Man accused of beating SLO woman facing life in prison

March 17, 2016

A San Luis Obispo judge has ruled there is enough evidence to try an Atascadero man for attempting the premeditated murder of a 20-year-old San Luis Obispo woman. The woman survived a brutal beating on Sept. 11 that could result in a third strike and life in prison for the defendant. [Tribune]

Derrick Robert Moore, 26, allegedly confronted the woman before 7 a.m. as she was leaving her apartment near Cal Poly. Moore allegedly tried to attack the woman with a stun gun, then repeatedly punched her and strangled her.

The victim reportedly fought off Moore by using a small knife on her key chain to jab at his right side. The woman’s roommate witnessed the attack and called 911.

Police found the victim covered in blood outside the apartment. She suffered a broken nose, lacerations to her face, abrasions to her neck and injuries to her hands.

During a court hearing Wednesday, the victim testified she still suffers back pain from the attack. The victim also said she did not know Moore but had previously seen him loitering in her apartment complex parking lot and had called police on one of those occasions.

Prosecutors say the victim would not have survived the attack had she not pulled out the knife. Deputy District Attorney Fabiana Fede argued Moore showed specific intent to kill the woman. Fede said Moore grabbed the woman’s neck multiple times, nearly causing her to lose consciousness.

Moore’s attorney, Patrick Fisher, argued his client was not trying to kill the woman. Rather, he was trying to rob her, Fisher said.

Officers testified that police found Moore’s car in the apartment complex parking lot with the engine still running and the trunk open slightly. Officers also found a five-inch knife in the center console.

At the conclusion of the hearing, Judge Jacquelyn Duffy said testimony showed probable cause of Moore’s intent to kill the victim. Duffy cited testimony on Moore loitering in the area and leaving his car running, as well as the violence he displayed.

In addition to a count of attempted first-degree murder, Moore faces charges of first-degree residential burglary, assault resulting in great bodily injury and assault with a stun gun. The charges carry enhancements for using a deadly weapon, inflicting great bodily injury and committing a serious offense within five years of a prison term.

Moore has two prior convictions for a 2009 burglary and attempted burglary. Deputy District Attorney Lee Cunningham said Moore will face life imprisonment under California’s Three Strikes Law if he is convicted of any of the charges he is currently facing.