The sentencing of John Nick Marvin, Jr. has been moved to April 5th.
The Hoonah man, convicted during a jury trial last November of killing two police officers, was to be sentenced Feb. 1st. A presentence report was due late last month.
Sitka Superior Court Judge David George acknowledged on Tuesday that he made a verbal request of the Probation Department for a report on Marvin. But a written order was never issued.
It normally takes sixty days to draft such a report.
Both the prosecution and defense are usually allowed sufficient time to review the report before formal sentencing. Judge George will likely consider the report’s findings before handing down a sentence. Marvin will serve 99-years for the murder of Sargent Anthony Wallace and he could be sentenced to between 20- and 99-years for the murder of Officer Matthew Tokuoka.
Meanwhile, Judge George says he’s preparing to issue a decision on a motion for a new trial. Marvin’s defense attorney wants a trial to determine whether Wallace was actually in the performance of his official duties during the August 2010 shooting. Wallace was in uniform and on patrol in a department vehicle while Tokuoka was off-duty and not in uniform. The outcome of such a new trial could mean as much as 79-years taken off of Marvin’s potential sentence.
- As the United States approaches the 16th anniversary of military operations in Afghanistan, thousands more troops are readying to deploy. One of the units heading there is the airborne infantry brigade based at Joint Base Elmendorf-Richardson in Anchorage.
- Advocates on the left are cranking up the pressure on U.S. Sen. Lisa Murkowski to vote against the latest bill to repeal the Affordable Care Act.
- A new ethics complaint has been filed in relation to Homer’s recent recall election. Three Homer City Council members were up for recall in June, but all three retained their seats. The complaint argues that the council members should have recused themselves from certifying the election results.
- The girl, 12, has been able to communicate with emergency crews, and she has wriggled her fingers for them through the wreckage at the Enrique Rebsamen School, south of the capital.