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.
- The House and Senate will likely form a conference committee to resolve the differences between the chambers’ different versions of the bill.
- British Columbia’s top auditor says the province has failed to protect the environment from mines and mineral exploration projects.
- “Companies are looking to make investments, they need some degree of certainty, and there is nothing but uncertainty right now in the Alaska oil and gas industry,” an AOGA representative said.
- Facebook comments predict inevitable death and abuse. But no one knows what’s going to happen.