Sitka Superior Court Judge David George on Thursday declined to set aside earlier findings that one of the Hoonah police officers was actually in performance of his official duties when he was shot over two years ago.
Judge George also denied a companion motion for a new trial to determine whether Sargent Anthony Wallace was actually performing those duties when he was chatting with a colleague’s children on Front Street in Hoonah.
Public defender Eric Hedland filed the motions following last November’s trial in which Marvin was convicted in the murder of Wallace and Officer Matthew Tokuoka. Both were killed during the August 28, 2010 shooting.
Marvin could be sentenced to anywhere from 20- to 99-years for Tokuoka’s murder, but a straight 99-years for Wallace’s murder because the sentence for a first degree murder of a peace officer is defined in statute.
Wallace, although in uniform, was socializing with the Tokuoka family at the time of the shooting. Hedland argued that was not part of his official duties.
Marvin’s sentencing is still scheduled for April 5th.