Suspect competent to stand trial, prosecutors claim strong case

BONNERS FERRY — Daniel Moore has been deemed competent to stand trial, and the prosecution claims a strong case due to his confession and suicide attempt.

Moore has been 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.

A distraught Moore made no comments at a Sept. 24 court hearing, and defense counsel Katherine Jill Bolton spoke solely on Moore's behalf.

Drake and Moore's family members viewed the hearing via zoom video conferencing software; Moore and prosecutor Tevis W. Hull were present in the courtroom.

Bolton requested a full day for the preliminary hearing because she anticipates a lengthy hearing to discuss witnesses and other findings.

The hearing began discussions over the concern of Moore's chiropractic office computers being confiscated. The defense requested the return of the computers after a delay over recovering data.

The argument was made that Moore's financial livelihood is at stake because he can't conduct his business. First District Magistrate Judge Justin W. Julian did not fully agree with the defense's concern.

"It's hard to see where the seizure of these computers has interfered with his ability to conduct business because he's not in a position to do that even if the computers were in his office as we speak," Julian said.

"They have deprived him of his livelihood in the community, they have ruined his reputation in the community," Bolton said. "We object to them holding on to this evidence this long."

The defense counsel requested a bail reduction because Moore's bail was initially set to $1 million and is not within the Moore family's means.

Bolton argued that a bail bond at that level is excessive and would keep Moore in jail until the case is resolved.

The argument followed up with Bolton saying that prosecutors have the wrong person. Two eyewitnesses at the scene identified someone of middle eastern descent running from the scene.

Bolton suggests that in a photo array conducted, Moore was not identified as the suspect, even suggesting that the coerced confession can exonerate the defendant.

"In his possession and still not disclosed to us is a record of a recorded confession by Dr. Moore," Bolton said, "We believe will completely exonerate him."

Bolton made a request for Moore to be released on his own recognizance because of the lack of criminal history, suggesting an ankle monitor and reduction if not own recognizance.

Hull disagreed with Bolton's claim about having the wrong person in custody, stating that a person was released from custody after confirming that it was not the person.

"There was an individual that we had suspected but had been in the location for a different reason," Hull said.

According to Hull, law enforcement offered to provide counsel and read Miranda rights. Moore continued to give information that put him at the scene but corroborated other information law enforcement had regarding the death of Drake.

Hull expressed his concerns for providing a bond for Moore because of a gas leak in Moore's chiropractic office and that Moore had attempted to commit suicide.

Investigators noted a precise manipulation of the gas unit. Moore was discovered and rescued by Bonners Ferry Coroner Mick Mellett.

There was an agreement that an ankle monitor, travel restrictions, cash and a surety bond would require Moore to promise to be liable for the debt.

"We have a very vicious and cold-blooded crime here for no reason that would make any sense except for the one who did it."

According to Julian, Moore helped with the case and went down to a location on the Kootenai River and showed them where he threw the murder weapon.

"Moore did give a specific confession to the crime, discussed with law enforcement why and how he did it," Julian said.

The motion for the bail reduction was deferred until the end of preliminary hearings with a better understanding of evidence. It will reduce the bond to $500,000.

A preliminary hearing will begin on Oct. 2.