The father of Breanna Moore filed a lawsuit Thursday against her killer and his parents, claiming they should have done more to prevent her death.
Butch Moore is suing the Almedas – Joshua and his parents Phillip and Shannon. Joshua murdered 20-year-old Breanna Moore in the Almedas' Hillside home on June 26, 2014.
Joshua Almeda was sentenced in April to 75 years in prison on a charge of second-degree murder. Testimony and police reports said Almeda was drunk when he shot Brenna Moore through her forearms and face.
The lawsuit briefly recounts the murder and goes into further detail about Joshua Almeda's criminal record, as well as his parents' alleged knowledge of his issues with substance abuse and his abuse of Breanna Moore and prior girlfriends.
Among the lawsuit's allegations against Phillip and Shannon Almeda:
- The parents sought to protect Joshua Almeda from criminal and civil liability even when doing so placed others at risk.
- They withheld or concealed Joshua's violent tendencies from Breanna and her parents.
- And their misconduct "created a high degree of risk of physical injury or death to Breanna," the complaint says.
Phillip and Shannon Almeda declined to comment for this story. Butch Moore did not return a request for comment as of publishing.
The court document details the rap sheet of Joshua Almeda, which includes convictions for driving under the influence, vehicle theft, weapons misconduct, resisting arrest and drug possession. In most cases, alcohol was a factor, court records show.
The suit presents his previous run-ins with the law as a road map leading to the death of Breanna Moore. But it further asserts there were incidents involving Breanna that went unresolved.
Butch Moore alleges that in March and May 2014, Joshua Almeda assaulted Breanna Moore, who remained at the Almedas' house after the first incident and went to work with a black eye after the second, only to return to the Almeda home after spending a short time at work.
Phillip and Shannon Almeda never told Breanna Moore's parents or the police about the assaults, according to the complaint.
Those incidents and Joshua Almeda's continuing alcohol abuse persisted due to his parents allowing him to live in a private space in their home; the space allowed Joshua Alemda to have a gun despite prior convictions prohibiting him from doing so, Butch Moore alleges.
That privileged privacy is questioned in the complaint due in part to a prior violent assault Joshua committed against another girlfriend in May 2013.
In the charging documents, police said Joshua Almeda had been drinking when the assault occurred. The girlfriend went to Almeda's parents for help. Police showed up the next day and found bullet holes in the girlfriend's house and window and her car door.
"While at the (girlfriend's) residence, Shannon cleaned up blood from the scene. Shannon and Phillip then took Joshua to their home without calling the police," the complaint says. Phillip allegedly found the revolver used in the assault, emptied its chamber and moved it.
Later that year, Joshua Almeda was acquitted on four charges.
During Shannon Almeda's sentencing testimony in the Breanna Moore murder case, she said she and Phillip had set rules for their son to follow at that time. They had no idea he was continuing to drink or that he had a weapon, she said.
"We did have boundaries in our home," she said.
The complaint alleges the Almedas knew Joshua had a handgun and other weapons, having fired one or more of them recklessly on their property and elsewhere. It also says they knew or should have known he had the weapons and regularly was drinking alcohol at the home.
Ending the complaint, Butch Moore accuses Shannon of once again interfering with evidence – this time relating to the death of his daughter. He says she failed to immediately inform police about the murder. She tried to alter the crime scene to protect Joshua Almeda, according to the complaint.
Shannon or Joshua moved the body of Breanna Moore, the complaint says, adding she allowed her son to clean himself up and she helped hide evidence. She decided to call 911 after Joshua "became emotionally unstable and posed a threat to her," the complaint says.
The complaint says Butch Moore is seeking general damages in excess of $100,000.