Moore's trial scheduled for April
BONNERS FERRY — Daniel L. Moore pled not guilty to felony second-degree murder charges in the fatal shooting of Brian Drake earlier this year.
Moore was arraigned on the charges Thursday, Nov. 5 in First District Court in Bonners Ferry. In addition to the second-degree murder charge, Moore also is charged with use of a deadly weapon in the commission of a felony in connection with the fatal shooting of Brian Drake on March 12.
The plea sets the motion for what is expected to be a 10-day trial beginning April 12, 2021. A pre-trial conference is set for March 17 to discuss and confirm the dates.
According to Magistrate Court Judge Justin W. Julian, the criminal complaint on file alleges that Moore fatally shot Drake in downtown Bonners Ferry on March 12.
“[Moore] did willfully, unlawfully and deliberately and with malice and forethought but without premeditation killed and murdered Brian Drake, human being, and using a pistol and shooting through a window hitting Brian Drake in the back,” Julian said.
Because the April trial date would violate requirements for a speedy trial, defense counsel Katherine Bolton agreed to waive that stipulation.
Bolton continued to request a motion for evidence not yet turned over by investigators. The defense wants affidavits of a potential suspect in the investigation, including Brian Drake’s chiropractic clinic records and eyewitness testimony.
However, Deputy Prosecutor Tevis Hull argued that evidence must be maintained, and in the past, returning evidence that has been manipulated or changed that puts into question the integrity of evidence.
“It’s far too early to hamper an investigation into a murder case,” Hull said, “It has happened in my experience when items have been returned, they have been altered.”
Hull’s remarks upset Bolton. “The idea that I would try to destroy evidence or somehow obstruct justice is outrageous and would never happen,” she said, “So I take great exception to that statement in every regard.”
The issue raised by Hull states Moore claims no gun experience but evidence ties to the credibility of Moore’s statements.
“The defendant doesn’t have any experience with guns and yet talks about trading for guns as part of his practice in California and even here, and then he owns a booze and bait shop in Montana,” Hull said
Bolton was denied a motion to return property by Buchanan because of the voluminous amount of evidence that needs to be thoroughly reviewed.
“I believe we are too early in the case to be ordering anything to be returned at this stage, so I’m denying that request,” Buchanan said.
Moore is currently on bail and has begun to start operating his chiropractic clinic and wrote about his appreciation for all the love of support for his family, even appealing to clients of his innocence.
“While I can't talk about the specifics of my case at this time, I can say this: I am innocent of all charges.” Moore wrote.
