Attorneys delivered closing arguments Thursday afternoon in the John N. Marvin Jr. murder trial, and the jury will begin deliberating Friday morning.
Marvin, 47, is charged with two counts of first-degree murder, and weapons misconduct, and he could receive life in prison if convicted. He is accused of fatally shooting two Hoonah Police Department officers in 2010.
District Attorney David Brower closed the case as he began it — by playing an audio clip of the police scanner traffic, wherein a woman screams, “OFFICER DOWN, OFFICER DOWN.”
The jarring recording once again prompted tears from family members of the slain officers, who have been sitting in the gallery of the courtroom watching the trial, including the woman screaming over the police radio, Deborah Greene. Greene is the mother of Sgt. Anthony Wallace, and she was present when her son and his work partner, Officer Matthew Tokuoka, were gunned down on the main street of Hoonah on Aug. 28, 2010.
Also in the courtroom were Juneau Police Department officers, who wanted to show their support to the victims and their families. JPD and other agencies went to Hoonah to assist in arresting Marvin, who had barricaded himself in his home. Marvin surrendered peacefully after 36 hours when law enforcement volleyed tear gas into his home.
Brower says Marvin fulfilled a grudge against police, who had arrested him the year prior, by shooting the two officers in cold blood from the second-story window of his home. The officers and family members were socializing in a parking lot across the street and a couple houses down from Marvin’s home. Wallace was in uniform, on-duty and in a marked police vehicle, while Tokuoka was off-duty, in plain clothes, and with his wife and children in a personal vehicle.
One of the state’s witnesses during the trial, firearms identification expert Robert Shem, testified one of the bullet fragments lodged in Tokuoka’s body and another bullet found at the shooting scene were from a rifle seized from Marvin’s home.
Brower showed the Browning BAR 7 mm rifle with a scope to the jury for the last time, hoisting it and saying, “This is the one that killed Officer Wallace, and this is the one that killed Matthew Tokuoka.” Brower hoisted it up a second time a few minutes later, and added, “A type of gun that people use for hunting large game, Mr. Marvin used to kill two people.”
Proof that Marvin intentionally shot the two officers that day could be found in the two bullet holes in Tokuoka’s T-shirt, located right next to each other, Brower said, panning the T-shirt to the jury.
“Who can shoot like that?” Brower asked, saying testimony showed Marvin was a skiller shooter. “Mr. Marvin can. He used to be a seal hunter, he hunted in boats, he hunted from the beach. He shot seals. That’s some precision shooting.”
Brower says Marvin used a rifle rest to take aim at the officers from his window, and added, “If you look at the precision shooting in Tokuoka’s shirt, there should be no doubt that he intended to kill Officer Tokuoka, and in fact, did kill Officer Tokuoka.”
Public Defender Eric Hedland said during his arguments that there is no doubt in anybody’s mind that two people are dead who shouldn’t be, and that the pain and loss that the families have endured was excruciating. But Marvin was innocent, he said. He pointed out holes in the state’s second-story window theory.
“If the person who shot Officer Wallace shot from the second-story, from this perspective of the south window of Mr. Marvin’s house, why is it that the bullet found in Mr. Wallace’s back went up from right to left?” Hedland asked. “If the person who killed Officer Wallace and Matthew Tokuoka shot from this perspective, from the second-story window of John Marvin’s house, where are the spent casings? If the person who killed those individuals shot them with a 7 mm Browning rifle, why was there no gun powder in the bore?”
Hedland said the only reason police suspected Marvin in the shootings was because he fit the profile, and because of the close proximity of Marvin’s house to the location of the shootings.
“The suggestion is an ambush — an ambush to fulfill a grudge,” Hedland said. “If that’s the case, why this day? Mr. Marvin, the (prior 2009 arrest) incident happened a year ago, and had been out of jail for nine months. Why this day?”
Hedland said testimony during the trial showed that police had “zero” information about who the shooter was at the time of the shootings, but at some point shortly thereafter the then-police chief and a reserve police officer came up with the theory that Marvin was the sole suspect.
Hedland added the state’s case was based on circumstantial evidence, and that no one saw Marvin shoot the officers. He asked the jurors if it was implausible that someone else shot the officers, especially given that the scene was unsecured and not being watched for approximately 10 to 20 minutes after the shootings as the wounded officers were being driven to a local clinic.
Hedland also called into question the credibility of the state’s firearms identification expert, who testified that he does not have an error rate and that he has never incorrectly identified a bullet or firearm despite being in the field for 32 years, so far as he knows.
Hedland argued law enforcement’s efforts to recreate the crime scene was not precise, and testimony showed Marvin never threatened police before or made any kind of manifesto.
Hedland noted just because Marvin was a “good shot” does not mean he killed the police officers. He pointed out it’s not unusual to have guns in the home or to be a good shot in rural Alaska, especially Marvin who, testimony showed, had a traditional Native upbringing and hunted to subsist.
Hedland said the shootings brought “unimaginable horror” upon the small village of Hoonah and the victims’ family members. It was especially horrible because family members were present at the time and watched the officers being shot.
“We think that something that bad will never happen to us, right?” Hedland asked the jury. “But that is not a reason to convict somebody.”
The judge presiding over the trial, Sitka Superior Court Judge David George, read aloud the charges and instructions to the jury a little before 6 p.m. An alternate juror was also picked at random to be dismissed. The 12 remaining jurors are scheduled to begin deliberating Friday at 9 a.m.





Comments (14)
Add commentgunpowder?
That's a new piece of information.
Would this guy have had the presence of mind to clean his rifle immediately after shooting two cops? I think not.
This is a tough case for the prosecution. Their evidence rests on one bullet fragment. I think the intact bullet that's being referred to was the one found on the ground by a citizen during the community vigil - pretty dicey as evidence.
How can a guy fire off several shots from a rifle in the middle of a small town and no one witnesses where they came from?
My gut tells me he's guilty, BASED ON THE EMPIRE REPORTING, with his deteriorating mental state, his previous run-ins with those officers, and the few bits of evidence. But there are some doubts there as well. And if we're to lock a man up for life, we need to be beyond a reasonable doubt.
Tough case for the jury. I'm thinking they won't find for 1st degree murder. Maybe 2nd?
And if the jury concludes he didn't do it...then who did?
This whole situation is deplorable.
How can a guy fire off
How can a guy fire off several shots from a rifle in the middle of a small town and no one witnesses where they came from?
If the shooter is inside his house shooting from a second story window, that is how! The suggestion that there was a different shooter is a made up ploy by the defense to cast doubt in the minds of the jury! Hedland has no basis for the claim that anyone but Marvin shot the two officers! He is doing his job by muddying the waters with speculation!
Bullet fragments taken from the body of one of the officers matches the rifle taken from Marvin's house! Same calibre same striations left on the bullet by that rifle's barrel! If you know anything about forensic ballistics, that is as good as fingerprints or DNA! No two barrles leave the same striations on a bullet!
Marvin had motive, he had the oppertunity and he had the means! I have no doubt he is the killer! To suggest there was another person in the City of Hoonah at that time who was capable of comitting the double homicide of two police officers in front of their families is beyond a stretch of the imagination!!!
Clarification
The Empire reported in a previous article that the tests from the fragments taken from the bodies and the shooting scene were inconclusive and could not be matched to Marvin's guns. The only bullet that was a match for Marvin's gun was found by a family member a week after the shooting at a candlelight vigil held at the shooting scene. I'm not trying to determine his guilt or innocence by that point, but I think that when people are coming to their own conclusions they should be working from the facts. Of course, since I haven't attended the trial personally, I am relying on the Empire's reporting for that assertion.
Even the bullet that was
Even the bullet that was found by someone during the vigil is damning evidence! How else did that particular bullet from that particular rifle belonging to Marvin, get to the scene of the homicide if it were not shot there from Marvin?
To suggest that it was placed there by the family is ludacris! How in the Sam Hill would the family get access to the rifle, fire a bullet through it and then plant said bullet at the scene? That is the stuff TV movies are made of!
To suggest the Troopers would plant the bullet at the scene to frame Marvin would suggest corruption at a level never before seen here in Alaska! What would they gain by framing Marvin? You know it wasn't the Hoonah Police Department who planted it, there was no Hoonah Police Deoartment in the days after the shooting! There were more police/Troopers walking around Hoonah in the days following this incident then in the City of Juneau! To suggest someone would "plant" a bullet is insane! Not to mention again, how the Sam Hill would someone get access to the murder weapon to shoot a bullet through it and then plant that bullet at the scene?!!
Bullets?
Whatever happened to chain of evidence. To put a new bullet at the crime scene then accept it as being shot at the same moment an inexperienced attorney with half a brain could poke enough holes it shouldn't even been allowed to be mentioned let alone presented as evidence.
Something stinky about the whole story.
It's in the hands of the jury now
Our system of justice is not perfect. Every once in awhile we hear a story about someone getting out of jail based on DNA evidence or the discovery of a witness that lied.
It does appear that some of the evidence presented is not as damning as one might have hoped it would be. From what has been reported there really does not seem to be any single item that says, "yep, this guy did it!" is there? I really had hoped that that piece of evidence would have been found and presented; but it appears it was not; too sad for the families.
Reasonable doubt, has kind of a nice ring to it when your butt is hanging in the wind and you have to believe that Martin is hoping there is enough of it to get him off.
Soon enough the jury will render their verdict. May this be closure and let the healing begin.
To all the effected families, May you find peace and carry on with your lives after this trial is over.
Well stated, AKjustice
Given that the jury deliberated all day Friday without a verdict suggests that they're struggling with the same thing.
Let me guess AKjustice,
you'll be voting for Romney.....
GUILTY 2 counts of Murder
GUILTY 2 counts of Murder 1st! Enough said!
Guilty!!!
Just saw the good news. Looks like there was enough evidence for the jury.
Bye bye John Nick Marvin jr.
@ima49er
Does politics really have to play a roll in justice?
I mean really!!!
If your party affiliation determines your sense of justice then move to Cuba, Russia, Iran or perhaps North Korea. But please leave America...
What a dolt.
@lat58
We often disagree you and I. Thank you for the note of support. A fair trial must be at the heart of our justice system for all, even people caught red handed.
Obviously Marvin was not caught red handed or witnessed by anyone but the jury of his peers has seen enough to be convinced and that is where things lie today.
Next up sentencing. What's the judge going to do? I say 250 years, or what ever he can give'm.
Agreed, AKJ
This was a difficult case. Glad a jury saw their way through to a unanimous verdict. This is the way our justice system is meant to operate.
I would have been equally satisfied if they had found him not guilty - they had the constitutional authority, not us in the peanut gallery. They spent days hearing the case in person. But it would have raised a lot of 'what now?' questions if Marvin was set free. And would have been a brutal result for the families, with no sense of closure/justice at all.
Given that he did it, he should be put away for the rest of his natural life.
AKjustice
I'll take that as a yes....