Hoonah defense present their own police practices expert

City of Hoonah attorneys on Thursday called to the stand a retired FBI agent and firearms instructor to refute earlier testimony in a civil lawsuit now being tried in Juneau Superior Court.

Haley Tokuoka-Yearout, in her lawsuit against the City of Hoonah, claims that John N. Marvin Jr. was prompted to kill her husband, off-duty police officer Matthew Tokuoka, because of fellow officer Tony Wallace’s alleged actions and inadequate training. Both Wallace and Tokuoka died after they were gunned down on Hoonah’s Front Street on Aug. 28, 2010.

Former Bellevue Police Chief D.P. Van Blaricom, who testified for Tokuoka-Yearout last week, called Wallace’s activation of the police vehicle’s light bar, chirping of the siren, and use of the loudspeaker “childish.” Moments before the shooting, Wallace had just pulled up behind the Tokuoka truck, and plantiff’s attorneys say that may have inflamed Marvin.

Urey Patrick, who’s now retired from the FBI, was called by Hoonah attorneys to testify as an expert in police practices. He said that such greetings between officers is routine.

“It’s a matter of circumstances and the individual’s judgment,” Patrick said. “Conceivably, there would be times that it might be inappropriate and an officer shouldn’t do it. But where there is no foreseeable harm, it’s a harmless practice.”

Patrick indicated that Wallace’s shining of his flashlight at Marvin’s house likely was to determine whether or not Marvin was rushing at them again.

Patrick was also asked about Van Blaricom’s comments suggesting that officers give Marvin’s house a wide berth or use their vehicles as cover after the Aug. 14, 2009 incident at his house.

“If he were so timid as to think that he could not be in a public place remote from a house containing an erratic individual that he had confrontation with and he had to leave because his presence might irritate or anger that individual, (then) he’s too timid to be a police officer,” Patrick said.

Patrick testified that police are supposed to protect and serve the community.

“A police officer is supposed to recognize and resolve situations, and have the training — as expected — to  deal with risk,” Patrick said. “Law enforcement is not a risk-free environment.”

Patrick speculated what would happen if police were afraid to patrol or enter an area because of the actions of an erratic individual.

Patrick also said that Wallace and Tokuoka exercised “prudent, sound judgment” with the way they handled the visit to Marvin’s home and his alleged assault that occurred one year before the shooting.

Also on Thursday, former Hoonah Police Chief John Millan was recalled to the stand by phone to comment on a memo he wrote to the mayor about allegations that Wallace was not trained up to his own standards. Millan later determined that Wallace actually met state standards and was very eager for more training. Millan considered promoting Wallace to sergeant.

Alaska State Trooper Sgt. Michelyn Pylilo clarified for jurors that another investigator retained a recorded copy of an early interview with Haley Tokuoka. Investigator Andrew Adams, also present for the same interview, testified Wednesday that his tapes were lost.

Sign up for The Signal

Top Alaska stories delivered to your inbox every week

Site notifications
Update notification options
Subscribe to notifications