P. v. Moreno CA5
Defendant Raul Diaz Moreno sexually abused his adopted daughters, S.M. and B.M., over the course of many years. Eventually, S.M. moved out. When S.M. was 19 years old and B.M. was 17 years old, B.M. sent S.M. a message reporting that she was being sexually abused by defendant. S.M. went with her boyfriend, her newborn daughter, and two companions to retrieve B.M. from the family home. Eventually, B.M. exited the residence, followed by defendant. As S.M., B.M., and their companions walked toward their vehicles, defendant shot S.M. in the back of the head; shot S.M.’s boyfriend in the ribs, shoulder, and back; and shot B.M. in the leg. Defendant pointed the gun at S.M.’s other two companions and pulled the trigger, but the gun failed to fire. When law enforcement arrived, defendant fired an additional two to three shots from inside the residence. Defendant surrendered to law enforcement a few hours later. All victims survived the shooting.
A jury convicted defendant on three counts o
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