Moore's trial scheduled for April, reopens for business

BONNERS FERRY — During Daniel Lee Moore’s Nov. 5 arraignment hearing, he pleaded not guilty to the felony charges of murder in the second degree.

First Judicial District Judge Barbara A. Buchanan was unaware of the crime’s penalties and needed prosecutor Tevis Hull to explain the statutory penalty for Moore’s crime.

“A minimum sentence of not less than 10 years and not more than life,” Hull said to Buchanan.

Moore is charged with second-degree murder and use of a deadly weapon in the commission of a felony in connection with the fatal shooting of Brian Drake on March 12.

The court, along with both parties, agreed to a 10-day trial beginning April 12, 2021. A pre-trial is scheduled on March 17 to discuss and confirm the dates.

According to magistrate court judge for the First Judicial District in Boundary County, 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.

Hull brought to Buchanan’s attention that the April trial date provided would violate requirements for a speedy trial; after consulting Moore, Defense Counsel Katherine Bolton accepted a waiver of a speedy trial for Moore.

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.

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.”

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 to Hull and Bolton.

Bolton was upset about remarks Hull made about hampering evidence and voiced her opinion on evidence tampering.

“The idea that I would try to destroy evidence or somehow obstruct justice is outrageous and would never happen,” Bolton said, “So I take great exception to that statement in every regard.”

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.