United in tragedy, divided in court

Haley Tokuoka-Yearout and Debbie Greene hugged after the jury returned with a verdict in the wrongful death lawsuit and the courtroom had largely cleared out on Monday afternoon. But, for Greene, the embrace did not mean all was forgiven.

“It was just a gesture,” Greene said. “There will always be hard feelings for what she’s done to me.”

Listen to Debbie Greene talk about the civil case after the jury returns with a verdict:

 

Just over 4 years ago, Greene and Tokuoka-Yearout were united in grief and supported each other after their mutual tragedy. Greene watched as her son, Tony Wallace, a Hoonah police officer, was gunned down on Hoonah’s Front Street. Tokuoka-Yearout — then just Haley Tokuoka — watched her husband Matthew Tokuoka die in the Hoonah clinic. He was also shot while trying to help his wounded colleague and friend. The mutual support and the bond that developed between the two women all changed when John N. Marvin Jr. was convicted of murdering both officers and Tokuoka filed a wrongful death lawsuit against the City of Hoonah.

Tokuoka-Yearout argued that Wallace’s alleged lack of training and his actions provoked Marvin into shooting both men. She also claimed at least $3 million in damages stemming from the shooting, mostly in the form of lost wages.

Over the course of a two week trial in Juneau, jurors heard conflicting testimony about Wallace’s alleged use of a police vehicle’s overhead light bar, loudspeaker, and chirping of a siren during a pretend traffic stop of the Tokuoka family vehicle just before the shooting. Greene was on a ride-along with Wallace the night of the shooting while Tokuoka was with his wife and two young children before going on duty.

Jurors also heard testimony about Wallace briefly shining his flashlight at Marvin’s house.

To provide context to the shooting, defendants spent a significant amount of time presenting evidence of an incident between Marvin and the two officers almost exactly a year earlier. Tokuoka and Wallace wanted to talk to Marvin at his house about a trespass complaint, but he allegedly assaulted both officers and they ended up using Tasers to subdue him. Charges in that case were eventually dropped and Marvin was released after serving time in jail.

On Monday afternoon, the jury returned with a verdict in the civil case.

“Did the shooting of Matthew Tokuoka arise out of and in the course of employment as a police officer?” said the jury foreman as she read the special verdict form. “We did answer that as ‘yes.’ And we’re directed that if the question number one was ‘yes,’ that we do not answer any further questions on this form.”

That first question on the verdict form was important because Tokuoka-Yearout already received a workers compensation payout.

During individual polling of the jury, one juror said the verdict was the decision of the jury, but not his own decision. Only 10 out of 12 jurors were needed to agree in this civil case.

Haley Tokuoka-Yearout, who now lives in Juneau, left the courthouse without talking to reporters, but her attorney Jon Choate said they had hoped it would go differently.

“We certainly are disappointed,” Choate said. “We disagree with the jury’s decision. We are thankful and respectful of their service.”

Listen to Tokuoka-Yearout attorney Jon Choate talk about the civil case after the jury is excused:

 

Choate moved for a judgement against Marvin, but he conceded that it’s unlikely they would recover any damages from him.

“Probably not,” Choate said.

Greene, who now makes her home in Hoonah and works as a dispatch supervisor, served as a representative for the defendants, the City of Hoonah, and testified for them.

“I felt like just a ton of weights been lifted off of me,” Greene said. “Just know that Tony was proven that he did nothing wrong. Him and Matt were good friends.”

Greene said the verdict affirms her son’s professionalism, although the jury really did not get the chance to specifically address that issue. Jurors needed to reach a different verdict for the first question to advance through a series of more questions in a four-page special verdict form. The unanswered questions focused on whether the shining of Wallace’s flashlight at Marvin’s house was an investigative act or an act of negligence with someone believed to be emotionally disturbed and unpredictable. Jurors then would’ve determined whether Tokuoka-Yearout suffered any emotional distress, how much damages to award to her and Tokuoka’s four children, and how to divide fault between Marvin and the City of Hoonah.

Choate said they not sure what’s next.

“There’s always the possibility of appeal,” Choate said. “We have to look at the case, review our records, and decide whether that would be appropriate. And, if so, what decisions specifically and the issues we would appeal.”

Greene said Tokuoka-Yearout’s testimony destroyed any relationship they had.

“That’s not what happened that night,” Greene said in response to a question about Tokuoka-Yearout’s claim that Wallace activated his siren and loudspeaker in addition to the police vehicle’s light bar. “None of that happened. No. None of that was true.”

“I hope she can live with what’s she’s done to me,” Greene said. “I’ll just keep praying for her. I hope she finds peace someday.”

Marvin is serving a 198 year sentence for the murder of Tokuoka and Wallace. His criminal case is currently on appeal.

Marvin made an appearance during the civil trial in Juneau, but he declined to testify after invoking his right against self-incrimination.


Previous stories from the civil trial:

Hoonah trial testimony focuses on officer training

Police expert criticizes Hoonah officer’s actions before shooting

Officer’s widow, Hoonah shooting witness takes the stand

Hoonah officer’s mother disputes details of pretend traffic stop

Witnesses to Hoonah shooting, standoff remember earlier encounters with convicted gunman

Hoonah defendants recap earlier assault on officers

Jury deliberating Hoonah wrongful death case

Jury deliberations in Hoonah civil case continue

Jury declines to award damages to Hoonah officer’s widow, children

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