SOUTH BEND — A resentencing hearing for Devon Moore, 29, who was convicted in 2012 of killing his father, Tim Moore, did not go as he hoped. Pacific County Superior Court Judge Donald J. Richter stood by the original 31-year prison term initially imposed by then-Judge Michael Sullivan.

Moore was convicted via a plea agreement of killing his father on Nov. 2, 2010, while the man was asleep. Moore shot him in the head multiple times with a .22 LR rifle and then loaded his father’s body in a truck, drove to the woods, and buried him.

Tim’s remains were found in early April 2011, and Moore was subsequently arrested and charged with first-degree murder, second-degree murder, second-degree unlawful possession of a firearm, possession of a dangerous weapon, and removing/concealing a dead body.

Moore provided law enforcement with a confession in which he detailed stewing in his room before shooting his father and actions he took to conceal the scene, including destroying evidence in his father’s home — he also admitted to digging a hole, burying his father, and then washing mud off the truck.

Following the killing, Moore went about life as if it were normal, including attending school. Tim’s disappearance perplexed the community. Moore’s mother moved into the home following the disappearance and was not arrested or charged in connection to the murder.

Moore was convicted of first-degree murder and sentenced to 280 months in prison, plus an additional 60 months for a firearm enhancement — he was 16 at the time and was sentenced as an adult.

According to court records, Moore’s resentencing motion is in response to State v. Houston-Sconiers, which ruled that courts must consider a defendant’s “youthfulness” in criminal procedures, including sentencing.

Youthfulness was the center of defense counsel Sean M. Down’s motion to have Moore resentenced to a lighter sentence. The motion also alleged that Moore suffered physical and emotional abuse by his father — which caused brain damage.

“Devon was only 16 years old at the time of the offense,” Dr. Megan Carter states in the motion filed on Dec. 11, 2023. “In addition to his young age, he reported experiencing chronic psychological and physical abuse, further diminishing his functional abilities to engage in higher-order processing such as problem-solving, recognizing the significance of his behaviors, and being able to consider alternative interventions as well as future effects of his decisions and actions.”

Juvenile crime is complicated when it comes to determining its root cause, which can be from a multitude of factors — including mental disorders, impulsiveness, frustration, parenting details, and so on.

During the original investigation, Moore’s peers reported that he never appeared to be afraid of his father, and one friend even stated, “Their relationship was good… Devon was spoiled by his dad.” Another described their relationship as “awesome.”

Pacific County Chief Deputy Prosecutor Daniel Crawford filed a 130-page resentencing memorandum on March 7, 2024, that sought to pick apart the defendant’s motion. He argued that Devon’s actions before, during, and after the crime point to a calculated, merciless killer.

“There is overwhelming evidence in this case that Mr. Moore was not abused by his father, that Mr. Moore was spoiled, and when he did not get his way, made the decision to kill his father, whom by all accounts supported his growth, loved him and wanted him to succeed in life,” Crawford stated in the motion.

The killing came down to one simple trigger — Tim took away Moore’s truck due to bad grades.

Pacific County Superior Court Judge Donald J. Richter gave no respite to Moore, who others noted carried out a senseless killing. Moore still has nearly 20 years left on his sentence, and it’s unclear when he could be eligible for parole.

According to court records, Moore has had 16 documented incidents since being incarcerated, including gang affiliation with the neo-Nazi Aryan Brotherhood, possession of sexually explicit material, a security threat, fraud, possession of a shank, aggravated assault, rioting, and drug use.