Judge ponders decision in Moore civil case

SANDPOINT — A judge has taken under advisement on the amount of damages to award the family of a Coeur d’Alene man killed in a 2020 shooting in Boundary County.  

No date has been set for when First District Court Judge Susie Jensen will rule on the amount of damages owed to the family of Brian Drake, who was shot and killed in a late-night shooting March 12, 2020, in Bonners Ferry while working in his office.  

The Jan. 29 hearing to determine the amount of financial compensation follows a pre-trial hearing in which both parties agreed to enter default judgment against Daniel L. Moore and Karen Moore on behalf of the man’s widow, Jennifer Drake and their minor children.  

In a summary judgment ruling, Jensen found the Moores to be at fault for Drake’s death, agreeing with all four counts of liability claims made by the man’s family: wrongful death for willfully causing the death of Brian Drake, estimated at $1,874,563; intentional infliction of emotional distress for intentionally inflicting emotional distress on plaintiffs; inapplicability of limitation on the award of non-economic damages for recklessly and maliciously causing the death of Brian Drake; and punitive damages for the disregard of likely consequences. Instead of ruling from the bench, Jensen took evidence presented at Wednesday’s hearing under advisement. A ruling will be issued at a later date.  

“I understand that punitive damages are not favored under the law, but I think they are appropriate as a deterrent for others to prevent similar conduct in cases such as this, where the actions were malicious,” Jensen said. “They were outrageous, they were egregious, they were extremely reckless.” 

Moore’s criminal case — charging Moore with second-degree murder for the killing of Brian Drake — preceded the beginning of the civil suit. Moore was taken into custody as a suspect for Drake’s murder, with evidence suggesting probable cause. Despite evidence and witnesses, the courts ruled that Moore’s Miranda rights were violated during a conversation with BFPD Assistant Police Chief Marty Ryan after Moore continued to be questioned after requesting an attorney. During this time, Moore allegedly confessed to murdering Brian Drake.

That alleged confession was thrown out after the courts ruled Moore’s Miranda rights were violated, prompting the criminal case to be dismissed. The case was appealed to the district court, the state court and the Idaho Supreme Court, all of which made a motion to dismiss the case. This caused insufficient evidence for probable cause and the dismissal of Moore’s alleged confession. 

During the criminal trial, before Moore filed a motion to suppress evidence, Nov. 11, 2020, Jennifer Drake sued the Moores on behalf of the Drake family. In return, the couple filed a countersuit in the civil case a month later, claiming defamation, tortious interference with prospective economic advantages and intentional infliction of emotional distress. The claims led to a long-standing, four-year legal dispute that set the stage for the Jan. 29 hearing.  

“I know he [Daniel] does not want to be given the verdict of guilty. I don't believe that there is any coincidence that he gave up just days after NBC Dateline put in their request for the canvas. I believe they did not want the truth to be shown on every TV in every family room. I think that even after he killed Brian, he and his wife moved to Mayor Island, Fla.,” Drake testified. “They hid all their assets in the one state where no judgment can even reach them. They have meticulously researched every loophole, and they have taken us on a chase for five years to find our one day in court. They have tried to negotiate with me. They have tried to settle with me, and all I want is the truth to be out.”