Judge Barbara Buchanan this morning issued a memorandum decision and order granting the dismissal of a charge of second-degree murder against Bonners Ferry chiropractor Dr. Daniel Lee Moore, two days before his 64th birthday.
Moore had been accused of the March, 2020, shooting death of fellow chiropractor Dr. Brian Drake, killed by a single shot fired through his Bonners Ferry office window as he was talking to his wife on the phone after finishing work for the day.
Defense attorney Jill Bolton made motion to dismiss April 14, contending that magistrate judge Justin Julian based his findings on probable cause solely on inadmissible evidence.
“The only evidence presented at the preliminary hearing tying Moore to Dr. Drake’s death was an August 27, 2020, videotaped police interview,” Buchanan wrote. “On February 12, 2021, this Court issued a Memorandum Decision and Order suppressing virtually the entire interview based on the officers’ failure to cease questioning Moore after he invoked his right to an attorney.”
On February 12, Buchanan granted a defense motion to suppress, finding that assistant Bonners Ferry Police Chief Marty Ryan and other investigators persisted in questioning Moore after he had asked for an attorney.
“Because this Court has found that Moore’s statements were involuntary and in violation of his right to an attorney, Moore’s incriminating statements were not admissible at his preliminary hearing. Therefore, there is no admissible evidence in the record to establish that Moore committed the crime for which he stands charged.”