The Hoonah man accused of shooting two Hoonah police officers to death in August 2010 was declared legally incompetent to stand trial, for now.
Psychologist Dr. Joseph Sperbeck testified Monday that John N. Marvin, 46, is currently unable to assist his attorney in his defense, according to the court notes of Monday’s hearing. Sperbeck described Marvin as being hostile and uncooperative, with paranoid personality traits.
However, there is a high likelihood Marvin’s competency can be restored within three to six months, possibly with the help of medication, Sperbeck said according to the court’s notes. He was deemed legally competent in multiple areas, Sperbeck indicated.
Sitka Superior Court Judge David George said that the preponderance of evidence suggests Marvin is presently legally incompetent and committed Marvin to Alaska Psychiatric Institute for competency rehabilitation.
That issuance puts a hold on all other proceedings in the case until early April, when the court will hold a review hearing in the case.
George did not order any forced medication, but said the court may have to deal with that at some point, court notes indicate.
Marvin’s trial competency can still be determined later during his commitment at API, at which point the court would hold a hearing to re-set the trial date.
A trial date had been set for Jan. 30 back in October of 2011.
Marvin faces first-degree murder charges in the deaths of Anthony Wallace, 32, and Matthew Tokuoka, 39. He is also charged with weapons misconduct.
In September, three expert witnesses testified on whether they believed Marvin was legally competent to stand trial. One determined he was, one determined he was not, and the third, Sperbeck, evaluated Marvin for culpability and not competency.
George, Public Defender Eric Hedland and District Attorney David Brower all agreed then to ask Sperbeck to evaluate Marvin over a set period of time, and use that evaluation as the determining factor. They believed the two environments of the other evaluations contributed to their outcomes.
Sperbeck said Monday that Marvin was refuses to cooperate and cannot make it through a 15 minute interview due to his hostility and evasiveness. A comprehensive and detailed interview with psychological testing is necessary to determine his competency, he said. It was noted in court Marvin had fashioned a knife-like blade out of foil at API, although he didn’t assault anyone and stayed to himself.
George scheduled the next hearing within 90 days on April 6.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.




Comments (15)
Add commentI got the impression that
I got the impression that this guy was over the edge mentally. That's probably why he shot the two officers in the first place. Nonetheless, he should be kept under lock and key until he is competent to stand trial. If his mind doesn't clear up, he should be kept locked up.
I am sorry, I know innocent
I am sorry, I know innocent until proven guilty. He was known to be the shooter, was a baricaded subject, alone and had the gun. How much time and money is going to be wasted on this guy. There needs to be some sort of express lane for cases like this. I don't think anyone in Hoonah. Cares how competent he is. He was competent enough to slay two police officers.
Hmmm....I suppose..
One could certainly make the case that anyone who shoots another person in cold blood is mentally unbalanced. I thought competency focused on whether the person knows right from wrong. Evasive, paranoid, or not - I'm guessing there are very few foks who truly do not know right from wrong.
No Capital Punishment Here...
@fireguy: "How much time and money is going to be wasted on this guy?" Well considering this state does not have capital punishment, we'll probably spend money on him for the rest of his life.
Competent
I don't know this person but I heard he was trying to get help from a well-known clinic and they did not help him. I feel very sorry for the safety officers and their families, and I feel sorry for this man.
@youdon'tknowme
it's actually cheaper for states that don't have capital punishment. the appeals process is extremely expensive and lengthy. there is no cheap option here...
Call him out
This guy shot two officers in cold blood, period. What's the outcome?? Whether he was crazy or not is of no importance. He shot and killed in cold blood. What are we going to do, rehab him and say all is okay and release him back into society? No, we have death sentences for a reason and they should be enforced. Electric chair or a hanging at sunrise, you pick.
Uh, no Jim...
We DON'T have death sentences in Alaska. State's rights, and this state decided. Do you have a problem with states having the right to choose?
When does one decide that a guy is too mentally defective to be punished for his crime? What if he was a Vet who had sustained brain damage from an IED, and heard voices was divorced from reality? Would justice be served by locking him up as a criminal, or executing him?
Anyone who's a menace to society needs to be dealt with to protect us, but do they deserve to be punished?
I knew both officers, and this A hole
yes he is crazy!!!! I am from Hoonah, i worked with this nut case and I was really good friends with tony, and Matthew! this crazy a hole needs too be locked up for the rest of his life!! and Latitude58 to my knowing he was not a vet but that dont mean anything I am a vet! I know friends that been hit by IED's and NO they are nothing like this A-hole!!! this A-hole needs to rot in hell!
Of course he's incompetent,
Of course he's incompetent, of course he's mentally ill. Nobody sane would do this. So why is that an excuse to treat him with kid gloves? Hell, he shot those two officers in a cowardly act of cold blooded murder. He deserves nothing less than a bullet to the brain (if they can find it). He's violent and will NEVER change. Don't drug him, shoot him so the families of the officers can get closure and save tax payers $$! Those families will continue to pay taxes to help this POS, that's injustice upon injustice.
this guy and the excuses make me want to barf
I have a relative on the swat team who had to go to hoonah during the standoff after he had already killed to cops there. he is not only insane but dangerous and I think he should be put out of his misery like the dog he is. I saw comments from his relatives and I don't care who's cousin he is, he killed two people in cold blood. let God judge him.
http://www.theatlantic.com/he
http://www.theatlantic.com/health/archive/2012/01/andrew-cuomo-faces-a-f...
Just the drugs for carrying out the death penalty are enough to keep a guy locked up for a year. Throw in the appeals and all that other fun legal stuff and you'll all come to the conclusion that it's cheaper to keep a person in prison for life than to do an execution.
I love how certain people
I love how certain people can't contemplate more than two outcomes: killing the man (in a state with no death penalty) or doing nothing and setting him free.
The irony of advocating a "bullet to the brain" when you probably couldn't figure out where on the human body it is...
I also find it interesting that some people think murder is okay some of the time.
Too bad
Too bad that he isn't in a bigger prison like the ones down here. He'd be shanked and no one would suspect a thing.