Moore proclaims innocence in civil countersuit

July 25, 2023

Dr. Daniel Moore

Dr. Daniel Lee Moore’s second-degree murder charge for the March 12, 2020, shooting death of fellow chiropractor Dr. Brian Drake was dismissed by Judge Barbara Buchanan and that dismissal was upheld by the Idaho Supreme Court because of law enforcement’s reliance on an unlawfully obtained confession and failure to produce any other evidence implicating him in the crime.

Despite the dismissal and lack of evidence implicating Moore in the murder, he is now facing trial in a civil suit filed by Drake's wife, Jennifer. In June, he filed a counterclaim, proclaiming his innocence and alleging defamation and intentional infliction of emotional distress.

Drake, whose main practice was in Kootenai County but who saw patients in Bonners Ferry two days a week, was in his office in a suite at 6811 Main Street talking on the phone with his wife after seeing his last patient of the day when a shot was fired through the office window and into his back, killing him.

Moore was arrested on a charge of second-degree murder in August 2020, Jennifer Drake filed her civil suit in November and in March 2021, the case was moved from Boundary to Bonner County and stayed pending resolution of the criminal case against Moore.

The Idaho Supreme Court ruled unanimously to dismiss the criminal charges in August 2022, and the stay on Drake's civil case was lifted January 4, 2023, with a nine-day jury trial set to begin at 9 a.m. January 16, 2024.

In his counterclaim, Moore challenges Drake's assertion that her late husband's practice posed a threat to his, writing, "Moore Chiropractic was a thriving and profitable business before and after Brian Drake began practicing as a chiropractor in Bonners Ferry, Idaho. Brian Drake and Drake Chiropractic never presented any threat to Dr. Moore and Moore Chiropractic’s business success nor cut into their client base in any economically significant way. Indeed, Dr. Moore and Moore Chiropractic had as much work as desired and often more work than desired."

He asserts he never met Brian Drake, that he did not kill Brian Drake, nor did he have any motive to do so. He alleges that at the time of Drake's death, "as Plaintiff well knew, there were multiple people, including herself, with motives to kill Brian Drake, yet Plaintiff has persisted for her financial, pecuniary, and other selfish motives to create a publicly false persona of herself and her late husband ... Notwithstanding the presumption of innocence and right to a trial by a jury afforded to Dr. Moore under our laws and system of justice, Plaintiff has pursued an unrelenting effort to establish Dr. Moore’s guilt in the eyes of the public prior to any proof of his guilt being established in a court of law to garner sympathy for herself, raise money and influence potential jurors in Dr. Moore’s criminal case and in Plaintiff’s case herein ... As Plaintiff well knew, Dr. Moore had no motive and in fact did not kill her husband, but rather was the scapegoat targeted by law enforcement after their inept investigation failed to identify the actual killer of Brian Drake and failed to reasonably investigate Plaintiff, Jennifer Drake’s, own motives, and role in his killing."

The counterclaim alleges that Jennifer, who portrayed her late husband as a good Christian, deliberately withheld from the public that her late husband, "was a philanderer, addicted to pornography, abused alcohol and other substances, had sexually abused her and other women, and had been physically abusive to her and the Drake child(ren).

"As Plaintiff well knew, Brian Drake, her own husband, had drugged her and took pornographic photos of her while she was unconscious. As Plaintiff well knew, her husband, Brian Drake had difficulty in his professional life because he engaged in professionally inappropriate and sometimes sexually inappropriate behavior with patients and members of professional staff with whom he worked, and engaged in extra-marital sexual relationships. As Plaintiff well knew, Brian Drake left his practice in Austin, Texas and the Drake family moved to Idaho after he had an extra marital sexual relationship that tarnished the
image Jennifer Drake hoped to portray of a good “Christian” family."

The counterclaim alleges that Jennifer, who "had secured a $1-million life insurance policy payable to her upon Brian Drake’s death," had many motives to want her late husband dead, that at the time of his death she was on the phone with him, knew his location, knew that his patients who would be witnesses were gone, and could relay this information to the shooter."

He alleges that postings she made on a private Facebook site she created, “Justice for Brian Drake and the Bonner’s Ferry Community,” impugned the honesty, integrity, virtue and reputation of Dr. Moore and exposed Dr. Moore to public hatred, contempt and ridicule by publicly proclaiming that Dr. Moore was guilty of a crime for which he had not yet been tried or convicted and for which he remains innocent under the law."

In March, as the third anniversary of Brian's death approached, a billboard went up on Highway 95 in Coeur d'Alene offering a $10,000 for information leading to the arrest and conviction of Brian's murderer.

Boundary County Prosecutor Andrakay Pluid said the case is still under investigation, though basically inactive pending additional information or leads.

A suit filed in Idaho District federal court in August 2022 by Moore against the City of Bonners Ferry, police chief Brian Zimmerman, assistant chief Marty Ryan, Idaho State Police investigators Michael Van Leuven and Gary Tolleson and John and Jane Doe I-X for violating his rights including those against self-incrimination, the right to counsel and to due process is also proceeding toward trial.