The Paul Moore trial: Who moved the truck?
During defense attorney Linda Parisi's opening statement on Aug. 8, she said Roberto Ayala's truck at the site of the bomb explosion killing Ayala had been moved about 11 feet between when the explosion occurred and when officers arrived at the scene.
She said she will argue that during the time of the explosion, Paul Moore was in Grimes, about eight miles away, having lunch with his father.
"Only one person could move the truck, and that's the same man that planted the bomb — Peter," Parisi said last week in Sacramento County Superior Court, where the trial was moved.
The prosecution has been building its case over the last week and a half with witness testimony, but Parisi has taken the opportunity during cross-examination to ask witnesses, including Roberto Ayala's son, Fabian, about the truck.
In response to a series of questions brought by Colusa District Attorney John Poyner, Fabian said on July 16, 2011, his father took him to lunch in Colusa and they drove in a truck to a rice field so his father could turn off a water pump.
Fabian, who was 7 years old at the time, waited in the truck for his father.
Then "a big explosion" happened, Fabian testified.
"Glass came on my pants and right here," he said as he pointed to his wrist. "I yelled out his name. Then, when I thought he wasn't answering, I went for help."
Poyner asked Fabian why he didn't reach for his father's cellphone.
"Because his shirt was on fire," he said.
Fabian then ran two miles before reaching a farmhouse on Wescott Road where a resident called 911.
"When you got out of the truck, did you try to move the truck?" Poyner asked.
"Yes," Fabian said.
During cross-examination, Parisi asked Fabian, "(Police officers) asked if you moved the truck and you said no, right?"
"I don't really remember what happened that day," Fabian said.
She said that his memory was probably better the day of the event than now.
She said, "You were only 7. You didn't know how to move a truck."
"Yes," he said.
Fabian then said that there was another truck on the levee in the distance and he tried to yell toward it for help, but it was too far away.
Jeff Winters, fire chief of the Sacramento River Fire District, was the first responder to the scene, responding to a 1:24 p.m. call of a "possible burn victim."
Winters said that once he found the site of the victim, he extinguished the fire in the grass and on the victim and determined the victim was dead.
He said the pickup was running, and he "turned the truck off, removed the keys and placed them on the seat."
Winters testified that broken glass on the ground from the passenger broken window did not line up with the passenger door, indicating that the truck had been moved.
David Wilkins, who was a deputy sheriff for Colusa County at the time of the incident and responded shortly after Winters, testified that "there was a piece of glass that appears to be from the window in the tire tread."
He confirmed that the glass appeared to be about 11 feet from the center of the window to the center of the broken glass and that if the truck had not been moved, the glass "would have been right outside the door."