Family of man shot to death files wrongful death suit
WILLMAR -- The family of Timothy Richard Larson has filed a wrongful death lawsuit against the two rural Paynesville men accused of shooting and killing the 43-year-old Albertville man in October in northern Kandiyohi County.
The lawsuit, filed in December in Wright County, was originally against Delbert Edwin Huber, 81, and his son, Timothy John Huber, 45, but was later amended to add Delbert Huber's niece, Cherry DeMarais, and his sister, Elise Wagner, of Howard Lake.
The amendment alleges "fraudulent conveyance" of Delbert Huber's land, by DeMarais and Wagner via a quitclaim deed, according to Ryan Vettelson, attorney for Debra Larson, Larson's widow. In addition to his wife, Larson is survived by two sons, Caleb, 12, and Isaiah, 8; his parents; and three siblings.
The lawsuit notes that two quitclaim deeds were executed on Nov. 23 by Delbert Huber. The deeds were filed on Nov. 28 and transferred ownership of the 80 acres of Huber's land in Kandiyohi County to DeMarais and Wagner.
"It looks like he is moving assets," Vettelson said. "We want to try to preserve and recover as many of his assets as we can for the family of the victim."
That goal of preserving Huber's assets includes not allowing the assets to be used for Delbert Huber's defense, Vettelson said. An order of attachment has been issued in the case that prohibits the sale or transfer of Huber's property without approval of the court, he added.
Both Hubers were indicted by a Kandiyohi County grand jury on Nov. 17 on first-degree premeditated murder charges. They also face second-degree intentional and unintentional murder charges for their roles in the Oct. 8 death of Larson.
Delbert Huber allegedly shot Larson with a 303 British Enfield rifle during confrontation over the fact that Larson ordered the Hubers and their farm equipment off farm property owned by Larson's father in rural Belgrade.
Delbert Huber has appeared on the charges seven times, the last time on Monday, without an attorney. He's repeatedly told the judge that he or DeMarais were attempting to mortgage his land to get money to hire legal counsel. Two judges have denied his applications for public defender, based on his ownership of 176 acres of land in Kandiyohi and Stearns counties.
Both of the Hubers have been held in the Kandiyohi County Jail since the day of the shooting incident, which they reported to law enforcement approximately 12 hours after it happened. Delbert Huber is held on $5 million bail and Timothy Huber on $1 million bail.
A mental competency evaluation was ordered on Dec. 7 for Timothy Huber, whose public defense attorneys had previously filed a notice that their client was either mentally ill or under duress.