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.
- The vote allows road projects and other construction to move forward. It was the only piece of business for the six-hour special session.
- Derek Sikes is an associate professor of entomology at the University of Alaska Fairbanks and insect curator at the Museum of the North. He said populations of various types of bugs can vary widely from year to year.
- Federal authorities are charging a Utah man in the murder of his wife aboard a cruise ship off the coast of Southeast Alaska. Kenneth Ray Manzanares, 39, of Santa Clara, Utah, is charged in the death of Kristy Manzanares, who died Tuesday.