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.
- October 12, 2015- "It shows a place of ownership," said Dewey Hoffman with First Alaskans Institute. "Our smokehouse is a metaphor for our communities."
- October 12, 2015- In 2014, Churchill shared her introduction to weaving with an audience at KTOO. She’d been wary as a child, but as a young adult, took a class from her mother, master weaver Selina Peratrovich.
- October 12, 2015- Monday's small claims case between a trapper and a trap springer was supposed to last an hour, but after about two and half hours in District Court, it's stretching into a second day.
- October 12, 2015- Begich urged the young attendees to participate in their communities, to vote and to stay positive. He drew on his own life for illustration.