An Alaska appeals court has upheld the conviction of a Hoonah man who stood trial for shooting and killing two police officers.
John Nick Marvin Jr. was convicted for murdering Hoonah Police Sargent Tony Wallace and Officer Matthew Tokuoka. They were gunned down August 28, 2010, as they socialized with family members on Front Street in Hoonah.
During the appeal, Marvin argued that he was not competent to stand trial in April 2013. He also argues that the trial should’ve been moved out of Juneau because of pre-trial publicity in the case.
In an 18-page opinion issued Dec. 15 by the Alaska Court of Appeals, judges refer to four mental health professionals who evaluated whether Marvin was competent to stand trial.
Marvin was initially found not competent and unable to assist in his own defense. But Marvin was re-evaluated three times by three additional mental health professionals, sometimes two at the same time. They determined Marvin was competent.
The original mental health professional and sole dissenter among the four later determined that Marvin understood what was happening, was capable of assisting his attorney, and was competent to stand trial.
But — because of Marvin’s own delusional grandiosity – he chose to be evasive and unhelpful to his attorney.
Appeals court judges also reviewed numerous news stories by the Juneau Empire and KTOO about memorial services for the officers and the multiple pre-trial competency hearings.
Marvin argued such stories and readers’ comments prejudiced prospective jurors. The trial judge denied motions for a change of venue because he decided the stories about the shooting were not particularly “intensive and inflammatory.”
The appeals court also note that while some of the news stories contained details about the competency hearings and Marvin’s behavior, prospective jurors could not remember such prejudicial details when questioned by attorneys in the case.
Appeals court judges say the trial judge, Superior Court Judge David George of Sitka, was “scrupulous in his jury selection methods” and was prepared to excuse any prospective juror who could remember such details.
Under Alaska court rules, Juneau is the presumptive trial site for felony charges originating in Hoonah.
Now 52 years old, Marvin is serving a 198-year prison sentence at Spring Creek Correctional Center, Seward.
The shooting later spawned a wrongful death lawsuit filed by Tokuoka’s widow. A Juneau jury returned with a verdict in favor of the defendants, the City of Hoonah, during the civil trial in April 2015.
