

Drake is requesting a jury trial for her lawsuit, in addition to the April trial scheduled in the criminal case against Daniel Moore.

He was arrested on Aug. 27 and charged with second-degree murder in Brian Drake's death on March 12 in downtown Bonners Ferry.

Police responded at 7:29 p.m. that evening to reports of shots fired at 6811 Main St., and found Brian Drake, 45, dead at the scene from a gunshot wound.

In the Moores' counter-claim and answer to Drake’s complaint, “The defendant admits that Moore Chiropractic was in the same business as Drake Chiropractic and therefore the two were ‘essentially business competitors,’ but affirmatively avers that they practiced in different specializations.”

The Moores’ attorney denies many of the allegations, citing discrepancies with Moore’s vehicle and the affidavits’ description.

The counter-claim denies that Daniel Moore confessed to law enforcement and states that Drake's lawsuit is a mischaracterization of his interactions with law enforcement on Aug. 27, 2020. It states that Daniel Moore never met, killed and had no motive to kill Brian Drake.

It claims that Moore Chiropractic was a profitable business before and after Brian Drake began practicing in Bonners Ferry.

The counterclaim alleges that Jennifer Drake has tried to mischaracterize Daniel Moore’s character to garner sympathy from the public to influence jurors and raise money. It alleges that Drake is trying to present her family as a Christian family free of moral shortcomings to claim a $1 million life insurance policy.

In addition to the motives stated by Moore’s defense, they’re claiming that law enforcement failed to establish a credible investigation.

“Dr. Moore had no motive and in fact did not kill her husband, but rather was the scapegoat targeted by law enforcement after their inept investigation failed to identify the actual killer of Brian Drake and failed to reasonably investigate Plaintiff, Jennifer Drake’s own motives and role in his killing.”

The court document alleges Brian Drake was a philanderer, porn addict and a sexual abuser to his clients, stating he moved practices out of Texas due to a legal battle with a patient he sexually harassed.

The counterclaim alleges that Jennifer Drake needed financial support and had a motive to kill Brian Drake and collect on the life insurance policy.

Moore’s defense’s counterclaim is requesting compensation for defamation, tortious interference with prospective economic advantage, and intentional infliction of emotional distress.

Jennifer Drake is requesting an amount that justly compensates her and her children; Moore’s counterclaim is requesting payment for damages in the amount exceeding $100,000.

A motion hearing for the lawsuit is scheduled for Wednesday, Dec. 23. at 1:30 p.m.