The sentencing of John Nick Marvin, Jr. has been moved to April 5th.
The Hoonah man, convicted during a jury trial last November of killing two police officers, was to be sentenced Feb. 1st. A presentence report was due late last month.
Sitka Superior Court Judge David George acknowledged on Tuesday that he made a verbal request of the Probation Department for a report on Marvin. But a written order was never issued.
It normally takes sixty days to draft such a report.
Both the prosecution and defense are usually allowed sufficient time to review the report before formal sentencing. Judge George will likely consider the report’s findings before handing down a sentence. Marvin will serve 99-years for the murder of Sargent Anthony Wallace and he could be sentenced to between 20- and 99-years for the murder of Officer Matthew Tokuoka.
Meanwhile, Judge George says he’s preparing to issue a decision on a motion for a new trial. Marvin’s defense attorney wants a trial to determine whether Wallace was actually in the performance of his official duties during the August 2010 shooting. Wallace was in uniform and on patrol in a department vehicle while Tokuoka was off-duty and not in uniform. The outcome of such a new trial could mean as much as 79-years taken off of Marvin’s potential sentence.
- Canadian timber company refuses to do business in Haines after the Haines Borough demanded the company pay a sales tax.
- Homeless shelters are being filled beyond capacity as more people get pushed out of homeless camps towards social services.
- Authorities re-routed traffic on Egan drive for a half hour after a two-vehicle collision Saturday.
- A French ship docked in Unalaska is bound for Nome, where the crew will lay fiber optic cable.