There will be no new trial in the shooting of two Hoonah Police Officers by John Nick Marvin.

The defense attorney for Marvin, Assistant Public Defender Eric Hedland, had submitted a motion that argued the jury’s finding that Hoonah police officer Sgt Anthony Wallace was performing his duties as an officer when he was shot in 2010. Wallace was on duty at the time of his shooting, he was in uniform and was also driving a marked police vehicle. The defense tried to argue that since Wallace had stopped to talk to Tokouka, he was not engaged in official duties.

Sitka Superior Court Judge David George denied the motion.

The jury did not make the same finding of the other officer, Matthew Tokuoka. Tokuoka was driving his own vehicle, was in plain-clothes and was off duty at the time he was killed.

Marvin shot the two officers from a second-story window of his residence.

That determination by the jury increases the penalties for the First-Degree Murder of the officer to a sentence of 99 years. If the jury had not made that finding, Marvin could have received a sentence of between 20 and 99 years.

The jury convicted Marvin in November to two counts of First Degree Murder.

Marvin will be sentenced on April 5th and faces a sentence of 99 years for the shooting of Wallace and a further 20 to 99 years for the shooting of Tokuoka.

Sentencing will take place in Juneau.